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What steps should I take following a fall in a public place?
If you have been injured in a shop or store read our supermarket accident claims pages to find out what steps you should take if you hurt yourself in Tesco, Sainsbury's or Morrisons.  
 
  • Accidents inside or outside a shop / business:
    Aside from seeking immediate medical attention should you suffer injury, any accidents occurring inside a shop will need reporting to the sales staff or management as soon as practicable. Take any photos you think are necessary - get relatives to take care of these issues if you are unable to. Ask for a copy of the accident record (some businesses will disclose this to you).
  • Accidents on defective public pavements and footpaths:
    Once medical attention has been sought, you should report the defect and location of the defect to the local council. At the same time you can notify them of any accident and request that a record is made of the incident.
  • Accidents on ice on public footpaths:
    If you fall and hurt yourself on an icy pavement there is only a very small chance of a claim being successfully brought against the local council. However in order to protect yourself legally it is sensible (aside from seeking immediate medical attention) to report any accident to the council by telephoning / writing to the highways department.
     
  • Ice accidents occurring on business premises:
    Aside from seeking immediate medical attention should you suffer injury, any ice related accidents should be reported to the management of any business establishment owning the land on which the accident occurred. The failure to grit road / pavement surfaces reasonably may well result in a claim being brought. Once again photo evidence of any defect taken as soon as possible can assist in any legal claim. A relative or friend may be able to assist in gathering this vial evidence if injury prevents you from doing so.
In what circumstances can I claim from the council following a fall in a public place?

Tripping accidents contrary to popular opinion are not straightforward One of the most common accidents that can occur in a public place involves tripping over a raised paving flag or protruding edge. Pavements are seldom perfectly level but the council does have an obligation to maintain and repair every stretch of public footpath within their local area. The problem is that resources and funding do not cover the exhaustive scale that would be required to render all pavements completely defect free.

The courts accept this and generally it is much more difficult now to make a claim for a trip on a public pavement. There is still a legal criteria to follow though and you should be aware of the minimum requirements for any claim to be considered.

As a general rule of thumb, if the pavement defect on which you tripped or fell is greater than one inch (ie sticking up or indenting by more than one inch) you may be able to consider making a claim. Anything less than this specific dimension - in most cases - will not give rise to a claim being brought.

What steps should I take following an injury suffered at work?

It is important that you follow certain procedures to protect your interests: Aside from seeking medical help which should of course be a priority, it is also vital that you take certain legal steps to protect your interests should you wish to seek compensation.

It is recommended that you report the accident as soon as possible to your line manager. If you cannot do this - a relative can help by contacting the manager on your behalf.

You must comply fully with and internal company investigation and / or enquiries conducted by the Health & Safety Executive (HSE).

Get informal legal advice as soon as possible to determine what if any case you may have. We would encourage you to speak without obligation to any lawyer specialising in work related accident claims.

Will I lose my job if I make a claim after injuring myself at work?

This is one of the most common questions we hear from claimants: It is perfectly natural to worry about certain outcomes if you decide to make a claim against an employer in these circumstances. Most employers will not even consider firing an employee who makes a claim against them for injury suffered at work. This would be for the most part illegal and completely unreasonable. However not all employers think alike.

If you work for a small company or one where health and safety procedures are extremely slack, then that might indicate that there could be some negativity if you make a claim. No lawyer can say with 100% certainty that you will not be fired if you make a claim against your employers. In our experience this is extremely rare.

Be aware that if you have been employed with a firm for less than 12 months then your employment rights are very limited. This does give the employer the upper hand should they decide to make life difficult for you. Those employed for more than 12 months have far more protection from unscrupulous employers.

Will I still receive wages or get sick pay if I am absent through an injury suffered at work?

Another very common question: Whether you continue to get paid a wage or receive full sick pay during any injury related absence, will depend entirely upon your contract of employment.

There is quite a variance in how employers deal with this thorny issue. Some contracts allow for up to 6 months of sick pay (public sector contracts usually allow this) whereas other employers pay no sick pay under any circumstances.

Most contracts nowadays though, stipulate that payment of wages during "sickness absence" will be at the discretion of the employer. The word discretion in this context is hugely powerful because this hands control of the situation to the employer. They decide whether payment of wages is a) appropriate and b) merited.

This can mean that in many circumstances they will refuse to pay sick pay resulting from injury related absence. This is the number one reason for people deciding to make a claim for personal injury suffered at work. Put simply, the injured party has no choice because in many cases they will have been injured as a result of poor working conditions/equipment etc and yet find themselves in pain, unable to work and without any wages to pay their bills.

Do I need to take my employer to court to receive compensation?

Most cases nowadays do not reach court: It is increasingly rare to take a case all the way to court in order to win compensation.

Most employers now realise that genuine cases ought to be settled reasonably and amicably rather than via the court system.

The legal system is very much geared towards avoiding court action rather than encouraging it. Do not worry about needing to go to court in order to win your claim. We cant say it will not happen but we can say it is unlikely to be necessary.

What basic steps should you follow after an accident on the road?

Make notes: Note down key information ie name of other driver(s), contact tel numbers (landline no. is better than a mobile), registration number of other vehicle (very important), insurance details if known.  Record any known witness details.

Take photos: It is a good idea to take a few photos of the scene and aftermath - photographing the vehicles involved (with permission) and their positions on the road, can be very useful.

Call your insurers: Get your insurers involved asap and record he incident with them.

Call a road accident lawyer: if you have been injured in the accident or have other legal queries / problems that cannot be handled by the insurers.

Police involvement: You may choose the call the police but they are infrequent visitors nowadays to most road accident scenes. They will attend any accident where people are injured or an ambulance has been requested. They will also attend where vehicles are causing obstruction to other road users. Generally though, for minor incidents the police do not attend and do not need to be called provided that the parties involved cooperate with each other and abide by the basic legal requirements following an accident.

Can I use a solicitor to make a road accident claim?

Yes you can hire a solicitor - The internet allows you to get in touch with a vast number of specialist solicitors who will be keen to assist you if they possibly can.

You must be aware though that solicitors will generally only be able to help where there has been a personal injury or significant property damage losses.

If the other party leaves the scene (Hit and Run) can I still claim?

Yes the MIB will also help in these cases - The MIB will deal with any genuine claim for personal injury that arises out of an accident involving a motorist who leaves the scene, more commonly known as a hit and run incident.

There are certain conditions and exceptions so please read our hit and run compensation page and facts and figures for more info.

If the other party has no vehicle insurance can I still claim?

You can still make a claim - It is possible to make a claim against a responsible party even if they do not have any insurance.

Your claim would be dealt with by the Motor Insurers Bureau (MIB) who act as the compensator in such cases.  They will deal with injury and uninsured losses.

Note this last point is important - the MIB will not deal with any insured loss, so claims covered by a comprehensive policy would not be considered.

More here on uninsured drivers.

Winston Solicitors LLP is a limited liability partnership registered in England and Wales with registered number OC337380. Our VAT registration number is 809184027. The firm's registered office is at 112 Street Lane Leeds LS8 2AL. A list of members of the LLP is displayed at the registered office address. Winston Solicitors LLP is regulated by the Solicitors Regulation Authority, with SRA number 495024. More details about how you can access the Authority's rules can be found on their website.