While you’re working, your employer has a legal duty of care to try to protect your wellbeing. That means they must do all they can to prevent accidents at work from happening. This might involve carrying out risk assessments regularly and removing any hazards that they spot. For example, to prevent you from falling down a flight of stairs, they may need to install anti-slip flooring or install handrails. If you fell down the stairs at work because your employer was negligent in some way, you could sue them for compensation for any injuries sustained.
We specialise in personal injury and accident at work claims. If you’ve fallen down the stairs at work and are thinking of suing your employer for compensation, we can help. Our advisors offer a no-obligation telephone consultation so that you can discuss your claim with a specialist. During the call, you’ll be given free legal advice and your options will be explained. Where there is a reasonable chance you’ll be compensated, your case will be passed to one of our personal injury solicitors. Importantly, they won’t ask you to pay them in advance if your case is accepted because you’ll benefit from their No Win No Fee service.
Please read on to learn more about when you could sue if you’ve fallen down some stairs at work. Alternatively, please call us on 0800 652 1345 if you’d like to discuss your options right away.
Can I sue my employer for my fall down the stairs at work?
As described above, employers have a duty of care towards staff safety while they are at work. This is a legal obligation derived from the Health and Safety at Work Act 1974. As such, if you have fallen down a flight of stairs in the workplace, you could be compensated if:
- Your employer has failed to uphold their duty of care i.e. they’ve been negligent.
- You fell down the stairs as a result of their negligence.
- You sustained injuries during the fall.
Proving all of these things is an important part of the claims process. Even if your employer is apologetic at the time of your accident, it’s important to realise your case won’t be handled by them. Instead, the claim will be processed by their insurance company. If you can’t convince them about the extent of your injuries or why your employer was responsible for them, you could lose out on being compensated.
We believe that being represented by a personal injury solicitor could not only improve your chances of winning the claim but could also mean you receive a higher level of compensation. Our solicitors specialise in personal injury claims and workplace accidents and know what proof could help to make your claim easier to win.
Injuries caused by falling down stairs
Any injury you sustain in a workplace accident could have an impact on your domestic, social, and working life. While some minor injuries won’t cause problems for too long, some can be much more serious and even life-changing.
Some of the more common injuries at work that are sustained after falling down the stairs include:
- Brain damage and head injuries including concussions.
- Spinal injuries including fractures of the coccyx bone.
- Fractured and broken bones.
- Compressed or slipped discs.
- Nerve injuries.
- Strains, sprains, and soft tissue injuries.
- Cuts and lacerations.
- Joint injuries.
Obviously, the nature of your injuries will be one of the main factors used to determine how much compensation you could sue your employer for. As such, we’ll look at what proof you could use to prove how you’ve suffered later on.
Steps an employer can take to prevent falls down flights of stairs
While your employer won’t be able to stand over you and check you’re safe all day while you’re working, they can take steps to reduce the chances of employees falling down flights of stairs at work. These measures could include:
- Installing stairs that are naturally less slippy such as wood or granite.
- Ensuring that handrails or bannisters are secured to the wall properly and at the correct height.
- Checking and maintaining carpets to prevent them from becoming trip hazards.
- Not storing stock and other items on the stairs that make them difficult to pass.
- Using warning signs or closing the stairs when they are being cleaned.
- Providing lifts or other facilities as alternative methods of carrying heavy items to the upper floors of the building.
If you’ve been injured after you fell down the stairs at work because these or other preventative steps were not taken, your employer could be deemed to have been negligent. In such cases, you might be entitled to sue for compensation for any injuries. Please get in touch to check whether you’ve got a valid chance of being compensated.
How much compensation could I be entitled to?
Any compensation that’s paid is aimed to help you deal with your injuries (general damages) and any costs you incur as a result of them (special damages). As such, you can’t just choose the amount of money you’d like to be paid for your fall down the stairs. Instead, you’ll need to justify every penny you request from your employer.
While each workplace accident claim is unique, yours could include elements to cover:
- The pain and any other suffering caused by your injuries. This could include psychological injuries (distress, depression etc) as well as your physical injuries.
- Any earnings that you’ve lost where your injuries prevented you from working.
- Care costs should you have needed support with daily tasks during your recovery.
- Medical expenses and costs related to physiotherapy.
- Travel expenses linked to hospital and other associated appointments.
- Costs incurred because you need to modify your home to help you deal with any long-term injuries.
- Future loss of income should your injuries affect your ability to earn in the future.
