Fall From Height Claims Specialists
Learn about fall from height claims and how we could help you.
£85 million in compensation
Fall From Height Claims Specialists
Learn about fall from height claims and how we could help you.
How To Make Fall From Height Claims
Have you fallen from a height whilst at work? Was this perhaps due to a lack of personal protective equipment (PPE) being provided or no risk assessments being carried out? If so, learn who could make fall from height claims in this guide.
Working at a height can be dangerous, specifically if employers fail to adhere to workplace safety laws. Such scenarios may have significant ramifications for the health and financial state of employees, which is why they may claim compensation for their suffering.
This guide will explain how you may start an accident at work claim if you are an employee who sustained injuries after falling from a height. In doing so, it will elaborate on how such claims arise and the different types of compensation our solicitors could help you claim.
You can contact our advisors anytime to learn more about fall from height claims or start yours today by:
- Visiting our ‘contact us’ page
- Calling them on 0151 375 9916
A Fall From A Height At Work Has Left Me Injured, Can I Claim?
If you were injured after falling from a height at work, you may be entitled to compensation. However, you must meet the following eligibility criteria to claim it.
- Your employer must have owed you a duty of care.
- Your employer breached their duty of care.
- This must have resulted in your fall and injuries.
All employers owe their employees a duty of care. As such, they are legally required to adhere to the provisions of the Health and Safety at Work etc. Act 1974. In doing so, they must take steps that are reasonable and practicable to ensure their employees remain safe at work.
If your employer breached their duty of care, resulting in you falling from a height and sustaining injuries, you may be eligible to start an accident at work claim.
Can I Make A Claim Even If I Work In A High Risk Industry?
If you work in a high-risk industry, you are still owed a duty of care by your employer. So, if they were responsible for you becoming injured after falling from a height, you still may be eligible to claim.
Working in a high-risk environment with heights may jeopardise your health and safety. Therefore, employers have a more specific duty of care and must adhere to the Work at Height Regulations 2005.
In doing so, employers must ensure the work is correctly planned and supervised and complete risk assessments. They must also ensure that the correct equipment for working at a height is being used, such as a harness, scaffolding and PPE.
If your employer failed to adhere to workplace health and safety law, resulting in your injuries, you may be eligible to claim.
What If The Accident Was Partially My Fault?
If you were partly responsible for your injuries at work, you may be eligible to start a split liability claim or a contributory negligence claim.
In a split liability claim, both you and your employer will admit some degree of responsibility for the accident, and your compensation will be calculated from this. For example, if your employer was 75% liable, and you were 25% liable, you would be awarded 75% of the total compensation had you not been liable at all.
In contributory negligence claims, you and your employer would admit some degree of responsibility for your injuries, and your compensation will be calculated accordingly.
Fatal Fall From Height Claims
If your loved one passed away from a fall from a height at work, you may be eligible to start a fatal accident compensation claim on their behalf.
Within the first 6 months of their death, only the deceased’s estate can bring a claim forward under the Law Reform (Miscellaneous Provisions) Act 1934. This can be a claim for the deceased’s pain and suffering due to their fatal injuries, as well as a claim on behalf of the dependents.
However, if the estate does not make a claim on their behalf after 6 months have passed, the deceased’s dependents may start a claim under the Fatal Accidents Act 1976 for how the death has emotionally and financially impacted them.
To find out if you are eligible to claim compensation, please do not hesitate to contact our helpful advisors.
How Much Compensation Can I Get For A Fall From A Height Claim?
If you have fallen from a height at work, the amount of personal injury compensation you may be awarded is determined by the injuries you sustained and the financial losses your injuries caused you to incur. This process is completed under two heads of claim, general damages and special damages.
General damages compensate you for the physical and psychological injuries you sustained.
A professional team will calculate this head of loss using a report made by an independent medical assessor and compensation guidelines within the Judicial College Guidelines (JCG).
The JCG lists injuries alongside suggestive compensation brackets. The table below provides some of the entries within the JCG for injuries that may be sustained after falling from a height at work. However, such figures are not guaranteed, and the top figure was not taken from the JCG.
Injuries Compensation Explanation
Multiple Serious Injuries and Significant Financial Losses Up to £500,000 plus The injured person sustained multiple injuries that are all severe and incurred significant financial losses, such as medical expenses.
