Social Worker Awarded £30,000 Compensation for Fall

A social worker has been awarded £30,000 in compensation after she fell headlong down a flight of stairs, fracturing her arm. Morag Holtes, 49, brought an action against her employer, stating that a proper risk assessment had not been carried out, even though the stairs were widely considered dangerous by those working in the building.

 

The accident occurred when Mrs Holtes, who worked as a project officer for Aberdeenshire Council, was descending a flight of stairs at the office where she worked. Although the exact cause of the accident was unclear, Mrs Holtes thought she had caught her heel on a bulge in the carpet. The next thing she knew she had tumbled down the stairs. As a result of the accident, she was off work for some time.

 

The case focused on the state of the staircase, with experts called to testify as to its suitability for an office environment. The property had been converted from a dwelling and the staircase rose steeply as well as having narrow treads. A consulting engineer told the court that, if built today, the stairs would be in breach of Building Regulations.

 

The Council, defending the claim, argued that the stairs were in good order. A Health and Safety adviser told the court that the stairs had a handrail and were well lit. In addition, there was no evidence of any bulge in the carpet that would have increased the risk of an accident.

 

Lord Turnbull, however, ruling on the case, accepted Mrs Holtes' submission that the uneven carpet had been repaired after her accident. It was the failure to inspect and rectify this problem that formed a breach of the employer's duty. The judge also found that, even before the accident, complaints had been made about the staircase, both directly and indirectly, to Mrs Holtes' line manager. In spite of this, no changes had been made.

 

The court found in favour of Mrs Holtes and awarded her £30,000 in compensation.

 

Employers who fail to deal with complaints regarding health and safety risks in the workplace get little sympathy from the courts when an undealt-with risk causes injury.