If you fall from height at work, unfortunately, the chances are you’ll suffer more than minor injuries. Falls from scaffolding, ladders or ledges can be painful and extremely frightening. Importantly, if you fall from height at work because of your employer’s negligence, you might be entitled to compensation. This could include damages to cover both physical and mental suffering.
In this article on claiming compensation for fall from height injuries, we’ll explain when you could be paid compensation and how a personal injury solicitor could help you to do so.
We can help should you be considering claiming compensation following a fall from a height. When you call, an advisor will review your case and offer free legal advice. If they believe your claim will be successful, they’ll partner you with one of our solicitors. To make the claims process less stressful, your solicitor will work on a No Win, No Fee basis if they agree to represent you. That means no upfront solicitors fees and there will be nothing to pay if your claim fails.
If you’d like to discuss making a fall from height claim, call us on 0800 652 1345. Alternatively, keep reading to learn more about the claims process.
Am I Entitled to Compensation for a Fall from Height?
All employers have to try and keep you as safe as possible when you’re working at height. This is their duty of care which is established by the Health and Safety at Work Act 1974. As a result of this duty, steps must be taken to try and identify potential risks and remove as many as possible.
As such, you could be compensated if you fell from a height at work if:
- Your employer’s negligence meant they breached their duty of care; and
- You fell from height as a result; and
- You suffered injuries as a direct result of the fall.
If you’ve been injured following a fall from a height because your employer was negligent, we could help you to claim compensation.
Common Examples of Fall from Height Claims
Let’s take a look at a few examples of accidents when a fall from height injury claim might be possible. They include:
- Falls from scaffolding: Workers on construction sites are particularly vulnerable to falls if scaffolding is poorly constructed, lacks safety rails, or is not inspected regularly. Falls from height due to unsafe scaffolding can cause severe or life-changing injuries.
- Roofing accidents: Roofers and maintenance workers are at risk of falling if safety harnesses aren’t provided or secured correctly. Falls from roofs often result in serious head, spinal, or multiple injuries.
- Falls from ladders: Ladders should be stable, properly secured, and fit for purpose. If a worker falls because a ladder was defective, overloaded, or placed on an uneven surface, the employer may be held responsible.
- Falls from mezzanine floors: Many warehouses, factories, and retail environments use mezzanine levels for storage or workspaces. If guardrails are missing or defective, workers or visitors could fall from height, leading to significant injuries.
- Accidents involving unprotected edges: Open stairwells, building sites, and industrial settings often have areas with unprotected edges. If fall prevention measures such as barriers or harnesses aren’t in place, accidents can happen.
- Falls from mobile elevated work platforms (MEWPs): Machines such as cherry pickers and scissor lifts must be used correctly and securely. If they are not properly maintained, or if workers are not given adequate training, falls can occur.
These are just a few examples of the types of negligence that can lead to a claim. If there’s not a scenario similar to yours, why not call to check whether you have a valid claim?
What Types of Fall from Height Injuries Can I Claim For?
There is no doubt that falling from a height is likely to cause injuries. If you’re “fortunate”, you might make a full recovery in a matter of weeks. However, some injuries can be life-changing and even fatal. Some of the most common injuries caused by a fall from height include:
- Broken bones.
- Head injuries and brain damage.
- Back injuries.
- Internal organ damage.
- Puncture wounds.
- Concussion.
- Psychological trauma.
What Evidence Do I Need for a Fall from Height Injury Claim?
Your injury claim will most likely be passed from your employer to an insurance company. As such, you will need to show them why your employer’s negligence led to your accident and how severe your injuries are. To do this, you should try to collect as much proof as possible. Examples of what you could use include:
- CCTV footage: If your accident was recorded by a video camera, you should request a copy as soon as possible. You’re entitled to ask for footage but it could be deleted within a month so act quickly.
- Witness details: To help establish the facts, your solicitor might ask any witnesses for a statement to explain what they saw. Ask to collect their contact details and send them to your solicitor.
- Accident reports: Legally, your employer must write a report about any accident that happens on their premises. You should receive a copy so it’s a good idea to keep it safe as it could be used to prove the date and time that your accident occurred.
- Medical evidence: If you went to A&E in an ambulance or made your own way there, medical notes will have been taken regarding your injuries. You are allowed to ask for a copy. They could be used to try and prove the extent of your injuries.
- Photos: Following any type of fall from height, it’s a good idea to take pictures of the accident scene. Where possible, this should be done as soon as possible before anything is moved or repaired.
