This guide examines how to make a fall from height claim for workplace accident compensation. Depending on the height and how you land, injuries suffered in this type of accident can also be life-altering. So if you or a loved one is facing injury or negative financial impacts because of a fall caused by others, this guide explores the options for starting an accident at work claim for compensation.
The guide starts by looking at specific scenarios of a fall at work. Compensation is explained, and we look at what it could cover and how it is calculated. The calculation of which can follow a set process, and we detail that below.
Other parts of the claims process after a fall from a height are explored, such as gathering evidence, the time limits involved and how to claim on behalf of someone else. After this, we explore the many advantages of working with our panel of solicitors to launch your claim. Our panel provide their services on a No Win No Fee basis so we also explain what this means.
Please read on to learn more, or if you would like to discuss your claim now, you can:
- Call our advisory team 24/7 at 0800 408 7825.
- Contact us through our online form.
- Reach us through the live discussion window below.
Frequently Asked Questions
- What Would Be Classed As A Fall From A Height?
- I Had A Fall At Work, Can I Claim For My Injuries?
- Am I Able To Claim On Behalf Of Somebody Else?
- The Average Compensation Amount For A Fall From Height Claim
- How Would My Employer Pay For My Compensation?
- What’s The Process For Making A Fall From Height Claim?
- How Can Public Interest Lawyers Help Me?
- Learn More
What Would Be Classed As A Fall From A Height?
A fall from a height is a fall from any type of raised surface, including steps, ladders or higher items such as scaffolding. Even a low-level or minor fall can cause a wide range of injuries, depending on the height itself and what the person may strike as they fall. Below, we look at some of the most commonly encountered fall accidents and give an example of how negligence might be the cause:
Falling Off A Ladder
Falling from a height of just a few steps can be dangerous if the person lands badly. An employer has a duty of care to ensure that ladders, platforms and all types of apparatus for work at heights are safe to use.
Example – An employer provided a faulty ladder, and it collapsed while a worker was using it. As a result, they twisted their ankle and struck their head in the fall and suffered a minor brain injury.
Falling From A Vehicle
Cranes and certain heavy machinery at work can be raised off the ground, and it’s essential that they are regularly maintained to ensure safety for use.
Example – An employer failed to ensure workplace vehicles were regularly maintained, and the safety door in a crane cabin was left broken. When the employee turned to manoeuvre an object, they fell from the cabin and suffered extensive cuts and a bone fracture.
Fall From Machinery
The same needs to be done for platform machinery that might be used to lift workers from one level to another.
Example – The window cleaning platform in a large office block was not regularly serviced. When it was being used, it malfunctioned and caused a worker to slip and fall several floors. This resulted in a multiple injury claim for life-altering damage to their back and neck.
Falling Off A Roof Or Through A Ceiling
Any work carried out at a height is subject to stringent health and safety regulations (which we discuss in a section below). Work on fragile flooring (such as in a loft) or a roof needs to be properly planned and executed by competent and designated workers.
Example – An employer requested untrained staff to clean a glass roof, and because the job was not planned or supervised properly, a worker slipped and fell through the glass, suffering a severe spine injury and soft tissue cuts.
Falling From Scaffolding
Work on scaffolding is also an area where employers must plan and execute safety procedures carefully. The Health and Safety Executive (HSE), which is the regulator for British workplace safety, details best practice for employers to help them meet this obligation.
Example – An employer went ahead with scaffolding erection despite not checking that the surface was appropriately dry or stable enough after severe weather. As a consequence, it became crooked and unstable, causing a worker to lose their footing and slip off in a scaffolding accident. They suffered multiple severe injuries.
Your example may differ, so if you would like more personalised guidance on your fall from height claim, speak to our advisory team today.
I Had A Fall At Work, Can I Claim For My Injuries?
You could have a claim for your injuries after a fall at work if you meet the criteria required. In order for your claim to be considered eligible, you need to show the following:
- A duty of care was in force.
- The employer breached this.
- This caused your injuries.
All these points must apply to have a valid claim after a fall from a height.
