This guide provides information about how to claim if you suffered injuries as the result of a fall at work caused by negligence. We look at the Health and Safety At Work etc Act 1974 which sets out the duty of care that employers owe those who work for them.
Fall at work claims guide
We will also address the injuries that you could sustain as a result of this kind of accident, as well as the payments that could make up a compensation claim. Furthermore, we will look at the features of No Win No Fee agreements that could make them beneficial to claimants.
This informative guide offers advice on the personal injury claims process. If you would prefer to discuss your fall at work claim iwith someone directly we invite you to:
- Call our advisors for free, impartial advice on 0800 073 8802
- Enquire online to start a claim
- Use the live chat option opposite
Choose A Section
- How Do You Claim For A Fall At Work? – A Guide
- When Are You Eligible To Seek Compensation For A Fall At Work?
- What Evidence Could Help You Claim For Accident At Work Compensation?
- Compensation That Could Be Received From A Fall At Work?
- Why Seek Accident At Work Compensation On A No Win No Fee Basis?
- Learn More About How To Make A Work Injury Claim
How Do You Claim For A Fall At Work? – A Guide
In order to establish whether you have a valid case, you need to answer yes to the following questions:
- Did the employer have a legal duty of care to you at the time and the place of the incident?
- Did they breach that duty?
- Were you harmed as a direct result of this?
As we have already mentioned, the duty of care that employers owe those who work for them is set out in the Health and Safety at Work etc. Act 1974. This states that employers need to take reasonably practicable steps to ensure the safety of their employees. Some of the steps they are expected to take include providing training, carrying out risk assessments and maintaining equipment.
If you would like to know more about how a fall at work could occur, please read on. You can also contact our team for an assessment of your claim.
When Are You Eligible To Seek Compensation For A Fall At Work?
Below, we have included some examples of how negligence at work could cause a fall accident and how this could affect you:
- Your employer fails to provide you with the non-slip shoes you need to operate on scaffolding safely. As a result, you slip and fall from a raised platform and fall to the ground, suffering a broken ankle and fractured collarbone.
- A cleaning solution is used on a landing at the top of some stairs, but an unsuitable solution is used which means the surface is very slippery even when dry. As a result, you fall down the stairs and sustain a head injury and a broken nose.
- Part of your job involves working on ladders. You are given a ladder to use that has a faulty rung, which your employer had been made aware of but forgot to fix. As a result, you fall from a height and the drill you were holding falls on top of you, causing a laceration injury and a fractured rib.
This is not an exhaustive list of how an accident of this nature could happen because of negligence. If you have experienced injuries because of the duty of care you were owed being breached, but the circumstances of your accident aren’t reflected in the examples above, don’t worry; you could still be entitled to claim.
Speak with an advisor today for free legal advice on the process of claiming. An advisor can also assess whether your claim is valid.
What Evidence Could Help You Claim For Accident At Work Compensation?
Evidence is an important factor in making a claim. The proof you provide could add strength to your claim and allow you to be fully compensated for the way you’ve been affected by your injuries.
For example, you could provide:
- The contact details of any witnesses who are willing to provide a statement at a later date
- CCTV footage that shows the accident take place
- Photos of your injuries, if applicable
- A record from the accident book. An accident book must be available if more than 10 people are employed
- Receipts or bills that show a cost imposed upon you by the injuries.
It’s important to note that you may still have an eligible claim even without all of the pieces of evidence we list above, so please speak to our team for free help.
What Is The Time Limit For A Work Injury Claim?
Under the Limitation Act 1980, there is currently a three-year time limit for starting a personal injury claim. This timescale can start from either the date of the accident itself or from the date that you connected your injuries with a breach of duty of care.
In some cases, exceptions to this time limit can apply. Speak with a member of our team today to find out whether you’re still within the timeframe for starting a claim.
