Can I sue for fall?

5th December 2003 at 00:00
Recently I slipped on a cleaned floor at work and injured my back. Since returning to work after taking time off to recover, my back is still causing me problems. I am aware that my employer has a responsibility to ensure the workplace is safe. There was no sign warning me of a wet floor.

I have taken my complaint to my manager who was sympathetic but would not go so far as to suggest legal action. Do I have a case?

There are plenty of laws protecting you, not least the Health and Safety at Work Act, 1974, that requires employers to ensure the safety of its employees. More recently The 1992 Workplace Regulations states that floors should be even and free of slippery surfaces. Given that you have not fully recovered despite a period of leave, I would say you have a good case. Your doctor will need to support your actions and you may need the testimony of others to support your case. There may be long- term consequences for you so don't let them get away with just an apology.

Subscribe to get access to the content on this page.

If you are already a Tes/ Tes Scotland subscriber please log in with your username or email address to get full access to our back issues, CPD library and membership plus page.

Not a subscriber? Find out more about our subscription offers.
Subscribe now
Existing subscriber?
Enter subscription number


The guide by your side – ensuring you are always up to date with the latest in education.

Get Tes magazine online and delivered to your door. Stay up to date with the latest research, teacher innovation and insight, plus classroom tips and techniques with a Tes magazine subscription.
With a Tes magazine subscription you get exclusive access to our CPD library. Including our New Teachers’ special for NQTS, Ed Tech, How to Get a Job, Trip Planner, Ed Biz Special and all Tes back issues.

Subscribe now