In the UK, all employers have a duty of care to their staff as outlined in the Health and Safety at Work etc ACT 1974 (HASAWA). This law requires employers to take reasonable and proportionate steps to ensure that employees are protected from harm whilst doing their jobs.
This duty of care can be applied in a number of ways, such as ensuring equipment is safe and that any work at a height is thoroughly planned and executed as safely as possible. Training staff properly and ensuring everyone understands their health and safety obligations are other effective ways to stay safe. Also, the Work at Height Regulations 2005 detail specific actions employers are required to carry out to reduce or remove the risk of harm from falls in their workplace.
If you would like guidance on your eligibility making a fall from height claim for workplace injuries, please connect with our advisory team on the number above.
Am I Able To Claim On Behalf Of Someone Else?
A fall from a height claim can also be made on behalf of those under 18 or those who lack the mental capacity to manage their own affairs. A person (usually a member of their family) carries out the essential duties of the claim on the injured person’s behalf, and this role is known as a ‘litigation friend’.
If you need to claim for a minor or a person without capacity, we offer free guidance on this.
The Average Compensation Amount For A Fall From Height Claim
The average compensation for a fall from a height claim could range between 6 figures for the most severe injuries to a few thousand pounds for more minor injuries. Additionally, a settlement might include compensation for financial losses.
Guideline Brackets
The figures in the table below were taken from the Judicial College Guidelines (JCG), except for the first line. Those involved in the claims process may use these guidelines alongside your medical evidence to value your injury. This provides guideline amounts for a wide array of injury types based on severity and places a value on physical and psychological harm after an accident and injury. Please note that each personal injury claim is assessed on individual merit, and you should only use this table as a guide.
| INJURY | SEVERITY | GUIDELINE BRACKET |
|---|---|---|
| Multiple forms of severe harm and special damages award made for lost earnings, care provision and private medical care. | Severe | Up to £1 million plus. |
| Head/Brain | (a) Very severe | £344,150 up to £493,000 |
| Head/Brain | (c) Moderate (i) | £183,190 up to £267,340 |
| Back | (a) Severe (i) | £111,150 up to £196,450 |
| Neck | (a) Severe (i) | In region of £181,020 |
| Neck | (b) Moderate (i) | £30,500 up to £46,970 |
| Pelvis | (a) Severe (i) | £95,680 up to £159,770 |
| Pelvis | (b) Moderate (i) | £32,450 up to £47,810 |
| Leg | (b) Very serious (ii) | £66,920 up to £109,290 |
| Ankle | (a) Very severe | £61,090 up to £85,070 |
What Other Losses Can Be Claimed For?
Associated financial losses can make up the second component of the settlement. This is called special damages, and it reimburses the person for the financial harm caused by a fall from a height. It is necessary to put forward evidence of monetary harm that you wish to include in your claim. This could be the following:
- Wage slips from your employer detailing a drop or loss of earnings.
- Proof of any private medical costs.
- Tickets and receipts for any essential travel.
- Estimates or invoices that prove the costs associated with adaptations to your home or vehicle. For example, the addition of a stairlift.
- Additional childcare expenses.
A solicitor from our panel could help you to assemble evidence like this and put forward a stronger claim for compensation after a fall from a height. Our advisory team are happy to discuss any questions you may have.
Interim Payments
Interim payments are part of the compensation that can be paid ahead of any final decision being reached on the claim. They are typically paid only if it looks certain that the case will settle in the claimant’s favour. Also, each request for an interim payment is considered on a case-by-case basis, and you would need to demonstrate a valid reason for requesting the money.
These amounts are deducted from the final compensation payout, but they can be a useful way to access much-needed funds for treatment or care without waiting for the final settlement.
In the hands of a skilled personal injury solicitor from our panel, evidence can be used to present a strong argument for compensation, both now and any predicted future needs such as rehabilitation and lost earnings. Why not take a moment to discuss how they calculate fall from height claim with our advisors?
How Would My Employer Pay For My Compensation?
