Can I Claim If I’ve Been Hit By A Falling Object At Work?

In this guide, we will explore who could seek personal injury compensation after being hit by a falling object at work. Our guide aims to provide information on the eligibility criteria for making an accident at work claim and how employer negligence could cause you to suffer an injury. As well this we will look at the evidence you could gather in support of your accident at work claim and how compensation is calculated for a successful case. 

We will also touch on the potential benefits that come with choosing a No Win No Fee solicitor to represent your case.

According to the Health and Safety Executive, the British regulator for health and safety in the workplace, 700 injuries a year arise from being struck by something (eg sharp knives or falling objects). 100 of these are considered major injuries. The HSE reported that 10% of all major injuries in the workplace reported to them are caused in this way. 

Please contact us today to see if you have a potentially valid claim. Speak to one of our advisors, and you could be connected to our panel of personal injury solicitors:

a man lying on the ground after being hit by a fallen object at work

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Can I Claim If I’ve Been Hit By A Falling Object At Work?

Injuries sustained from being hit by a falling object could range from minor injuries to more severe harm. Under The Health and Safety at Work etc. Act 1974, employers have a duty of care for all employees. This means that they need to take all reasonable steps in order to maintain the health, safety, and welfare of their staff members. The reasonable steps may include undertaking regular risk assessments and acting on the results. 

The employer’s duty of care is a legal requirement. As such, if this duty is breached and you are therefore injured, it may be likely that you have grounds to make an accident at work claim.

For a workplace accident claim you must meet certain eligibility criteria:

  • You were under an employer’s duty of care at the date and time of your accident
  • Your employer breached their duty of care
  • Your injuries are a result of a breach of the duty of care.

Please contact one of our advisors today to see if you may be eligible to pursue a claim after being hit by a falling object at work.

 How Could Employer Negligence Result In Me Getting Hit By A Falling Object?

Building/construction sites can be dangerous places with an elevated risk of injury. However, being hit by a falling object can happen in any workplace; even in an office. By carrying out risk assessments as regularly as it is possible and acting on the results, the chance of accidents happening is severely reduced. 

Falling Object Accidents May Occur When:

  • Working with faulty machinery. For example, if a crane malfunctions, it could subsequently cause a heavy object to fall and hit you on the head. Injuries that may be sustained could include brain damage or facial injuries.
  • Objects stacked incorrectly. For example, if objects aren’t stacked correctly in a safe manner, this can lead to them falling and colliding with you. This may lead to a leg injury or an arm fracture.
  • Staff training is inadequate. For example, if you haven’t received adequate training to use a forklift on a building site, you may crash into a heavy object and it falls. You could sustain a back injury.
  • Personal Protective Equipment (PPE) isn’t provided. On a construction site, many roles require you to wear a hard hat to protect yourself. If you aren’t given one, you could be struck by an object above your head.
  • Shelves are unstable. For example, you may reach up for a box of files that are on a shelf above you. There is a screw loose on the shelf, and your employer never got around to screwing it back in. As a result, the box of files falls, and you could sustain a minor brain injury or even an eye injury at work.

If you were injured by a falling object in the workplace and are wondering whether or not you may be eligible to claim, our panel of personal injury solicitors can assess your case to establish if your accident was a result of employer negligence. Don’t hesitate to get in touch.

Evidence That Could Help In Accident At Work Claims

Collecting evidence when making an accident at work claim demonstrates how employer negligence has occurred and the impact it’s had on you. 

Here are some examples of evidence that could be obtained:

  • Photographs of what it is that hit you, the accident site, and the injuries sustained, if possible. 
  • CCTV footage that may have captured the incident
  • Medical records such as X-rays, scans, or doctor’s prescriptions
  • The contact details for any witnesses that may be willing to give a statement at a later date
  • The admission of your injuries in the workplace accident book
  • A diary that includes feelings, treatments, and symptoms so that your physical and mental state can be illustrated after your accident.

If you require any legal assistance, our panel of expert personal injury solicitors can assist you. As part of the service they offer claimants, they can gather evidence in support of your case. Please don’t hesitate to get in touch.

What Compensation Could I Recieve From A Work Injury Claim?

The potential compensation from a successful claim is made up of two heads of claim known as general damages and special damages. General damages account for the pain and suffering that you’ve endured as a result of your injury. However, the award for your injuries will be assessed on a case-by-case basis, as every claim is unique to the individual. 

Personal injury solicitors refer to the Judicial College Guidelines (JCG) alongside medical records to calculate the value of your injuries. The JCG includes compensation guideline brackets. These figures are displayed in the table below. 

However, these figures are only a guideline and aren’t a guarantee

Compensation Guideline Table

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Injury Type Severity Of Injury Information Compensation Guideline Bracket
Injury From Brain Damage Very Severe Little or no language function. Full-time nursing care is needed £282,010 to £403,990
Injury From Brain Damage Less Severe Good recovery can be made. Poor concentration persists, with damage that may affect lifestyle £15,320 to £43,060
Leg Injury Severe (i) Injuries fall short of amputation with extensive bone grafting £96,250 to £135,920
Leg Injury Less Serious (ii) Simple fracture of the femur without any damage to articular surfaces £9,110 to £14,080
Arm Injury Severe Injuries fall short of amputation but person is only slightly better off than if the arm had been lost £96,160 to £130,930
Arm Injury Less Severe Significant disabilities, a substantial degree of recovery will have taken place. £19,200 to £39,170
Back Injury Severe(i) Spinal cord damage causing severe pain with an impaired bowel function £91,090 to £160,980
Back Injury Minor (i) Full recovery or recovcery to nuisance level is expected within two to five years. No surgery needed £7,890 to £12,510
Skeletal Fracture Fractures of Cheekbones (i) Serious fractures that require surgery with paraesthesia in the cheeks or lips £10,200 to £15,780
Skeletal Fracture Fractures of Cheekbones (iii) Simple fracture of cheekbone that doesn’t require surgery. Full recovery is expected £2,320 to £2,990

Claiming Special Damages In An Injury Claim

Special damages account for past and future financial losses incurred as a result of your injuries. These losses can include travel expenses to hospital appointments, amendments to your car or home if applicable and medical expenses. If you’re unable to work after your accident, then your loss of earnings can be accounted for under special damages. Evidence of these costs, e.g., receipts, payslips, and invoices, should be kept, in order to claim them back.

Use Our Panel Of Accident At Work Solicitors To Make A No Win No Fee Claim

No Win No Fee solicitors offer a way of accessing legal representation without any up-front fees. Further benefits are:

  • You don’t have to pay any fees while the case is ongoing
  • If the claim fails, you don’t owe any fees to your solicitor
  • If you win your claim, your solicitor can take a legally capped percentage from the settlement. This is known as a success fee.

Don’t hesitate to contact us. Our advisors may connect you with our panel of expert personal injury solicitors if you have grounds to pursue a valid accident at work claim.

Read More About How To Make An Accident At Work Claim

We’ve included some links to more of our guides below:

What Happens When You Make A Claim?

How Do You Claim For A Broken Bone At Work?

Am I Eligible To Make A Forklift Accident Claim?

Here are some extra resources we think might help:

GOV.UK – Statutory sick pay

Health and Safety Executive – Workplace accident statistics

NHS – First aid

To find out if you can make a personal injury claim after being hit by a falling object at work, call our advisors now for a free case assessment.