If you’ve been injured from falling from a height at work and your employer was at fault, you may be eligible to make a fall from height claim to compensate you for your physical injuries and any mental trauma caused by the fall.
If you’d like to check whether you are eligible to make a claim, we can help. Our team provides a no-obligation telephone consultation where you’ll be given free legal advice about your claim. If there’s a realistic chance of winning your case, we’ll connect you with one of our personal injury solicitors who’ll represent you on a No Win No Fee basis if they take your claim on.
Please read on if you’d like to know more about claiming compensation for a fall from height at work. Alternatively, please feel free to call us on 0800 6524 881 if you’d like to discuss your claim today.
Table of contents
- Am I Eligible To Make A Fall From Height Compensation Claim?
- Common Causes Of Falls From Height Accidents At Work
- Common Injuries From Falls From Height
- How Much Compensation For A Fall From Height Could I Claim?
- Claiming Compensation For A Fatal Fall From Height
- Evidence To Support A Fall From Height Claim
- Fall From Height Claim Time Limits
- Starting A Fall From Height Claim
The law holds employers responsible for conducting a risk assessment of their workplace and accordingly putting in place the relevant safety measures to protect their employees from falls from height at work. The Work at Height Regulations 2005 specifically addresses the inherent risks involved while working at height. Under the Work at Height Regulations 2005, employers are required to make sure that all these requirements are met:
- A proper risk assessment is carried out;
- All surfaces are dry, sturdy, and free from obstacles;
- All equipment is in good working order with no risk of malfunctioning while you are working at height;
- Employees who are working at height receive the appropriate training so they can carry out the task safely;
- Employees are provided with the proper personal protection equipment.
Therefore, one of our personal injury solicitors could help you claim compensation following a fall from a height at work if:
- Your employer was negligent in some way; and
- Their actions or lack of action caused you to fall from height; and
- You suffered mental and/or physical injuries from the fall.
Importantly, your employer cannot legally fire you, discipline you or single you out in any way because of your claim. Therefore, please don’t be put off from talking to us about the compensation you might be entitled to.
Based on the criteria described in the previous section, you can only sue your employer for injuries sustained in a fall from a height accident that was in some way caused by their negligence. Some examples of the types of negligence that can cause a fall from height accident at work and compensation claim against your employer include:
- If you were not given regular safety training.
- Where you fell from scaffolding or lift because you weren’t given a safety harness.
- If you fell from height because you were tired because you’d worked too many hours or you’d not been allowed sufficient rest breaks.
- If you fell from a cherry picker or scissor lift that was faulty, damaged or poorly maintained.
- Where you fell from a roof while working in adverse weather conditions.
- If you fell while cutting a tree because a damaged rope snapped.
This list of scenarios is not exhaustive so don’t worry if you don’t see an accident that matches your own. If you believe you fell from a height at work because of something your employer did or didn’t do, please call today to see if we could help you make a claim.
Common fall from height injuries that we could help you to claim compensation for include:
If the type of injury you’ve suffered isn’t listed it don’t fret, we could still help you claim compensation so please call us on 0800 6524 881 to find out how we can help.
Each year, the Health and Safety Executive (HSE). keeps records relating to accidents and injuries in the workplace. Data for the year 2021 show that:
- 29 people were killed in falls from height at work (source).
- Falls from height made up 8% of all non-fatal workplace accidents (source).
Workers in certain roles are more likely to be at risk of falling from a height than others. Some of the higher-risk jobs include:
As part of their duty of care, employers should carry out regular risk assessments to try and identify any potential dangers. Where risks are spotted, your employer should take reasonable steps to reduce them. If they fail to do so and a fall from height accident at work occurs as a result, you could be compensated for any injuries sustained in a fall.
The amount of compensation you could be awarded if your fall from height claim is successful will be based on general damages (for the suffering caused by the accident) and special damages (to cover any financial losses you’ve incurred).
If you proceed with a claim against your employer, you could request compensation to cover:
- Physical pain and suffering.
- Mental trauma caused by anxiety, depression or Post-Traumatic Stress Disorder (PTSD).
- Care costs if you needed support with your usual activities while you were injured.
- Loss of earnings.
- Loss of amenity i.e. the impact your injuries had on your hobbies, family and social life.
- Travel costs.
- Medical expenses such as physiotherapy or private hospital treatment.
- Mobility aids.
- Modifications to your vehicle or home to improve your quality of life if you’re left with a disability after your fall from height.
Our compensation calculator can be used to get some idea of compensation payout amounts for injuries sustained during a fall from height:
These figures are not guaranteed and the amount you might receive for a fall from height will be based on the severity of your injuries. Therefore, as part of the claims process, you’ll need to see an independent specialist for a medical assessment.
In your meeting, the specialist will examine any remaining injuries, read your medical records and discuss how you’ve suffered with you. They’ll then explain the severity of your injuries and offer a prognosis in a report which will be sent to your solicitor. Once the report has been received, your solicitor will be able to calculate a more personalised compensation figure.
While we know that no amount of money will help you get over the loss of a loved one, compensation can help with the financial impact of their loss. Our solicitors could help you to claim:
- Compensation for the deceased’s pain and suffering on behalf of their estate.
- Compensation if you were financially dependent on the deceased.
- Help with immediate financial costs such as funeral expenses.
If you’ve lost a loved one from falling from a height at work and would like to talk to us about your options, please get in touch.
If you sue your employer following an accident at work, they’ll usually hand your case over to their insurance company. By default, they will likely deny all liability for the accident and your injuries. Therefore, the burden is on you to prove how you were injured and who was to blame. The type of evidence you could use to do this includes:
- Accident reports. As well as a copy of the accident report form logged by your employer, your solicitor could use a report into the incident from the Health and Safety Executive (if they conducted an investigation) to try and prove what caused your fall from height.
- Photographs. If you are able to, you should take photos of the accident scene and the cause of the accident on your phone.
- Witness information. To help corroborate your version of events, your solicitor may call upon any witnesses and ask them for a statement. Therefore, you should collect the contact details of anyone who saw you fall.
- Camera recordings. Some businesses use security cameras to protect their staff and premises. If your accident was recorded, you’re well within your rights to request a copy of any relevant footage.
- Medical records. It is important to be checked by a medical professional after a fall from a height at work. After you’ve been treated, your medical records could be obtained to prove the severity of your injuries.
The time limits for making a fall from height accident claim are:
- 3 years from the date of your accident; or
- 3 years from the date of death of a loved one or the date you were made aware of their death for fatal accident claims.
Rather than waiting, we suggest that it is best to begin your claim as soon as you can. This will usually mean that it’s easier to secure evidence from the accident scene and it will also give your solicitor plenty of time to complete all of their required tasks.
If you are thinking of claiming compensation following a fall from height at work, please call our team on 0800 6524 881 for free legal advice. We’ll review your claim and explain your options during your initial consultation.
If your claim is taken on by one of our solicitors, they’ll represent you on a No Win No Fee basis meaning you will only have to pay legal fees if you are compensated.
If you have any further questions on fall from height claims, please feel free to contact us via our live chat service.