How To Make A Fall At Work Claim
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:
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- When Am I Able To Make A Fall At Work Claim?
- How To Make A Fall At Work Claim
- Examples Of How An Employee Could Have Fallen At Work
- How Much Compensation Will I Get For Falling Or Slipping At Work?
- Claim Fall At Work Compensation On A No Win No Fee Basis
- Learn More About Making A Claim For An Injury 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.
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.
Your fall at work claim will need to provide evidence that you meet the eligibility criteria. As such, you may benefit from gathering:
- A copy of the accident report from your workplace’s accident log book.
- CCTV footage of the incident.
- Photographs highlighting the accident scene and injuries suffered.
- Medical records, which you can request during or after treatment.
- Witness contact information.
Additionally, you may benefit from seeking legal representation. Our solicitors have experience handling accident at work claims and could assist in many ways, including helping you build your case and ensuring it’s put forward within the relevant limitation period.
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.
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.
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.
|Paralysis||£324,600 to £403,990||Upper and lower body paralysis, known as tetraplegia or quadriplegia.|
|Brain And Head - Moderately Severe||£219,070 to £282,010||A very serious disability leaving the person requiring constant care.|
|Back - Severe (i)||£91,090 to £160,980||Nerve root and spinal cord damage.|
|Neck - Severe (ii)||£65,740 to £130,930||This bracket often features serious fracture injuries or cervical spine disc damage.|
|Hand - Total Or Effective Loss Of One Hand||£96,160 to £109,650||Crushed hand injury leading to surgical amputation.|
|Chest - Traumatic Chest, Lung and Heart Injury||£65,740 to £100,670||Permanent damage and reduced life expectancy alongside impaired function and a physical disability.|
|Knee - Severe (i)||£69,730 to £96,210||Considerable pain and a loss of function are among the results of a serious injury to the knee.|
|Leg - Severe (ii)||£54,830 to £87,890||Very serious injuries resulting in permanent issues with mobility.|
|Arm - Permanent And Substantial Disability||£39,170 to £59,860||Serious fractures to one or both forearms with a significant and permanent residual disability.|
|Elbow - Less Severe||£15,650 to £32,010||Function impairment without any major surgery or significant disability.|
Claiming Special Damages After Falling At Work
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.
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:
- 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:
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.