A WORCESTER woman who tripped on a pavement and badly damaged her knee will not be given any compensation because the defect has not been deemed dangerous enough.

Worcestershire County Council has decided that, based on case law, the case does not require a compensation payment to Josephine Ashenden who tripped and fell in Carden Street on her way back to her car following a shopping trip.

The 59-year-old senior care assistant at the Lawns Nursing Home in Kemspey, near Worcester, said: “I still feel it’s not very safe to walk down there and while it could’ve been worse for me I’m still suffering.”

After the fall in September Mrs Ashenden took photos of her injuries and the area where she fell and sent them to the county council asking for a claim form.

Since then the injuries she sustained to her scarred knee have not improved and, while she can walk, certain movements are difficult.

As a result, her doctor has recommended she has an MRI scan to pinpoint the problem but she fears she will need an operation.

“I can’t afford to do that. If I need an operation I can’t afford to have time off work,” said Mrs Ashenden, of Tyne Close, Ronkswood.

To her deismay, the council’s solicitors have stated that neither compensation or remedial work are necessary because investigators have decided the defect measures about five millimetres – small enough to not warrant any action.

A spokesman said: “We are aware of this incident involving a non-dangerous defect.

“The council’s claim handlers have rejected this claim on this basis and advised Mrs Ashenden to seek advice from a solicitor.”

Mrs Ashenden said it was impossible to tell exactly where she fell over so she believes claims the area is not dangerous enough are not fair.

“It’s ridiculous,” she said. “If you saw how uneven and rough it is down there, it’s not level.

“They are just passing the buck.

“They’ve not marked it off or done anything about it.”

Mrs Ashenden said she is considering going to see a solicitor.