Tripped and Fell on Worn Carpet in Office

I sustained a tripped and fell on worn carpet in office injury and believed I was automatically entitled to compensation. My colleague says that, as I knew the carpet in office was worn, I might not be able to make a claim. Is this right?

Question:

I sustained a tripped and fell on worn carpet in office injury and believed I was automatically entitled to compensation. My colleague says that, as I knew the carpet in office was worn, I might not be able to make a claim. Is this right?

Answer:

Strictly speaking, if your employer has failed to provide you with a safe environment in which to work, you will be entitled to claim compensation for tripped and fell on worn carpet in office injury. However, your colleague has a point if you were aware that the carpet was worn, and failed to report the hazard, as you could be considered to have contributed to your accident and injury by your own lack of care.

Although this “contributory negligence” will not disqualify you from making a claim for trip on worn carpet injury, it may affect how much compensation for injury due to worn carpet in office you receive. There is a difference between sustaining an injury tripping on worn carpet in office when an employee knew the hazard existed, and sustaining a trip and fall due to worn carpet injury on a first visit to an office.

You should still proceed with a claim for tripped and fell on worn carpet in office injury as you would with any accident. If you have not already sought professional medical attention, it is important that you do so right away. Even if first aid was applied after your trip and fall due to worn carpet injury was sustained, it is still important that your injury is recorded in your medical notes.

Thereafter, make a report of your tripped and fell on worn carpet accident in your employer´s “Accident Report Book” and keep a copy for your reference. Take a photograph of the worn carpet in office where your accident occurred and compile a list of colleagues who may have witnessed your accident and would testify that the office carpet was worn at the time – even your colleague who says that you were aware of its condition.

As there may be some negotiation over what level of responsibility may be attributed to your own lack of care, it is in your best interests to speak with a solicitor at the earliest possible opportunity. It would be recommended to undergo a full assessment of your claim in order that both the compensation for tripped and fell on worn carpet and any percentage deduction due to contributory negligence is both adequate and fair.