I sustained an office injury on a wet floor due to no cleaning sign being used. I slipped and broke my wrist but my manager has told me I cannot claim as I should have seen the cleaner and taken extra care. Is this correct?
Eoin P. Campbell, LL.B., Solicitor
Editor in Chief
It is usually possible to make a claim for an office injury on a wet floor due to no cleaning sign, although it is not possible to determine with 100 percent certainty whether you are eligible to claim for an office injury on a wet floor due to no cleaning sign without having further information on the circumstances under which you slipped. We therefore recommend that you speak with a personal injury solicitor for clarification of your eligibility to make a claim for office injury compensation.
Since your manager has indicated that you cannot claim for an office injury on a wet floor due to no cleaning sign, if you still file a claim with the Injuries Board without first confirming your legal right to do so, there is the potential that the Injuries Board will reject your application for assessment if your employer fails to consent to the Injuries Board process.
However, it is not unusual for employers to tell staff that they are not within their rights to make a claim for compensation in an attempt to prevent a claim from being made. Although office slip injury compensation is paid by an employer’s insurance company, there are still financial implications for an employer when a personal injury claim is successful. This does not mean that your employer is trying to prevent you from making a legitimate claim, only that under the circumstances he may not be fully aware of his responsibilities under Health and Safety at Work legislation.
Whenever a floor is being mopped, a hazard is being created in the workplace. Your employer should have been aware of the danger of slipping on a wet floor in an office and should have instructed cleaning staff in the correct use of warning signs. They should be placed in clear view over the section of floor which is wet to alert workers to the danger of slipping. When extensive areas of floor need to be mopped, it may even be appropriate to cordon off parts of the floor to totally eliminate the risk of slipping.
A failure to alert staff to the danger could indicate that your employer has been negligent and, if this is the case, it is likely that you will be able to claim for an office injury on a wet floor due to no cleaning sign. Although a claim may be possible, you will still need to prove that your employer has been negligent. It is difficult to gather evidence of negligence for an office injury on a wet floor due to no cleaning sign, as the hazard is only temporary. If there were any witnesses to the accident who could confirm the lack of a warning sign, this would certainly help to substantiate your claim for office slip injury compensation. However a solicitor is in the best position to advise you about the evidence you will need to collect under the circumstances.