Tetraplegia (Quadriplegia) £396,140 to £493,000 An award in the mid-range of the bracket if for those not in physical pain but have awareness of their disability, a life expectancy of 25 years plus, and have retained the power of their speech and senses. The higher-end bracket is for those with physical pain and the inability to communicate.
Very Severe Brain Damage £344,150 to £493,000 Factors considered with this award include the injured person’s life expectancy, physical limitations, whether they need a gastrostomy bag, sensory impairment, their ability to communicate and behavioural problems.
Moderate Brain Damage (i) £183,190 to £267,340 The injured person has moderate to severe intellectual deficit, change in personality, impacted senses and no prospect of employment.
Severe Back Injuries (i) £111,150 to £196,450 Damage to the spinal cord and nerve roots causing a combination of serious consequences. Severe pain and disability with incomplete paralysis.
Severe Neck Injuries (i) In the region of £181,020 Injuries to the neck that are associated with incomplete paraplegia. The injured person is required to wear a collar and has little to no movement in their neck.
Arm Injuries Causing Permanent and Substantial Disablement £47,810 to £73,050 Fractures to one or both forearms and significant residual disability that is functional or cosmetic.
Severe Leg Injuries (iii) Serious £47,840 to £66,920 Serious compound fractures or injuries to joints or ligaments causing instability. The injured person may also have a non-weight-bearing leg and prolonged treatment.
Severe Shoulder Injuries £23,430 to £58,610 Associated with neck injuries and damage to the brachial plexus, causing disability.
Moderate Foot Injuries £16,770 to £30,500 Metatarsal fractures causing permanent deformity. The injured person may need future surgery.
What If I Have Been Left Unable To Work?
If your injuries have left you unable to work, you may also receive compensation for the loss of earnings you have experienced, alongside any other financial losses you incurred. This will be compensated under special damages.
Some examples of financial losses you may claim compensation for include:
- Missed wages for your time off work while recovering from your injuries
- Future wages if you are no longer able to work due to your injuries
- Missed work benefits, including holiday entitlement and pension contributions
- Medical bills, if you needed to pay for specialist treatment
- Travel costs if you paid to get to and from appointments
- Special equipment costs, such as walking aids
- Specialist care costs if you need to pay for carers
When claiming special damages, you must obtain evidence of your financial losses, such as payslips, bank statements, bills and receipts.
Interim Payments
Following your accident, you may be required to pay immediate costs, such as for medical treatments. However, if you do not have the funds to do so, you may make a request for an interim payment.
An interim payment is a sum of your compensation that is given to you before your claim has concluded. As such, they are typically awarded if there is a high chance that your claim will be successful or if the defendant has already admitted liability.
If you are given an interim payment, its figure will be deducted from your compensation payout at the end of the claim.
For more information on how much compensation you may be entitled to, please contact our helpful advisors.
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Will I Be Claiming Against My Employer?
If you want to start a fall from a height at work claim, this will be made against your employer if they were responsible for your injuries. However, if you are awarded compensation, this will be taken from their insurance.
All employers are required to obtain employers’ liability insurance. This helps them pay their employees’ compensation if they make a claim against them, and the policy must cover them for at least £5 million.
If you have any questions about claiming against your employer or about fall from height claims, please contact our helpful advisors.
What Are Fall From Height Claims?
Fall from height claims are a way of claiming compensation for injuries caused by falling from a height. They are most typically made against employers who breached their duty of care, causing employees to sustain injuries in the workplace.
The following sections provide some examples of common accidents that typically give rise to such claims.
Falling From A Ladder
Under the Provision and Use of Work Equipment Regulations 1998, employers have a duty of care to make sure that equipment, such as ladders, is in a safe and secure condition and is appropriate for the task at hand. If they fail to do so, resulting in an employee’s injuries, they may claim compensation.
For example, an employee may give a roofer a ladder. However, they failed to complete a safety check on it and did not notice it was not secure. If the employee fell from the top of the ladder, sustaining a neck injury, they may be entitled to claim.
Warehouse Accidents
Warehouses may have many safety risks if employers do not follow the correct safety measures. If this led to you falling from a height and sustaining injuries, you may claim against your employer.