Compensation That Could Be Received From A Fall At Work
You could receive two heads of claim if you are awarded compensation for a fall at work. Firstly, general damages take into account the pain and suffering caused by your physical or psychological injuries. You might be asked to attend an independent medical assessment so that your injuries can be assessed.
The Judicial College Guidelines is a publication that solicitors use to help them value claims. Below is an excerpt of some of the guideline settlement brackets from this document:
| Area of Injury | Severity | Award Amount | Notes |
|---|---|---|---|
| Brain | (a) Very Severe | £282,010 to £403,990 | Constant care required. Little meaningful interaction with environment. |
| Back | (a) Severe (i) | £91,090 to £160,980 | Severe spinal cord and nerve damage causing incomplete paralysis |
| Pelvis | (a) Severe (i) | £78,400 to £130,930 | Extensive pelvis and lower back fractures that cause intolerable pain and require surgery |
| Neck | (a) Severe (ii) | £65,740 to £130,930 | Serious damage to cervical spine leaving serious disability. |
| Foot | (c) Very Severe | £83,960 to £109,650 | Injuries that create permanent and severe pain or disability that is really serious. |
| Knee | (a) Severe (i) | £69,730 to £96,210 | Disrupted joints and ligament damage that causes significant pain and requires lengthy treatment |
| Leg | (b)Severe- Very Serious (ii) | £54,830 to £87,890 | Injuries that leave permanent mobility issues, fractures that take years to heal leaving deformity and instability |
| Arm | (b) Injuries Resulting in Permanent and Substantial Disablement | £39,170 to £59,860 | Serious fractures to both arms leaving permanent residual cosmetic or functional disability |
| Ankle | (b) Severe | £31,310 to £50,060 | Injuries that require a prolonged period in plaster or the insertion of surgical pins |
| Toe | (d) Serious | £9,600 to £13,740 | Some ongoing disability in the form of discomfort or pain, for example. |
In addition to this, special damages may apply. This head of claim relates to the financial impact of the accident in which you were injured. For example, you may have suffered:
- A loss of earnings
- Domestic care costs
- Travel expenses to essential appointments
- Necessary adaptations to your home or car to cope with a condition
- Damage to personal items such as eyewear, mobile phone or clothing.
Evidence is useful to support this head of claim, and could include receipts, bank statements or invoices. As it is possible to only make a fall at work compensation claim once, it is essential for your claim to take into account all of the ways you’ve been impacted. Our team can help connect you with a personal injury lawyer to help you in this process, provided your claim is valid.
Why Seek Accident At Work Compensation On A No Win No Fee Basis?
Having a personal injury solicitor acting for you is not a legal requirement for making a claim but their expertise could help you get the maximum compensation. If you choose to work with a solicitor, we can help connect you with our solicitors who offer No Win No Fee contracts such as Conditional Fee Agreements (CFA’s). Funding options such as this can help in a number of ways.
Firstly, there are no fees typically required to hire a solicitor working in this way. As they take up the case, there are usually no fees required. An amount only needs to be deducted if your fall at work claim is successful.
This is a legally capped percentage taken from the payout as a success fee for their efforts on your behalf. Claims that are not successful require no success fee to be paid to your solicitors at all under a contract like this.
Want To Know If You Can Claim For An Accident At Work? – Contact Us For Free Today
Contact us for a free assessment of eligibility. In one phone call, our team could connect you with a No Win No Fee solicitor to take up your compensation claim after a fall at work left you injured. You can:
- Call our advisors on 0800 073 8802
- Enquire online
- Or also, you can use the live chat option opposite.
Learn More About How To Make A Work Injury Claim
In addition to this guide about a fall at work, the resources below from our website offer further reading on accident at work compensation claims:
- Read more on work-related claims
- Cycling accident claims guide
- In addition, advice on claiming for whiplash injuries
As well as this, the links below offer more help:
- Read the latest non-fatal workplace accident statistics
- How to prevent slips, trips and falls at work
- In conclusion, read more on a brief guide to safe working at heights.
Writer Jeff Wynch
Publisher Fern Scotts
