My employer told me I cannot claim compensation for slipping in the office toilets as no one witnessed the accident. Is this correct?
Eoin P. Campbell, LL.B., Solicitor
Editor in Chief
There are many factors which can affect your eligibility to claim compensation for slipping in office toilets; however the fact that there were no witnesses to the accident certainly does not mean that you lose your right to claim office slip injury compensation.
Although there were no witnesses to the actual accident, this does not mean that witness testimonies cannot be used to help establish that your employer failed in a duty of care and was negligent for failing to maintain a safe work environment. If you slipped on a wet floor in the office toilets, there may be other members of staff who could testify that the floor was wet, slippery or dangerous and that this was the reason for your slip and fall accident. Witnesses who can testify that the hazard existed will certainly be able to support your claim for office toilet slip injury compensation.
You should make a written report of how the accident occurred in your employer’s accident book. This report can be used to support your claim for compensation for slipping in the office toilets. A personal injury solicitor will use the accident book report to determine that the accident and injury occurred on work premises.
In order to confirm that you are eligible to claim compensation for slipping in office toilets we recommend speaking with a personal injury solicitor. A solicitor will also provide assistance with proving employer negligence and collecting evidence, and will assist you by preparing the strongest possible claim to submit to the Injuries Board.
It sounds as if your employer is just trying to discourage you from making a claim for compensation for slipping in office toilets for your injuries, and it would be unlikely that your employer would reject a claim for an accident which can be proven was caused by his negligence. It is usually only when a claim is particularly weak or when there is contributory negligence that a claim for compensation for slipping in office toilets would be rejected.
Should your employer reject the claim, you will need to pursue compensation for slipping in office toilets through the Irish court system and a solicitor will need to be involved. Using a solicitor from the outset can also help to prevent litigation from being necessary. Should your claim succeed, any costs for legal representation can be recovered in your office slip injury claim for special damages.