For example, you may be using a cherry picker to reach materials in a warehouse. However, your employer did not complete a safety check and failed to notice that the gate on it was broken. If you took a step backwards and fell through the gate, you may fall from a height, causing your head injury. Therefore, you may claim compensation as your employer breached their duty of care.
Fall From Scaffolding
Scaffolding can be a dangerous field of work if employers fail to adhere to workplace protection laws. Therefore, if your employer was responsible for you falling from a height, you may claim compensation.
For example, you may be required to work on high scaffolding. However, your employer failed to provide a harness for your safety. If you lost your balance and fell with no safety protection, causing a broken leg injury, you may make a claim against your employer.
If you fell from a height at work, causing your injuries, contact our helpful advisors, as you may be eligible to claim compensation.
Occupations At Highest Risk Of Falling From A Height
According to statistics made by employers under the Reporting of Injuries, Diseases, Dangerous Occurrences Regulations 2013 (RIDDOR) to the Health and Safety Executive (HSE) regarding non-fatal employee injuries, the industries that suffered the most fall from height accidents were:
- Construction – 807
- Transportation & storage – 767
- Manufacturing – 731
- Wholesale & retail – 530
- Human health and social work – 438
Regardless of your occupation, if your employer was responsible for you falling from a height and sustaining injuries, you may be entitled to compensation. Contact our advisors today to discuss your case.
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How To Make Claim After A Fall From A Height
The following sections will explain how to make a compensation claim after falling from a height. In doing so, it will explain the claims time limit and the types of evidence that may support your claim.
How Long Do I Have To Claim?
If you have fallen from a height at work, you typically have 3 years to claim compensation from the date you sustained your injuries.
This generally applies to all personal injury claims under the Limitation Act 1980. However, there are some exceptions so that everyone has an equal opportunity to claim.
For example, the claims time limit may be indefinitely paused if the claimant lacks mental capacity. This is because the claimant may not have the ability to start a claim independently due to being in a coma or suffering brain damage, for example. However, if they regain mental capacity, the 3-year time limit will commence from this date.
Additionally, the time limit is paused for those under the age of 18, as minors cannot make their own claim. The time limit will commence from their 18th birthday.
If the limitation period on a claim is paused, a litigation friend may start a claim on behalf of the injured person. Our advisors can explain this in more detail and whether it may be relevant to your claim.
What Evidence Do I Need To Prove My Fall?
For a successful fall at work claim, you must obtain evidence to prove how your employer was responsible for your injuries. Some examples of evidence that will support your claim include:
- Copies of your medical records to show what injuries you sustained
- Copies of any test results and prescriptions
- Photographs of your injuries and the accident scene
- Copies of CCTV footage showing your fall at work
- A copy of the accident report book in which your injuries were recorded
- Copies of information regarding PPE and safety training
- Copies of health and safety reports regarding your place of work
- The contact details of anyone who witnessed your fall
Proving third-party liability is one of the most important stages of the claims process. The more evidence you collect, the more likely our solicitors are to prove how your employer breached their duty of care, causing your injuries. If you are struggling to find evidence, our solicitors may help you obtain it.
If you have any questions regarding how to start a compensation claim after falling from a height at work, please contact our advisors.
No Win No Fee Fall From Height Claims
If you meet the fall from height claims eligibility criteria, you may start it on a No Win No Fee basis through a Conditional Fee Agreement (CFA) with one of our solicitors. This means that you may seek legal representation from one of our solicitors without paying any upfront or ongoing costs for their work.
You will pay your solicitor a success fee if your claim is successful. They will take this as a small and legally capped percentage of your compensation. If your claim is not successful, you will not need to pay them for their work.
It may benefit you to start a claim with our solicitors as they have undergone extensive training and gained many years of combined experience in accident at work claims.
Contact JF Law
If you have any questions regarding the content of this guide or you would like to start a fall from height claim today, please contact our helpful advisors by:
- Visiting our ‘contact us’ page
- Calling them on 0151 375 9916
Learn More
If you would like to learn more about accident at work claims or what you should do if you have fallen from a height, please read the following guides.
- Learn what to do after an accident at work
- Learn how long after an accident at work you can claim
- Learn about how many personal injury claims go to court
References:
- Find your nearest urgent care facility, NHS.UK
- Find out if you can claim statutory sick pay, GOV.UK
- Find out if you are entitled to disability benefits, GOV.UK
Thank you for reading this guide on fall from height claims.
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