Thompsons secured £19,200 in compensation for a recycling centre worker who injured her knee after tripping on an unmarked raised bolt at her workplace in Aberdeenshire. The All‑Scotland Personal Injury Court found her employer liable after evidence showed that a known trip hazard had not been properly marked despite repeated complaints from staff.
What Happened
The claimant, Carol H, worked as a recycling centre operative for Aberdeenshire Council. She often worked alone at the site and had previously raised concerns with management about several health and safety issues.
One of the main concerns was the presence of raised bolts on the ground throughout the recycling centre. Carol had complained about these hazards for years, particularly bolts located in areas less visible to the public. Despite these complaints, the issue had not been properly addressed.
On the day of the accident, the recycling centre had just opened. Carol was uncovering skips at the back of the yard when she heard a member of the public arrive on site. As she moved quickly but purposefully between two skips to assist them, she tripped on a raised bolt and fell, injuring her knee.
Injuries and Impact
Carol sustained a soft tissue injury to her knee which lasted for approximately one year. Medical evidence also confirmed that the accident accelerated the development of arthritis in her knee by an estimated three to five years.
What Went Wrong?
Evidence presented in court showed that the raised bolts were a known trip hazard at the recycling centre.
Some bolts at the front of the yard had previously been painted to make them more visible. However, the bolts located between the skips and towards the back of the site had not been marked.
During the case, a site manager accepted that:
- It was reasonable for staff to be between the skips, as leaves and debris frequently needed clearing from that area.
- The raised bolts were a known trip hazard.
- Carol H had previously complained about them.
- The only reason the bolts at the back of the yard weren’t painted was due to lack of paint.
The court heard that painting the bolts would have been a simple and effective safety measure.
Legal Approach
Thompsons Solicitors Scotland pursued the claim on Carol’s behalf in the All‑Scotland Personal Injury Court. The case was led by Robert Cranston, Senior Associate.
The Sheriff accepted Carol’s evidence, which was supported by her accident report completed at the time of the incident. The Sheriff also accepted the manager’s evidence, which confirmed that the hazard had been identified and that a simple safety control had not been implemented.
The court concluded that, on the balance of probabilities, the accident would likely have been avoided if the bolts had been painted.
Outcome
The court found the employer liable for the accident. A deduction of 20% was applied for contributory negligence, recognising that Carol had been walking quickly and was aware of the hazard but had previously taken reasonable steps to raise safety concerns.
Thompsons secured £19,200 in compensation for Carol following the court’s decision.
Robert Cranston
Robert Cranston
"This case is a reminder of what happens when employers fail to take staff safety seriously. Carol H had done everything right, she raised concerns, she did her job diligently, and yet her warnings were ignored. The court rightly found that a basic, low-cost safety measure was known and simply not acted upon. We’re proud to have helped her get the justice she deserves."
What this case shows
This case highlights the importance of employers addressing known workplace hazards and acting on safety concerns raised by staff. Even simple and low‑cost safety measures can prevent serious injuries if they are implemented properly.
Workers who are injured because risks were not properly managed may be entitled to pursue compensation through accidents at work claims. Thompsons can often support clients through the process under a No Win No Fee arrangement.
If you have been injured in similar circumstances, you can contact Thompsons to discuss your situation.
