Our client was working for Scotbeef in Stirling as a lamb packer. He was injured in the course of his employment in July 2018. His union, Usdaw, referred him to Thompsons so that we could pursue knee injury compensation on his behalf.

The background

As part of everyday work practice at the site, when employees visited the toilets during a shift they were required to rinse their work boots before entering the changing rooms. Once in the changing rooms, workers then removed their wellingtons and overalls, before entering the toilets.

On the date of his work accident, our client had come out of the toilets and put his overalls and boots back on. However, he slipped on the changing room floor, landing on a metal bench.

Because people coming into the room had to rinse their boots immediately prior to entering, this meant that during a shift the floor was often wet. Our client remembers that the floor of the changing room was wet on the date of his slip accident, however, due to the colour of the tiles he found it hard to see the moisture.

Following the fall, our client realised immediately that his leg had been injured. A first aider attended the scene and arrangements were discussed to call an ambulance because our client could not stand up. However, the ambulance was cancelled and our client was taken to Stirling Hospital by another employee.

An x-ray revealed that our client had dislocated his knee and he had suffered a hairline fracture of the patella. His leg was splinted and he was given crutches to help him walk.

The consequences

For two weeks our client was unable to bear weight on the leg and the splint remained in place for six weeks. He required a course of physiotherapy to aid his recovery.

Our client was absent from work for just over two months. He was on Statutory Sick Pay and lost a significant amount of income as a result.

We intimated a claim to the employer but liability was denied. It was the defender's position that there was no evidence to suggest the changing room floor had been wet at the time of the accident. Thompsons' personal injury solicitors obtained witness statements from our client's colleagues stating that the floor was wet and that there was no system of work in place to enable boots to be dried once they had been rinsed prior to entering the changing room/toilet area.

The settlement

Thompsons personal injury solicitors raised court proceedings and during a pre-trial meeting the defender made a slip accident claim settlement offer in the sum of £5,000.

We discussed this offer with our client and, on our advice, it was rejected. A further defender offer was made in the sum of £7,500 and it was our advice that this was a reasonable offer.

Our client was happy to accept the offer and settlement was agreed on 7 April 2021.