All employers have a duty to create as safe a working environment as they reasonably and practically can. If you suffered an injury after a fall from a height because your employer breached this duty, you could be eligible to seek compensation by making a personal injury claim.
In this guide, we will explain more about the responsibility your employer has to prevent you from sustaining harm. Additionally, we will provide examples where your employer may have failed to uphold the responsibility they have.
This guide will also explore the compensation you could receive and the evidence you may need to gather in order to support your claim.
Despite this guide aiming to provide the information you need, we understand you may have additional questions. If so, you can reach out to one of our advisers now, using:
- The number at the top of the page
- Our contact us form online
- The live chat feature below
Choose A Section
- What Is A Fall From A Height At Work Claim?
- How Could A Fall From A Height At Work Happen?
- Is My Employer Responsible For My Injury At Work?
- How Much Could I Get For A Fall From A Height Injury?
- Could I Use No Win No Fee Solicitors?
- More Information About Accident At Work Claims
What Is A Fall From A Height At Work Claim?
Health and safety legislation, such as the Health and Safety at Work etc. Act 1974 (HASAWA), sets out an employer’s duty to make a workplace as safe as they reasonably can. As part of their duty, they must take all reasonable steps to ensure their employees are kept safe from harm.
The specific duties they have will vary depending on the workplace. However, general duties as stated in Section 2 of HASAWA, might include:
- Performing regular risk assessments to highlight any hazards that pose a risk to employee health and safety
- Taking reasonable action to reduce or remove risks posed by a certain hazard
- Providing adequate health and safety training to employees
However, there are instances where an employer may fail to uphold the duty of care they have. As a result, it could cause an employee to suffer an injury in an accident.
For example, an employer may have failed to ensure the scaffolding an employee was working on was safely secure. As a result, the employee may have sustained a severe head injury and spinal cord damage after a fall from a height.
If your employer did not do enough to prevent you from suffering an injury in an accident at work, get in touch today to find out if you have a valid claim.
How Often Do Falls At Work Happen?
Employers must report certain accidents and injuries under Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 ( RIDDOR).
As such, employer reports highlighted that there were around 4,143 non-fatal falls from height in 2021. Additionally, there were around 35 fatal falls from height in 2021.
Please note that these figures are provisional.
How Could A Fall From A Height At Work Happen?
As mentioned, employers are expected to provide a duty of care to their employees to either reduce the risk of harm or avoid it altogether.
However, there are instances where they might fail to do so. Some examples of how a fall from a height might occur as a result of your employer breaching the duty of care they owe you might include:
- An employer might fail to carry out regular risk assessments on workplace equipment. As a result, an employee may fall from a ladder that was unsafe to use. This may have led to you sustaining a broken foot at work.
- Your employer might fail to provide adequate training on working safely at a height. As a result, an employee may fall when working on a construction site. This may have led to you sustaining a broken leg.
If your injury happened because your employer breached the duty of care they owed you in a similar way, please get in touch with our team. An advisor could help you understand if you’re eligible to make a claim for compensation.
Is My Employer Responsible For My Injury At Work?
To prove employer negligence was responsible for your injury from a fall from a great height, you could gather relevant evidence.
This could come in the form of:
- Contact details of any witnesses
- Pictures of your injuries and the accident
- Records of your accident in the logbook
Additionally, it is also important to provide medical evidence when making a personal injury claim. Medical records can help provide more information about the injury which could help when valuing your injuries.
You may also wish to seek legal advice from a solicitor. A personal injury solicitor could offer you information on specific evidence to collect in your fall from a height claim.
Our panel of solicitors all have experience handling accident at work claims. For more information on whether they could represent your case, please call the number above.
How Much Could I Get For A Fall From A Height Injury?
If your claim is successful, the amount of compensation you might receive will depend on the extent of the injury you have suffered and the effect it has had on you.
The head of claim intended to cover the physical pain and emotional distress caused by the injury is known as general damages. In order to accurately calculate what will be awarded for your injuries, medical evidence may be considered to understand the full impact your injuries have had.
Additionally, guidelines from the Judicial College could also help when valuing your claim. These guidelines are a collection of bracket compensation amounts for various injuries. They are based on previously awarded compensation in court settlements.
We have included some entries from these guidelines in the table below but you should only use them as a guide.
| Injury | Notes | Award |
|---|---|---|
| Head Injury (e) | A minor brain or head injury where brain damage is minimal if there is any at all. | £2,070 to £11,980 |
| Arm Injuries: (d) | An uncomplicated forearm fracture. | £6,190 to £18,020 |
| Neck Injuries: (a) Severe (iii) | Injuries might include fractures, dislocations or severe soft tissue damage. | £42,680 to £52,540 |
| Elbow Injuries (b) | Less severe elbow injuries that cause function to be impaired. | £14,690 to £30,050 |
| Wrist Injuries (e) | A Colles' fracture that is simple. | In the region of £6,970 |
| Chest Injuries: (g) | Injuries might include rib fractures or injuries to the soft tissues. | Up to £3,710 |
| Back Injuries: (b) Moderate (ii) | Injuries might include disturbance of ligaments and muscles which lead to back ache. | £11,730 to £26,050 |
| Should Injury: (d) Minor (iii) | An injury to the soft tissues that cause a significant amount of pain but mostly recovers within three months. | Up to £2,300 |
| Leg Injuries: (b) (iii) | Injuries might include a serious compound or comminuted fracture. | £36,790 to £51,460 |
| Ankle Injuries: (d) | Injuries might include a less serious fracture or sprains. | Up to £12,900 |
The second head of claim is known as special damages which address the financial effects of the injury. For example:
- Loss of earnings
- Cost of medical treatment not available on the NHS
- Travel expenses
You could potentially claim these costs back under special damages if you have evidence to prove the losses incurred.
The two heads of claim combine to form the final compensation amount you could receive following a successful fall from a height claim.
If you are looking for more information about what your compensation payout may consist of, you can talk to one of our advisers on the number above.
Could I Use No Win No Fee Solicitors?
You could enlist a solicitor who works on a No Win No Fee basis to handle your fall from a height at work claim.
Under a No Win No Fee agreement, you won’t be required to pay an upfront fee for the services your solicitor offers, nor any ongoing fees.
A success fee will be taken from your compensation on the condition that your claim is successful. If your claim is not successful, you would not have to pay the success fee to your solicitor.
If you would like to use a solicitor working on this basis, we could help. Our advisers could connect you to a solicitor from our panel provided it has a chance of succeeding.
Make A Fall From A Height Claim
If you would like any more information about claiming for injuries sustained in a fall from a height our advisers are available and can offer free legal advice.
You can contact them now using:
- The number at the top of the page
- Our contact us form online
- The live chat feature below
More Information About Accident At Work Claims
In this section, please find some additional resources that may help.
- A government guide on statutory sick pay.
- Information on reporting a health and safety issue in your workplace.
- More workplace accident statistics from the Health and Safety Executive.
- How Much Compensation Could I Claim For A Broken Figer At Work?
- Lifting Accident At Work
- Inadequate PPE Claims
- Filing A Lawsuit Due To Employer Negligence
- Burned At Work Due To A Faulty Fire Alarm Claims
- Worker’s Rights In An Accident At Work Claim
- Shoulder Injury At Work Claims
- Could I Start An Industrial Accident Claim?
- Advice On Reporting An Accident At Work
- What Are The Stages Of The Accident At Work Claims Process?
- Do I Get Sick Pay After An Accident At Work?
- How To Make A Construction Site Accident Claim
If you require any additional information on making a fall from a height at work claim, please get in touch on the details above.