Slips and Trips: Keeping safe at work in winter weather

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As the nights draw in early and the temperature starts to plummet, it is crucial that workers and employees take extra care while carrying out their jobs.

According to the Health and Safety Executive, slip and trip accidents increase during the Autumn and Winter season for a number of reasons: there is less daylight, leaves fall onto paths and become wet and slippery and cold weather spells cause ice and snow to build up on paths.

Slips and trips

However, there are several actions you can take to reduce the risk of slips and trips. The Health and Safety Executive has broken down the extra precautions you should take around this time of year.

Lighting

HSE says that employers should consider if there is enough lighting around your workplace for you and your workers to be able to see and avoid hazards that might be on the ground. The easiest way to find out is to ask your staff.

Another way is to shadow your employees for a couple of days, walk the main internal and external routes that they use throughout their working day.

It is important to do this both inside and outside of the workplace, as the effect of light changes during the day. If you can’t see hazards on the ground you will need to improve the lighting (e.g. new lights or changing the type of bulb).

Wet and decaying leaves

HSE warns that fallen leaves that become wet or have started to decay can create slip risks in two ways: they hide any hazard that may be on the path or they themselves create a slip risk.

Employers should put in place a procedure for removing leaves at regular intervals to prevent any workplace accidents.

Rain water

Preventative measures should be taken to ensure that rain water does not cause any issues during wet weather. HSE has broken down steps that employers should take to prevent this.

When fitting external paved areas ensure that the material used will be slip resistant when wet.
Discourage people from taking shortcuts over grass or dirt which are likely to become slippery when wet. Consider converting existing shortcuts into proper paths.
On new sites, before laying paths, think about how pedestrians are likely to move around the site. Putting the path in the right place from the start may save you money in the long term.
Many slip accidents happen at building entrances as people entering the building walk in rainwater. Fitting canopies of a good size over building entrances and in the right position can help to prevent this.
If a canopy is not a possibility, consider installing large, absorbent mats or even changing the entrance flooring to one which is non-slip.

Ice, frost and snow

Ice, frost and snow can be extremely dangerous for workers if action is not taken. In some job roles, for example on building sites or if you are working outside, workers should be vigilant to ensure they are carrying out their job safely. Employers should also take action to keep the workplace as safe as possible.

To reduce the risk of slips on ice, frost or snow, you need to assess the risk and put in a system to manage it.
Identify the outdoor areas used by pedestrians most likely to be affected by ice, for example: – building entrances, car parks, pedestrian walkways, shortcuts, sloped areas and areas constantly in the shade or wet.
Monitor the temperature, as prevention is key.
You need to take action whenever freezing temperatures are forecast. Keep up to date by visiting a weather service site such as the Met Office or the Highways England.
There are also smart signs on the market, available to buy at low cost, which display warning messages at 50 and below.
Put a procedure in place to prevent an icy surface forming and/or keep pedestrians off the slippery surface;
- Use grit (see separate section below for more detail) or similar, on areas prone to be slippery in frosty, icy conditions;
- Consider covering walkways eg. by an arbour high enough for people to walk through, or use an insulating material on smaller areas overnight;
- Divert pedestrians to less slippery walkways and barrier off existing ones.
If warning cones are used, remember to remove them once the hazard has passed or they will eventually be ignored.

Gritting

The most common method used to de-ice floors is gritting as it is relatively cheap, quick to apply and easy to spread. Rock salt (plain and treated) is the most commonly used ‘grit’. It is the substance used on public roads by the highways authority.

Salt can stop ice forming and cause existing ice or snow to melt. It is most effective when it is ground down, but this will take far longer on pedestrian areas than on roads.

Gritting should be carried out when frost, ice or snow is forecast or when walkways are likely to be damp or wet and the floor temperatures are at, or below freezing.

The best times are early in evening before the frost settles and/or early in the morning before employees arrive. Salt doesn’t work instantly; it needs sufficient time to dissolve into the moisture on the floor.

If you grit when it is raining heavily the salt will be washed away, causing a problem if the rain then turns to snow. Compacted snow, which turns to ice, is difficult to treat effectively with grit.

