Fallen down stairs at work - advice please

knittergirl1987

Hi, I'm looking for some advice about an accident I suffered at work last week.

I fell down a flight of stairs, head over heels top to bottom. I'm badly battered and bruised but have also suffered an injury in my arm as I grabbed the bannister to stop myself falling. I had a day and a half off as a result, but made it back to work as soon as I felt able.

The stairs have raised lips at the end of each step, it was this that caused me to trip. The company has had an inspection and I believe they've been advised to replace the carpets and the covers as the non-slip coating has worn away. The member of staff who wrote in the accident book was sure to note I'd been wearing flip flops at the time, but the company does not enforce a uniform policy.

Now I'll admit, on the whole the pain has been manageable and I have not kicked up a fuss as I enjoy my job. I am however, getting very frustrated as the injury means I am unable to drive. I don't have the strength in my elbow/wrist to move the gear stick. I've relied on buses to get me to work for the last week since the accident, but good old public transport has let me down twice.

I went to my manager and asked whether the company would consider paying me for the day I had off sick and was told its unlikely, as the company doesn't want to be seen to be admitting liability in case I sue. They've already agreed to pay me for a full day of the accident and also for approximately 1.5 hours that the transport cause me to be late. Surely that is admitting liability?

Right now, I have absolutely no intention of suing however I am worried that if the injury effects my ability to drive for any length of time it will cause further problems for me getting to work and also on my fathers earnings, as the bus doesn't run in the evening and so I'm relying on him to pick me up.

Apologies for the stupidly long post, but does anyone have any advice or experience with matters like this? Basically, right now, I would like them to pay me for the one day and I'd be happy but if my arm continues to be a problem I would consider taking further action.

Southend1

So you wore inappropriate footwear to work, tripped, and you're one trying to blame someone else? Doesn't sound like it's going anywhere to me. Consult your union rep or an employment solicitor for proper individual advice.

knittergirl1987

Southend1 wrote: »

So you wore inappropriate footwear to work, tripped, and you're one trying to blame someone else? Doesn't sound like it's going anywhere to me. Consult your union rep or an employment solicitor for proper individual advice.

As explained, the stairs had raised edges which are a tripping hazard and are being replaced as a result of the accident but thank you for you for taking the time to read my post and offer your opinion.

DomRavioli

Not a leg to stand on (pardon the pun) - you must use COMMON SENSE - flip flops are not suitable footwear for 99% of jobs, had you not been wearing them, on a law of probabilities, you most likely wouldn't have fallen.

Why should the company pay for your inability to recognise that? You need to think long and hard about why you thought it appropriate to wear beach shoes to work (I'm taking it you don't work on a beach) and then wonder why you fell.

And the person recording the accident was correct to put in it that you were wearing inappropriate footwear, as it is likely the cause of the injuries, just as they would for any other relevant and blatantly obvious cause.

And paying you the time for being late due to public transport, when you have been ill and are unable to drive is common - it is not admitting liability, just making sure that you are reimbursed for an inconvenience which you caused yourself.

If you attempted to take it further, you would get nothing apart from a legal bill, and maybe even your P45, and a bad reference - its a bit more serious than a days pay. Shake off the embarrassment of falling over because of your shoes, and drop it.

knittergirl1987

I believe I would have fallen if I'd been wearing shoes. I tripped on a raised lip of the step, I am not the first to have tripped but I am the first to have fallen and been injured.

I do not have $ signs in my eyes. My intention is simply to protect myself should my inability to drive cause further problems. I may be healed in a week or it could take 6 months, I'm simply asking for advice if it is the latter.

As for my decision to wear inappropriate footwear, I follow the example of 99% of the members of staff (including senior management) who choose to wear the same.

AP007

knittergirl1987 wrote: »

As explained, the stairs had raised edges which are a tripping hazard and are being replaced as a result of the accident but thank you for you for taking the time to read my post and offer your opinion.

Stairs are made this way. The bit that you step on hangs over.

Mojisola

knittergirl1987 wrote: »

I don't have the strength in my elbow/wrist to move the gear stick.

Have you seen a doctor about this?

Southend1

knittergirl1987 wrote: »

I believe I would have fallen if I'd been wearing shoes. I tripped on a raised lip of the step, I am not the first to have tripped but I am the first to have fallen and been injured.

I do not have $ signs in my eyes. My intention is simply to protect myself should my inability to drive cause further problems. I may be healed in a week or it could take 6 months, I'm simply asking for advice if it is the latter.

As for my decision to wear inappropriate footwear, I follow the example of 99% of the members of staff (including senior management) who choose to wear the same.

Just because you weren't the only one to wear flip flops to work doesn't mean that beachwear is appropriate for the workplace.

If I were you I'd just chalk it up to experience and buy myself a proper pair of shoes.

Sorry this isn't what you wanted to hear, but really it is a matter of common sense.

kittkatt82

I don't know the answer to this, but would assume if there is no dress code at work then you are within your rights at least to make enquiries, perhaps consult an injury solicitor, but out of common courtesy speak to your manager before proceeding with anything. I can see others' points about the flip-flops but this could also be the case if you were wearing heels, slippery shoes, a skirt confining your movements etc etc etc all of which are deemed appropriate footwear for the workplace. You need to have evidence of the dysfunction in the stairs, take photos (inconspicuously) before they are all replaced. And good on you for not seeing pound signs as most people do. Hope you feel better soon.

theoretica

knittergirl1987 wrote: »

I am not the first to have tripped

Has this been reported as a near miss? If it has been documented as an issue and nothing done then you have more of a case than if no-one officially reported it.

paddedjohn

If you knew the stairs were a trip hazard then why were you still using them whilst wearing flip flops? sorry but just get yourself better and forget it unless you want to end up on one long holiday.