A Finance Director of a former major courier company in Sheffield has been awarded £75,000 after falling downstairs at work. The claimant, known as Mrs W for legal reasons, was walking downstairs when she caught her foot on a defective carpet tile and fell down approximately 12 steps. Her injuries includes two fractures to her upper right arm and a serious fracture to her shoulder.
Although the company was clearly at fault, the claim was unusual as the company Mrs W worked for at the time had actually gone into administration since the accident took place. Accident Solicitors Direct, the Sheffield based specialist injury lawyers which dealt with the claim, were able to ensure Mrs W was compensated. This is because that although the company had failed the employer’s liability insurance was still valid. Using the information on the Employers Liability Tracing Office (ELTO) website, ASD was able to find out who the insurer of a company was at a certain point in time. This meant that ASD could then approach the insurance company and ensure Mrs W gained the compensation she deserved.
Richard Meggitt, part of the Serious Injury Team at ASD said, “It’s quite common, particularly in the current economic climate for companies to go into administration, however this doesn’t mean the insurers for the failed company can get out of their obligation to compensate individuals who have been injured at their place of work through no fault of their own. An employee has 3 years from the date of the accident to make a claim even if the company no longer exists. Even if a company has been dissolved a claim can be made. This is often the case with asbestos and mesothelioma claims for example as these symptoms appear long after the companies have closed down. By being able to trace the company’s insurers, as in the case of Mrs W, we can process the claims.”