I have developed severe arthritis in my knee after I slipped at work some years ago, is it still possible to make a compensation claim for slipping on a wet floor in a factory?
Although it may be some time since you suffered your injury it still could be possible to make a compensation claim for slipping on a wet floor in a factory provided you can demonstrate your employer’s negligence resulted in your injury. Employers have a duty of care to provide staff with a safe working environment and if they fail to provide this, they may be responsible for your injury.
Under the USA statute of limitations, claimants have three years from the date of knowledge (that is the date they first become aware of their injury) to make a compensation claim for personal injury. In this case the date of knowledge would be the day you were diagnosed with arthritis in your knee. Assuming your doctor or GP has verified that your arthritis was caused by the injury to your knee after you slipped, you may be eligible to make a claim provided you did not accept any offer of compensation for your knee injury after the initial accident.
If you wish to pursue a claim for slipping on a wet floor in a factory it is recommended that you speak to a personal injury lawyer once you have tended to your health. A personal injury lawyer will be able to advise you on the procedure you should follow and the evidence that should be gathered to help you build the strongest claim possible.
If the factory has since closed down, they will help you find your former employer or track down the insurance company that your employer held a policy with. Your personal injury lawyer will also be able to advise on various factors that could alter the amount of compensation you are entitled to claim. For example, if you incurred any medical costs or other expenses as a direct result of the arthritis you may able to recover those expenses under ‘special damages’ provided you have proof -usually in the form of receipts – of the expenditure.
If your condition results in a loss of mobility causing depression or anxiety you may also be entitled to claim for emotional trauma as well as ‘loss of amenity’ if you are no longer able to participate in hobbies or social activities that were part of your life before the injury.
You should be aware that if you did not seek professional medical attention immediately after the accident, it could be alleged by the negligent third party that you contributed to the development of your condition by not seeking prompt medical care. If you are deemed to have contributed to your accident, the amount of compensation you may be entitled to claim for slipping on a wet floor in a factory could be adversely affected, therefore you are best advised to speak with a personal injury lawyer to establish whether it is worth your while making a claim.