Who is liable for my claim to knee injury compensation? I tripped over a cable at work recently which resulted in a fractured knee. However my employer says that I am not liable to compensation as the hazard was only temporary. Are they correct?
Liability for a claim to knee injury compensation will depend on the party whose negligence resulted in your accident and injury. This will need to be proven before any claim can be made, and as it appears that your employer may challenge your claim it is advised that you consult a personal injury* solicitor in order to help establish liability for your claim.
In order to establish which party is liable for your knee injury compensation, the circumstances surrounding your accident must first be explored. With any hazard in the workplace, regardless of how temporary, measures must be taken in order to minimise any risk it may pose. In the case of the loose cable, it is possible that it could have been secured to the floor in order to decrease the likelihood of somebody tripping. Warning signs could also be used in order to highlight the potential danger posed by the cable. If it is found that your employer took insufficient measures in order to prevent an accident occurring, they can be held liable for an injury compensation claim.
However your entitlement to knee injury compensation is not guaranteed. It is possible that your accident occurred immediately after the cable was placed down and before preventive measures could have been taken in order to decrease the likelihood of an accident occurring. It is also possible that contributory negligence may have been a factor in your injury. This may occur in your situation if you were the one responsible for taking preventive measures to avoid a potential accident occurring with the cable, or if you were the one who put the cable down. It is also possible that you failed to seek immediate medical attention following your accident, and if your injuries deteriorated as a result you may be held partially liable for the extent of your own injuries.
Determining liability for a compensation claim can sometimes be difficult, especially if your claim may be challenged by your employer or their insurers. Because of this you are advised to consult a personal injury* solicitor at the earliest opportunity in order to help determine liability for your accident. Your solicitor will also be able to inform you whether the claim is worth pursuing and the amount of compensation that you may claim. With professional legal representation, you will increase your likelihood of a successful claim and ensure that you receive the knee injury compensation to which you are entitled.