Fall from height claims that are successful mean that the employer pays the compensation from their insurance company. It is a legal requirement for them to have valid Employer’s Liability Insurance, typically to the value of £5 million. If you have concerns about this, please speak to our advisory team.
Can I Lose My Job If I Make A Claim?
No. An employer cannot dismiss you for starting a personal injury claim for compensation.
Importantly, an employer could dismiss a worker if the employee caused an accident and injury through deliberate acts of negligence or recklessness. If you’d like to chat about your circumstances, please get in touch.
What’s The Process For Making A Fall From Height Claim?
The process for making a fall from height claim rests upon evidence. It needs to point to the fact that employer negligence was the root cause of the accident and that you suffered actual harm as a consequence. With this in mind, it’s useful to collect as much of the following as possible:
- Photos of your visible injuries.
- The contact points for any eyewitnesses. Should you decide to appoint a solicitor, they can approach these witnesses and obtain a statement that helps your claim.
- Copies of medical records about the fall injuries.
- A duplicate from the workplace accident book.
In addition to evidence, there are time limits to be aware of with personal injury claims. The Limitation Act 1980 states that personal injury claims should start within 3 years of the date of the accident and injury. Certain exceptions apply:
- A pause applies to the time limit for those under 18, and the 3-year limit starts from the date of their 18th birthday.
- A freeze applies to claimants lacking mental capacity to claim. Instead, the 3 years start from any date where they regain mental capacity.
- Also, both categories of claimants have the option for a claim to start immediately by using a litigation friend, as we looked at above.
Our advisors are on hand to answer any questions you may have about time limits and a claim after a fall from a height for yourself or a loved one. Reach out via email, live chat or phone to learn more.
Will I Have To Take My Employer To Court?
Oftentimes, it is not essential to take your employer all the way to court. Typically, claims will settle outside of court. The following factors will impact how long this can take:
- Whether your employer is disputing their liability.
- How the extent and severity of the injuries might impact recovery.
- The need to obtain expert reports and witness testimonies in person.
- If both sides fail to agree on a suitable compensation amount.
A skilled solicitor from our panel can assist with these potential issues. To find out whether they could help you, simply call to discuss your fall from a height claim right now.
How Can Public Interest Lawyers Help Me?
Our panel of solicitors can help eligible claimants launch an accident at work claim today. They have been confidently assisting people to start personal injury claims for workplace accidents for decades. The following represents some of the excellent services they can offer those with an eligible fall from a height claim:
- They are experts at putting forward the strongest argument for compensation.
- They deal with all communication with your employer or their insurers.
- They attend to all court requests for information and any deadlines that might come up.
- They give a clear explanation of any complex legal terminology.
- Our panel of solicitors will represent your fall from a height claim with the utmost professionalism.
The solicitors on our panel provide a Conditional Fee Agreement (CFA). This is a version of a No Win No Fee contract that has numerous advantages to the person seeking compensation. For example
- Solicitors working this way require no immediate service fees to start work.
- No fees for their work apply as the fall from a height claim advances.
- Claims that are unsuccessful require no solicitor’s fees at all for completed services.
- Winning claims are subject to a low and restricted percentage deduction from the compensation, called a success fee, which you can agree on prior to work starting.
- Working this way allows the claimant to access outstanding legal representation and keep the bulk of their compensation if the claim wins.
Contact Our Panel Of Solicitors
If this option for funding your fall from a height claim sounds interesting to you, please connect with the team to discuss your next step:
- Call our advisory team 24/7 at 0800 408 7825.
- Contact us through our online form.
- Reach us through the live discussion window below to discuss your data breach compensation claim.
Learn More
- Here we look at serious accident at work claims.
- This guide explores how much compensation for a fall can apply.
- As well as this, some information after falling down the stairs at work.
External help on this topic:
- This resource from HSE looks at preventing falls at work.
- Information on checking your symptoms if you’ve fallen.
- Lastly, advice from the NHS on what to do after a fall.
In conclusion, thank you for your interest in this guide. For any further information on making a fall from height claim, reach out to our dedicated advisory team.