Each element should be considered carefully because you can only claim compensation once. If your claim is handled by one of our personal injury solicitors, they’ll take care to include everything to try and secure the highest amount of compensation possible.
Can I be fired if I sue my employer?
Legally, you cannot be treated any differently for making an honest compensation claim against your employer. That means you can’t be dismissed, demoted, stopped from applying for promotion, or singled out in any way if you decide to sue your employer for compensation.
If such action were to be taken, you could make a separate claim against your employer for constructive or unfair dismissal. For this reason, please don’t worry about claiming the compensation you could be entitled to for a fall down the stairs.
Providing proof you fell down the stairs at work and were injured
As mentioned earlier on, proof will be needed to help clearly show why you fell down the stairs at work, who was to blame and what injuries you sustained. This might include:
- CCTV footage. If your workplace uses security cameras to protect its premises, you are entitled to ask for a copy of any recordings of yourself. You will probably need to act quickly to secure footage as it can be deleted quite quickly.
- Witness details. You should also provide your solicitor with the contact details of anybody else who was present when you fell down the stairs at work, with their permission. Their statement could be helpful if liability for the incident is contested.
- Medical evidence. If you were treated at a hospital or by a doctor following your accident, medical records could be obtained to prove what injuries you sustained. They will also explain what treatment was recommended too.
- Accident reports. Legally, your employer will need to have an accident report book to record any known incidents. You are entitled to a copy of the report and it could be used to confirm when and where your accident took place.
- Photographic proof. You should try to take pictures of the cause of your accident before it’s repaired or removed. This might include photographs of trip hazards, damaged handrails or uneven surfaces. You should also take pictures of any visible injuries during your recovery for reference.
As well as supplying the proof above, you could also keep a diary following the accident. This could help you to explain any costs you’ve incurred. Furthermore, you could keep track of the dates you missed out on social events or couldn’t work because of your injuries.
If you call our team on 0800 652 1345 for a free case review, any evidence you supply will be considered. If you have enough to sue your employer, we’ll connect you with one of our solicitors. Otherwise, free advice might be given on what else you’ll need.
Medical assessments for falls down stairs in the workplace
Any form of a personal injury claim will typically require an independent medical assessment of your injuries. This is not something to be concerned about, however. Your solicitor will usually try to book an appointment for you with a local medical specialist.
During the appointment, the current state of your injuries will be examined. Also, the specialist will discuss what impact your injuries have had on you. Once they’ve finished, they’ll write a report for all parties involved in the fall down stairs claim to explain what injuries you sustained and what the prognosis for the future is.
How long do I have to claim compensation against my employer?
All workplace injury claims have a 3-year limitation period. That means you’ll have 3-years to begin your claim from the date you fell down the stairs. Although that is quite a long time, we would suggest that you don’t wait too long. If you make an early start to the claim, you’ll find it much easier to remember what happened and you’ll have plenty of time to collect supporting evidence.
Another good reason to begin your claim early is that it may mean your employer will make an interim payment to cover the cost of private medical care if it will help you to recover sooner. This may be possible if liability has already been agreed upon but the value of the claim has not been settled. Interim payments in personal injury claims are explained in more detail on this page.
In our experience, very few claims of this nature end up in court as an amicable agreement can usually be reached.
No Win No Fee compensation claims
If you fell down the stairs at work and want to sue your employer, we believe your chances of being compensated will increase if you use one of our personal injury solicitors. To help ease the stress involved with claiming, they’ll offer a No Win No Fee service if your claim is accepted. That means there’s nothing to pay your solicitor unless you are awarded compensation.
To start working without being paid upfront, your solicitor will ask you to sign a Conditional Fee Agreement (CFA). This will explain what work will be carried out and when you’ll need to pay for it.
Essentially, the only time you’ll pay your solicitor’s ‘success fee’ is if you are awarded compensation. When that happens, an agreed percentage of the settlement amount will be deducted to help towards your solicitor’s costs. Legally, you cannot be asked to pay more than 25% of your compensation when using a CFA to fund the case.
Would you like to see if you could claim on a No Win No Fee basis? If so, please call today.
Start a claim against your employer today
If you’re ready to start a claim against your employer, the easiest way to begin today is to call us on 0800 652 1345. When you get in touch, an advisor will guide you through the claims process and explain your options after reviewing your case for free.
Should your claim be taken on by one of our solicitors, they’ll try to secure compensation for you on a No Win No Fee basis.
If you have any more questions about claiming compensation after you fell down the stairs at work, but aren’t ready to call, you can use live chat to reach out to us or request a free consultation here.