No Win, No FeeIf 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 are here to help if you are thinking about claiming after you or a loved one has been injured following a fall from height. When you call, an advisor will review your case and offer free legal advice. If they believe your claim has a reasonable chance of success, 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 talk to us about claiming for a fall from height today, please call us on 0800 652 1345 right away. Alternatively, please read the rest of this article to find out how to claim for injuries caused by a fall at work.
Can I claim 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. Fall from height compensation claims might be possible if your accident was caused because of:
- Inadequate safety training.
- Unmaintained or damaged safety rails.
- Tiredness because you were not allowed sufficient rest breaks.
- A lack of protective equipment such as safety harnesses.
- Poor supervision (where needed).
- Unenforced safety procedures i.e. you were allowed to work on a building site without a hard hat.
- A lack of warning signs to alert you to potential dangers.
You could be compensated if you fell from 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 height because your employer was negligent, we could help you to claim compensation.
Jobs most at risk from falls from height
Many roles could mean there’s a potential that you could be injured in falls from height. However, some of the more common workplaces where this type of accident might happen include:
- Building sites.
- Factories.
- Warehouses.
- Large shops.
Some of the most high-risk professions include:
- Window cleaners.
- Scaffolder.
- Builders.
- Supermarket shelf loaders.
- Civil engineers.
- Surveyors.
- Window installers.
- Warehouse staff.
If you’ve suffered injuries from falling from height at work and would like to discuss your options, please get in touch and let us know. Our team will provide a free case review and legal advice no matter what you decide to do.
Common fall from height injuries
There is no doubt that falling from height is likely to cause injuries. If you’re” lucky”, 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.
- Epilepsy.
- Concussion.
- Psychological injuries (including Post-Traumatic Stress Disorder).
How much compensation for injuries from a fall from height?
As shown above, 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.
Also, 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.
Fall from height accidents
Let’s take a look at a few examples of accidents when fall from height compensation claims might be possible. They include:
- If you fell from a scissor lift because you weren’t provided with a safety harness.
- Where you fell from a ladder because it was not being supported from the bottom.
- If you fell from a cherry picker because the operator had not been trained on how to use it.
- Where you fell off scaffolding because a safety rail was missing or damaged.
- If you fell from a ladder in a warehouse because it was struck by a forklift truck.
These are just a few examples of the types of negligence that could lead to a claim. If there’s not a scenario similar to yours, why not call to check whether you have a valid claim?
Providing proof for fall from height injury claims
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?
Fall from height claims FAQs
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.
How long do I have to claim compensation?
Most personal injury claims have a 3-year time limit. This will usually commence from the date of your accident at work. Although that seems like a lot of time, it’s a good idea to begin your claim as early as possible. That will allow your solicitor plenty of time to collect the relevant evidence to support your claim.
Will I need a medical assessment of my injuries?
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 if my partner fell from height at work?
If your loved one has been injured following a fall from height at work, 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.
Fatal injury claims
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.
No Win, No Fee claims
The prospect of paying a solicitor to represent you and then losing your case can be very worrying. We understand that and realise many people wouldn’t work with our solicitors if that were the case. As such, our team of experienced solicitors work on a No Win No Fee basis in any case that they take on.
If your solicitor agrees to work for you, and you wish to proceed, you’ll be given a Conditional Fee Agreement (CFA). This is the type of contract our solicitors use for personal injury claims. It explains the tasks your solicitor will perform and when you’ll need to pay them.
If your claim is won, a success fee will be deducted from your settlement payment. In the CFA, the success fee is listed as a percentage of your compensation. Legally, when using a CFA, success fees are capped at 25%.
Importantly, you won’t need to pay any solicitor’s fees in advance and the success fee will not apply if your claim fails.
Want to see if you could claim compensation for a fall from height with one of our solicitors on a No Win No Fee basis? If so, please call today?
Start a fall from height 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.
