Have you been injured in a trip and fall at work? If you can show that you were harmed as a direct result of negligence, then you could be entitled to claim compensation.
Trip and fall at work claims guide
In this guide, we will look at what an employer’s duty of care is and how a breach of this duty could cause you to be injured. Furthermore, we will look at the key aspects of the claims process and how compensation payouts are valued.
Towards the end of the guide, we look at No Win No Fee agreements and how they can be beneficial to you if you’re claiming with a solicitor. If you would like to speak to a member of our team now, we invite you to:
- Call for free on 0800 073 8802
- Enquire online
- Ask us questions through the live support option below.
Choose A Section
- When Are You Eligible To Claim For A Trip And Fall At Work?
- How Do You Prove A Claim For A Trip And Fall At Work?
- What Compensation For A Trip At Work Could You Receive?
- Is There A Time Limit To Make A Fall At Work Claim?
- Why Make A Work Injury Claim On A No Win No Fee Basis?
- Learn More About How To Make A Fall At Work Claim
When Are You Eligible To Claim For A Trip And Fall At Work?
To be eligible to make a trip and fall at work claim for compensation, there are three important criteria. Firstly, you must be able to prove that your employer had a duty of care towards you; the duty of care an employer owes someone who works for them is automatic and is set out in the Health and Safety At Work etc Act 1974 (HASAWA).
You also need to show that a breach of this duty occurred, directly resulting in the accident in which you sustained a work-related injury. You cannot claim if you were involved in an accident that didn’t cause you any injuries, for example.
Your employer’s duty of care means that they need to take reasonable and practicable steps to prevent their employees from being injured. For example, they should:
- Provide required personal protective equipment
- Maintaining good housekeeping
- Training employees to carry out their role safely
If you would like guidance on claiming after a trip and fall at work, speak with a member of our team today.
How Do You Prove A Claim For A Trip And Fall At Work?
There are certain pieces of evidence that could help strengthen a claim for compensation after a trip and fall at work. For example, you could:
- Report the incident in the workplace accident book
- Obtain medical evidence about your injuries such as a GP report or X-rays
- Collect CCTV footage
- Ask witnesses to provide their contact details for statements to be given at a later date
- Take photos of the area and your injuries
- Keep a diary of events and health issues
In addition to this, you might wish to consider connecting with a personal injury solicitor whose experience and guidance could benefit you. Call our team for help with this.
What Compensation For A Trip At Work Could You Receive?
General damages is the head of claim that is related to the pain, suffering and loss of amenity that your injuries have resulted in. They are calculated with the help of a document called the Judicial College Guidelines, an excerpt of which we include below.
| Area of Injury | Severity | Award Amount | Notes |
|---|---|---|---|
| Head | (b) Moderately Severe | £219,070 to £282,010 | A serious disability that requires constant professional care and dependence on others |
| Head | (c) Moderate (iii) | £43,060 to £90,720 | Cases that impact memory and concentration and reduce the person's ability to work |
| Back | (a) Severe (iii) | £38,780 to £69,730 | Soft tissue injuries, disc lesions and fractures that lead to chronic conditions |
| Back | (b) Moderate (ii) | £12,510 to £27,760 | Soft tissue injuries and disturbed ligaments that cause aching in the back |
| Pelvis | (a) Severe (i) | £78,400 to £130,930 | Injuries including extensive fractures that dislocate the lower back joint or rupture the bladder causing intolerable pain and requiring surgery |
| Pelvis | (b) Moderate (i) | £26,590 to £39,170 | A significant injury to the hip or pelvis but any permanent injury is not major and future risk not great |
| Knee | (a) Severe (i) | £69,730 to £96,210 | Severe disruption to the knee joint with gross ligament damage causing considerable pain, loss of function and requiring lengthy treatment |
| Knee | (b) Moderate (i) | £14,840 to £26,190 | Torn cartilage and dislocation that causes minor instability, weakness or other mild future disability |
| Ankle | (b) Severe | £31,310 to £50,060 | Injuries that necessitate a prolonged period in plaster and/or steel pins. Significant residual disability |
| Ankle | (d) Modest Injuries | Up to £13,740 | Minor and undisplaced fractures, sprains and ligament issues. The award is determined by whether the recovery is complete |
A slip and fall injury solicitor can arrange a medical assessment, the results of which could be used to more accurately assess the value of your case. A solicitor from our panel might be able to arrange this in your area.
Could You Receive Special Damages Compensation After A Workplace Accident?
You could also receive special damages. After a trip and fall or slip and fall at work, the injuries can impact your life in a number of ways. Special damages aim to reimburse you for the financial impact of your injuries. This head of claim can take into account:
- A loss of earnings, both past and future
- Domestic care costs from families, friends or professionals who needed to help you
- Essential adaptations to your car or home to cope with a disability
- Medical treatments, such as physiotherapy and scar treatments, that you have had to pay for
A personal injury claim can only be made once so it’s essential to include everything. A solicitor can help you collect the necessary evidence to calculate compensation more accurately and ensure you put forward your claim properly.
Is There A Time Limit To Make A Fall At Work Claim?
There is a three-year time limit under the Limitation Act 1980 in which you should begin a claim to prevent it from being statute-barred. However, exceptions can apply to this in some circumstances. For example:
- If the injured person has lost the mental capacity to pursue a claim, the time limit is suspended unless they become able of making their own claim.
- If the injured person is a minor, the time limit is suspended until they come of age. At that point, if a claim hasn’t been made for them they have 3 years in which to make their own.
Both groups can elect a litigation friend to act on their behalf to start a claim while they’re unable to do so. This should be someone who can act in the interests of the claimant.
Speak to our team for more guidance on eligibility and the steps you can take to begin a claim.
Why Make A Work Injury Claim On A No Win No Fee Basis?
Our team of advisors can offer a free consultation to assess the strength of your trip and fall at work claim. We could then connect you with a personal injury solicitor offering No Win No Fee agreements, in particular a Conditional Fee Agreement (CFA).
Agreements like this do not typically require any amount to be paid upfront to hire solicitors and no fees are needed as the case progresses forward. If the claim is a success when working with a No Win No Fee lawyer, a legally-capped percentage of the settlement will be deducted. Claims that fail won’t incur this success fee.
Want To See If You Could Receive Accident At Work Compensation? Contact Us For Free
Please contact our team for more guidance after a trip and fall at work. We could help connect you with a personal injury solicitor to assist with your claim:
- Call for free on 0800 073 8802
- Enquire online
- Ask us anything through the live support option below.
Learn More About How To Make A Fall At Work Claim
As well as details on claims after a trip and fall at work, the resources from our website below offer further reading:
In addition to this:
- Read more about the latest non-fatal accident at work statistics
- Also, how to prevent slips and trips at work
- In conclusion, read more about the Health and Safety Executive (HSE).
Writer Jeff Wayne
Publisher Fern Scotts
