Who do I claim wrist injury compensation against? I slipped on the kitchen floor in my office and I broke my wrist. I want to claim compensation against my employer, who told me that the cleaner is liable as he failed to perform his duties properly. Is my employer correct?
In order to be eligible to claim wrist injury compensation, you must have sustained an injury which is attributable to the negligence of a third party. As long as you did not contribute to your own injuries you may be eligible to compensation in this scenario, although your employer disputes their liability that may complicate matters. However your employer has a duty to ensure that you are provided with a safe environment in which to work, and should they fail in this duty they may be held liable for an injury compensation claim.
While your employer may insist that the cleaner has failed to perform his duties properly, the fact remains that the cleaner should have been provided with training and supervision by your employer. Because of this, if the cleaner was performing his duties to a poor standard or without adequate supervision, your employer may be held liable for any injury which has occurred as a result. The exception to this would be if the cleaning was being performed by an independent contractor who was trained by somebody other than your employer. In this situation, it is possible that the company for which the cleaner works could be held liable for your injury. However it is advised that you seek the advice of a personal injury* solicitor if liability is in doubt.
It is also possible that your claim to wrist injury compensation can be affected if you contributed to your injuries in any way. This could be the case if warning signs were clearly put up around the hazard, but you failed to notice them or they were ignored. You may also have contributed to the extent of your injuries if you failed to seek immediate medical attention. While you may not be disqualified from making a claim, it is possible that the amount of compensation to which you may be entitled could be reduced in order to reflect your own carelessness.
If it appears that liability for your injury will be disputed, you are advised to consult a personal injury* solicitor at the earliest opportunity. By acquiring professional legal representation it will be easier to determine liability for your injury and increase the likelihood of bringing your claim for wrist injury compensation to a successful conclusion.