As part of your free consultation, we’ll look through any evidence you’ve got and let you know if anything else might be needed. Why not call today to start the ball rolling?
What Is the Time Limit to Make a Fall from Height Claim?
In the UK, the time limit to make a fall from height compensation claim is generally 3 years. This period begins either from the date of the fall or from when you became aware that your fall injuries were linked to the accident (known as the “date of knowledge”). This is set under the Limitation Act 1980.
Crucially, in cases where the person lacks the mental capacity to make a claim themselves, for instance, because of a traumatic brain injury, the 3-year limitation period does not apply unless they regain capacity. In such cases, a litigation friend can handle the claim on their behalf.
Although you have 3 years to claim, starting as soon as possible is advisable. This allows more time to gather evidence, arrange medical assessments, and build a strong case to support your claim.
How Much Compensation for a Fall from Height Can I Claim?
As demonstrated, a lot of suffering can be caused after a fall from height and you’re well within your rights to claim compensation if your employer was responsible for your accident. However, we should point out that compensation isn’t a penalty or fine. It is designed to help you recover and deal with your fall from height injuries as much as possible.
Crucially, any financial impact could be considered in your claim too. Each personal injury claim is unique but you could claim for:
- The pain and suffering you had to endure.
- Any impact on your hobbies, social or family life.
- Loss of earnings (this could include future losses too).
- Private medical and rehabilitation costs.
- Travel expenses.
- Care costs.
- Changes to your vehicle or home to make life easier if you’re left with disabilities.
If you’d like us to check what you could include in a fall from height claim, please get in touch today.
Will I Need a Solicitor to Claim Compensation?
You are not legally required to have a solicitor to file a fall from height compensation claim, but having one can make the process much easier and improve your chances of success. A solicitor specialising in personal injury claims can handle all aspects of your case, including gathering proof, negotiating with the defendant’s insurer, and ensuring you receive a fair settlement.
Crucially, our solicitors work on a No Win, No Fee basis for fall from height compensation claims, meaning there are no upfront fees, and you won’t need to pay legal costs if your claim is unsuccessful. If your claim is successful, a success fee will be deducted from your compensation to cover your solicitor’s work. This is outlined in a Conditional Fee Agreement (CFA), and the maximum success fee allowed by law is 25%.
If you’d like to check whether you could claim with one of our No Win, No Fee solicitors, please get in touch today.
Fall from Height Claims Frequently Asked Questions
To help you further, we’ve answered some common questions relating to workplace falls below:
Will I Be Fired for Claiming Against My Employer?
It is against the law to be punished for making a compensation claim against your employer so long as the claim is honest. That means that your employer cannot single you out, treat you differently, refuse training opportunities, discipline you or sack you for making a claim. If any of these were to happen, it might be possible to take action for unfair or constructive dismissal.
Will I Need a Medical Assessment for My Compensation Claim?
Most claimants will need a medical assessment as part of the claims process. This is something that is conducted by an independent medical expert. Usually, your solicitor will book this locally for you. A report will be provided to all parties following the meeting that explains what injuries you sustained and your prognosis.
Can I Claim Compensation on Behalf of Someone Else?
If your loved one has been injured following a fall from height, you could claim if their injuries leave them without the mental capacity to manage the claim themselves. Once you’ve been accepted as a litigation friend, you can represent your loved one and deal with a solicitor on their behalf.
Read more on the litigation friend process.
What if My Loved One was Fatally Injured?
If you’ve lost a loved one following a fall from height at work, no amount of compensation will make things better. However, you may wish to claim on behalf of their estate for their employer’s negligence and you may have financial needs of your own that need to be claimed for.It is possible for a partner to claim a bereavement payment if their partner died in an accident. Also, your claim could be based on the fact that you were financially dependent on the deceased. Finally, the claim could also help to cover any immediate expenses such as funeral costs.
To find out more about how we could help with claiming compensation for a fatal accident, please get in touch today.
Start a Fall from Height Injury Claim Today
You’ve reached the end of this article on fall-from-height injury claims. Hopefully, you have now decided what to do next. If you have any questions or would like to begin the claims process, please call our team on 0800 652 1345.
During your call, we’ll review your chances of winning your claim and provide free legal advice. Should your claim be accepted, we’ll appoint one of our No Win, No Fee personal injury lawyers to it. They’ll manage your case from start to finish and keep you updated along the way. Importantly, they’ll do all they can to try and make sure you are fairly compensated.
Thanks for reading about how fall-from-height compensation claims work, and if you have any additional questions, please connect to live chat to speak to an advisor.