Be aware that ‘dawn frost’ can occur on dry surfaces, when early morning dew forms and freezes on impact with the cold surface. It can be difficult to predict when or where this condition will occur.

I have had an accident at work – can I claim compensation?

At Oakwood Solicitors Ltd, our team of specialised Employer Liability solicitors can help you seek compensation for your injuries sustained at work.

How to claim for an accident at work

Whether you are an employee, agency worker or contractor you may be able to claim for an accident at work.

The Health and Safety at Work Act 1974 states that it is the duty of every employer to ensure, so far as is reasonably practicable, the health, safety and welfare at work of all his employees.

This includes assessing risks, and implementing strategies to minimise risks, providing adequate training and protective equipment for all workers, and carrying out checks to ensure maintenance of any equipment is up to date.

However, if you have suffered an injury at work you may be entitled to make a claim.

How long do I have to make a claim?

Legal proceedings must be commenced within 3 years from the date of your accident. Failure to do this may result in your claim being time-barred and you may not be able to make a claim for compensation.

If a loved one has deceased, the time limit for bringing a claim is 3 years from the date of death.

What compensation can I claim?

Each Employers’ Liability case is assessed individually and is dependent on supportive medical evidence. You can claim for:

General Damages – Made for the pain, suffering, and loss of amenity of life that are evidentially linked to the accident at work directly. The pain and suffering element of the award compensates for all past, present, and future physical and psychiatric symptoms.

Loss of amenity means the inability to complete activities, either temporarily or permanently, after an accident, which could be undertaken before. This is an award designed to compensate you for the actual injuries suffered, and the effect those have had on your quality of life.

Special Damages – Compensates for any financial losses or out-of-pocket expenses as a result of the accident at work. This would include (but is not limited to) loss of earnings, medication or prescription charges, travel to appointments or any cost of care for the extra care you have needed from family or care providers.

If you are unable to do tasks like gardening, or walking the dog, and have to pay for these services as a consequence of your accident and subsequent injuries, these can also be claimed for.

This can also include any future loss claim and if you are unable to return to the same job as a result of the accident at work, you can claim for a lump sum based on your wages known as the Smith v Manchester award.

This is where it can be proved that as a result of your injuries, there is a risk you would find it more difficult to obtain similar employment.

However, an injured person has a duty to take reasonable steps to minimise their losses/expenses. This is called mitigation of losses, and a Court will assess whether or not the loss was reasonably incurred, before making an award.

How much compensation will I get?

The amount of compensation you can claim depends on the severity of your injuries and the effect it has had on your life. If symptoms are ongoing and are supported by medical evidence, this would increase the value of your claim.

The Judicial College Guidelines set out financial brackets for common types of injuries, as will be referenced to estimate the value of the claim.

The guidelines are broken down into the affected body parts and the type and severity of the injury. They were introduced as it was recognised that whilst no two cases are ever precisely the same, justice was required to develop consistency between awards.

Precedent case law is also relied on to support the valuation and consideration must also be given to whether you have had a pre-existing disability or whether the injury accelerated a pre-existing condition.

Even where the older injury may not be symptomatic at the time of the accident, it is something that will have to be considered and would affect the value of your claim.

How long does an accident at work claim take?

Each case is different and whether an insurance company agrees to deal with a case depends on a number of factors. It is therefore very difficult to advise on the length of time a case may take as it may be that it is not clear who is responsible for your accident.

Your solicitor will advise you if there are issues that arise which means the duration of your case will be affected. It will depend on various matters, such as:

Level of your injury
Ongoing treatment
Whether your employers admit fault
Whether proceedings would need to be issued to secure compensation
Speed of communication between parties
Issues with your medical records/reports

Why should I use Oakwood Solicitors for my accident at work claim?

Oakwood Solicitors Ltd is an expert in Employers’ Liability cases and has over twenty years of experience in running and pursuing these cases.

We will ensure that we update you at every stage of the case and you will have a dedicated handler from the very beginning. It can be very stressful after an injury and our team can assist you by breaking down the legal jargon during the process and listening to you.

When you instruct us, you can expect a friendly, down-to-earth approach together with extensive knowledge of the field which will be used to fight tenaciously with the insurers to achieve the maximum level of compensation possible for you.