Make A Claim For A Fall At Work
If you’ve suffered an injury in a fall at work, we can help you claim compensation
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Have you been injured in a workplace fall? If this happened because your employer breached the duty of care they owed you, you could have grounds to make a fall at work claim.
This guide will explain when and how a personal injury claim can be made, as well as the evidence you could collect to support your case.
Additionally, we discuss the legislation that sets out the duty an employer has to keep their employees safe and provided examples of accidents at work that could lead to a fall if this duty isn’t upheld.
Furthermore, we look at how a personal injury compensation settlement may be calculated and what it could include following a successful claim.
Finally, the guide notes how your valid claim for an injury at work could be represented by of our No Win No Fee solicitors.
You can talk about your potential claim with an advisor by using the following contact details:
- Call 0151 375 9916.
- Contact us on our website.
- Send a message on live chat below.
The Eligibility Criteria To Claim Compensation For A Fall At Work
Workplace accidents are not uncommon. Employers reported 61,713 non-fatal injuries in 2021/22 under the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 to the Health and Safety Executive (HSE). Of those, the most common accident kinds included falls from a height which accounted for 8% of non-fatal injuries. However, not all accidents in the workplace provide valid grounds for a compensation claim against an employer.
A personal injury claim for an accident at work must show that:
- The employer owed a duty of care at the time and place of the accident.
- They breached their duty of care.
- This led to an accident, which brought about physical and/or mental harm.
Employers’ duty of care is imposed by the Health and Safety at Work etc. Act 1974. Section 2 of the Act implores employers to take reasonably practicable steps to keep employees safe.
Accidents at work may not always be preventable, but employers should take measures that mitigate the risk of injury as much as possible. Some steps they could take to uphold their duty of care include:
- Providing personal protective equipment (PPE) when necessary.
- Maintaining equipment.
- Conducting regular risk assessments.
If you had a fall at work because your employer failed to uphold their duty of care, get in touch today and our advisors can provide a free assessment of your potential claim.
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What Injuries Can You Claim For?
A slip, trip and fall at work can lead to a wide-range of injuries, some of them minor, some of them life-changing. Here’s an overview:
- You could claim for ankle injuries caused by slipping and falling. This could range from strains and sprains to fractured ankles.
- Many people land on their shoulders when they fall at work, and it’s possible to claim for the damage caused.
- A common injury at work resulting from a fall that we encounter is back injuries. They can involve slipped discs, strains and sprains, or fractured vertebrae leading to spinal cord damage.
- Knee injuries are also common when it comes to falls at work. Many people hit their knees as they fall, which can lead to ligament damage and kneecap fractures.
This is by no means an exhaustive list. It just represents a handful of the most common injuries we encounter when helping people claim compensation for a fall at work.
Do I Need Evidence For My Claim?
If you decide to make a fall at work claim, evidence is crucial to getting a positive result. Some pieces of evidence you can obtain and provide to your accident at work solicitor. Other pieces of evidence will need to be obtained by your solicitor.
The best evidence that you can obtain yourself include:
- A copy of the accident report from your workplace’s accident log book.
- CCTV footage of the incident if your employer is willing to share it with you.
- Photographs highlighting the accident scene and injuries suffered.
- Medical records, which you can request during or after treatment, or medical notes or letters provided to you when you leave hospital. However, your solicitor can also request these on your behalf.
- Witness contact information.
Evidence that your solicitor can help you obtain includes:
- A medical report. This is a formal document obtained to help support your case. An independent medical expert will assess your injuries and identify the cause and any long-term impacts. This can then be used to both prove your case and value your injuries.
- Witness statements. While you’re able to speak with witnesses and get their details, your solicitor needs to take the statement from them directly.
If you have any questions about evidence and how you can obtain it, please don’t hesitate to get in touch. We’re more than happy to provide free advice.
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We pride ourselves on providing the best service possible for our clients.
Do I Have To Begin A Fall At Work Claim Within A Certain Time Limit?
The Limitation Act 1980 sets out a general three-year time limit for personal injury claims. This can start from the accident date, however exceptions can apply to some cases.
You can learn more about how to make a fall at work claim, including the evidence you could collect and how long you have to initiate legal proceedings, by calling an advisor on the number above.
Examples Of Falls At Work That You Could Claim For
There are several ways a fall at work could occur leading to injury. For example:
- An employer instructs an employee to use a faulty ladder when working from a height. The employee using the ladder falls, breaking both legs upon landing.
- An employee suffers a broken arm and neck after falling down the stairs due to a broken handrail that came out of the wall.
- No risk assessment is carried out to mitigate the risks involved with working from a height on scaffolding. One employee loses their footing and falls to the floor due to a lack of guardrail. They suffer a major spinal injury and are paralysed.
- Employees are not given PPE when working on a construction site, such as a hard hat. As a result, an employee is struck in the head by falling debris and suffers a severe head injury leading to brain damage.
If you want to discuss your specific case and find out whether you’re eligible to pursue personal injury compensation, our advisors can talk you through your options.
How Much Compensation Will I Get For A Slip, Trip Or Fall At Work?
Following a successful claim for a fall at work, you could be awarded a compensation payout comprising up to two heads of loss.
The first of these heads is general damages, which compensates for the mental and physical pain and suffering you have gone through because of your injuries.
Legal professionals can use both medical evidence and the Judicial College Guidelines (JCG) to help them calculate the value of your injuries. The JCG is a document consisting of guideline compensation brackets that correspond to injuries of different types and severities. You can find a selection of these figures in the following table. Please use this as a guide only.
Can I Claim Back Money I Lost Due To Being Injured?
If you’re awarded general damages, you could also receive a settlement comprising special damages. This second head of claim considers the financial impact of your injuries. As such, you could claim back reimbursement of the following past or future losses incurred as a result of your injuries:
- Care costs.
- Travel costs such as bus travel to appointments.
- Home adaptation fees.
- Prescription charges.
- A loss of earnings if you miss work due to injury.
Proof is necessary here as well. Payslips or invoices can show lost earnings, while you should retain receipts or bills to highlight other payments.
Call our team to find out more about the compensation you could be awarded following a successful fall at work claim.
Claim Fall At Work Compensation On A No Win No Fee Basis With JF Law
If you have legitimate grounds to seek compensation, one of our solicitors could take your fall at work claim on a No Win No Fee basis.
They could offer you a Conditional Fee Agreement, which usually means you do not have to pay for your solicitor’s services:
- Upfront;
- During the course of your claim;
- If the case loses.
A solicitor will take a success fee if they help you win your case. Their payment would be a percentage of the compensation. The Conditional Fee Agreements Order 2013 caps this percentage.
You can talk to our advisors today about your potential claim, or at any time you choose. An advisor will talk you through any of the topics discussed here, the details of your experience and your options going forward. After an assessment, you could find you have a valid claim that can be referred to one of our solicitors.
What’s more, all of this is free. To start talking to us today, either:
- Call 0151 375 9916.
- Head online to contact us.
- Open the live chat tab at the foot of the page.
Learn More About Making A Claim For An Injury
These other guides could also be of interest to you:
- A guide discussing accidents in public places and when you could be eligible to seek compensation.
- Read about medical negligence claims including what compensation could be awarded in successful cases.
- Find out whether you could be eligible to make criminal injury claim.
For more external resources:
- NHS – Information on first aid.
- GOV.UK – Guidance on Statutory Sick Pay.
- HSE – Guidance on working at height.
We hope this guide has helped you understand how to make a fall at work claim. Please do not hesitate to call us if you require any other information.
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