Our client suffered a slip and fall accident at Ninewells Hospital in Dundee as she made her way to a training day as part of her employment with NHS Lothian.
Her union referred her to Thompsons' personal injury solicitors in Scotland and we pursued work accident compensation on her behalf.
The background
In January 2018, our client, a Telecom Service Manager, had travelled to Ninewells Hospital in Dundee to take part in a training session on a new system being introduced at her place of work.
Having parked her car, she ascended a set of narrow, steep stairs to get to the hospital. It was a cold, icy day and grit had been put down. At the top of the stairs, our client slipped on a ball of the grit which had not been spread evenly. She fell forwards down an adjacent set of steps.
The incident was witnessed by several people who had been travelling with our client.
The consequences
Following the slip and fall accident, our client was taken into the hospital in a wheelchair where she was examined by a consultant. She had suffered a displaced fracture of her right humerus (the upper arm bone between the shoulder and the elbow). She had also suffered injuries to her head and right knee as well as hand and wrist injuries which exacerbated pre-existing degenerative changes.
Due to her injuries, our client was absent from work for almost three months and despite paying for private treatments continued to suffer difficulty using her right arm and hand.
The settlement
Thompsons initiated a claim for personal injury compensation with reference to regulation 3 of the Management of Health and Safety at Work Regulation 1999; regulations 3 and 12 of the Workplace (Health, Safety and Welfare) Regulations 1992; the Workplace Directive; section 2 of the Occupiers’ Liability (Scotland) Act 1960 and the vicarious liability for the negligent actions of the employees who failed to properly spread the grit in the area where our client slipped and fell.
Liability was denied and we proceeded to raise the claim in court. Settlement was agreed on 4 October 2021 in the sum of £15,403.
