Case study: £26,500 for healthcare worker who slipped on path

Our personal injury solicitors helped a healthcare worker claim compensation for injuries she sustained after slipping on a path which had a build-up of moss and mould.

Accident circumstances: fall on a slippery path

Our client, Ms G, worked as a Healthcare Assistant and would visit patients at different locations. On the day of the accident, Ms G was visiting a patient at a care home.

During her visit, she had to exit the building, and when she returned to the home, she was unable to enter through the main entrance as the door was locked. She walked to the side to try to attract the attention of a member of staff through a window, but slipped on the path.

The pathway had moss and mould build up, which had become slippery and hazardous.

As a result of her fall, Ms G suffered the following injuries:

• A fractured wrist which required surgery, including internal fixation.
• Soft tissue injury to her left shoulder.
• Soft tissue injury to her left ankle.
• General bruising on the left side of her body.

Ms G instructed our personal injury solicitors to claim compensation for her injuries.

Liability denied by Defendant

We notified the Defendant’s insurers of the claim, who denied liability for the incident. They alleged that the area was not a hazard or slippery, and that this section of the walkway was blocked by a planter to prevent access to the pathway.

This was disputed by Ms G, who noticed that changes were only made following her accident, specifically, jet washing the path, placing warning signs stating that the ground can become slippery, and preventing access with planters.

Witness statements received

The Defendant failed to provide any defence to the alleged moss/mould on the ground. Our team obtained witness statements from colleagues. We returned these witness statements to the care home to challenge their position, and they subsequently admitted liability for the accident.

Medical reports obtained

Symptoms from wrist injury “unlikely” to improve

Our slip, trip and fall solicitors obtained copies of Ms G’s medical records and instructed an independent medical expert to prepare a report. We instructed a Consultant Orthopaedic Surgeon who specialised in upper limb injuries. The report confirmed that Ms G was still experiencing significant pain and stiffness in her wrist and found that weight-bearing, cold weather and long periods of pain aggravated her wrist. The surgeon stated that the residual symptoms were not unexpected and, as there had been no improvement in the year before, it was expected that the symptoms were unlikely to significantly improve.

The Surgeon recommended some additional strengthening exercises provided by a hand therapist to potentially improve Ms G’s grip strength. He confirmed that, if Ms G was worried by the internal fixation, then she could have this removed.

Psychological injury

Ms G had also been impacted psychologically, and the Surgeon recommended a separate report from a Clinical Psychologist. This report confirmed that:

• Ms G fitted the criteria for a PTSD diagnosis because of the accident and the related injuries.
• Ms G would benefit from undergoing eight to 12 sessions of trauma-focused psychological therapy.

Deferred payment

Our personal injury solicitors explained to Ms G that recommended treatment and surgery could be arranged on a deferred payment basis, with costs included in her claim.

Ms G wanted to undergo the hand strengthening and clinical psychologist sessions, but was unsure about the surgery. We arranged an initial consultation with a Surgeon on a private basis for her to discuss her options, and she decided not to proceed.

Early settlement offer rejected

Before disclosing the medical evidence, the Defendant made an early settlement offer of £6,500. Our solicitors advised Ms G that the offer was too low and recommended waiting until she had completed the treatment before exploring settlement.

Claim for financial losses

Our Personal Injury team collated details of Ms G’s financial losses, which included:

• Loss of earnings: Ms G required four months off work and did not receive any pay during her absence.
• Care and assistance: she required help from her son and husband with personal care and household chores.
• Treatment costs: this included the consultation with a Surgeon regarding the potential surgery, physiotherapy and psychological treatment that had been undertaken. It also included a claim for future psychological treatment.

Settlement of the claim

The Defendant made a further settlement offer of £22,500, which, while not unreasonable, we believed could be higher. Following negotiations, Ms G’s claim settled for £26,500.

Contact our slip, trip and fall solicitors

If you’ve suffered an injury as a result of a slip, trip or fall that wasn’t your fault, you may be entitled to claim compensation.

Call our friendly team on 0117 325 2929 or fill out our online enquiry form.