This article aims to provide you with essential information on making a personal injury claim following a trip and fall at work. It will discuss the eligibility requirements that need to be met, the time limits that need to be adhered to when taking legal action, and the evidence you could gather to support your claim.
Additionally, we discuss an employer’s duty of care as well as the legislation they need to adhere to. Also, we provide examples of how a breach of this duty could lead to a trip and fall accident in the workplace that results in an employee sustaining harm.
Furthermore, we discuss the process involved in calculating personal injury settlements for successful claims.
Our guide concludes by discussing the various advantages of working with a skilled No Win No Fee personal injury solicitor from our panel to launch your accident at work claim.
For more information, you can get in touch with an advisor by:
- Calling 0800 408 7825
- Filling out the ‘contact us‘ form to request a callback.
- Speaking with an advisor via the live chat function below.
Choose A Section Of Our Guide
- When Can You Claim For A Trip And Fall At Work?
- How Could A Trip And Fall At Work Be Caused By Employer Negligence?
- Evidence That Could Help You Claim For Falls And Trips
- How Much Trip Or Fall Compensation Could You Receive?
- Claim For Trip Or Fall Compensation On A No Win No Fee Basis
- Learn More About How To Make A Work Injury Claim
You could be eligible for personal injury compensation following a trip and fall at work if you can prove:
- At the time and place of the accident, your employer owed you a duty of care.
- You can show that they breached this duty.
- As a result, you suffered a physical or psychological injury, or both.
These three points can lay the basis of negligence in claims for personal injury. If you can prove negligence occurred, you could have valid grounds to seek compensation.
Also, you should ensure you start your personal injury claim within the limitation period outlined in the Limitation Act 1980. Generally, the time limit is three years from the accident date. However, there are certain exceptions to this time limit, so please call our advisors for further guidance.
Under the Health and Safety at Work etc. Act 1974 (HASAWA), employers have a duty of care to take reasonable steps to ensure your health and safety whilst you are at work, or while you perform your job. This can include performing slip and trip risk assessments as a way of identifying and reducing or removing the risk of potential hazards. A failure to do so could lead to a trip and fall at work accident. For example:
- Leaking taps or overflowing toilets that haven’t been fixed could cause wet, slippery floors. This could lead to an employee falling and sustaining a wrist injury.
- Failing to attend to spillages in a prompt manner, or not putting warning signs on surfaces that have just been mopped could lead to a fall in which an employee sustains a head injury.
- Employees could trip over cables or trailing wires left unmarked in offices.
- Leaving obstructions in walkways could cause an employee to trip and fall and sustain a shoulder injury
Not all accidents involving a trip and fall will form the basis of a valid accident at work claim. If you would like to discuss the specific circumstances surrounding your accident and subsequent injuries, please contact an advisor on the number above.
It’s important to present evidence to support your claim as it can show that a breach of duty resulted in you sustaining harm at work. As such, you might benefit from the gathering of:
- CCTV footage that shows the accident. For example, if you were working on a ladder and had an accident and fell, CCTV could show the cause.
- Photos of your injuries and the hazard that caused them.
- The contact details of any witnesses.
- A copy from the accident book.
- Copies of medical records, such as X-ray scans.
- Evidence of any financial losses caused by the injury.
A personal injury solicitor from our panel could offer assistance with gathering evidence to support your case. If you are interested in learning more about how they could help, please speak to our team of advisors on the number above. They may connect you with a solicitor from our panel if your case is valid.
Should your trip and fall at work compensation claim be successful, it is possible to receive two types of damages:
- General damages aim to compensate you for the physical and emotional pain and suffering created by the injuries and the way they negatively impact the quality of your life.
- Special damages compensate for the financial expenses and costs incurred by your injuries, such as medical expenses or lost income. Evidence such as receipts, payslips, and invoices can help prove these costs.
The table below is an excerpt from the 16th edition of the Judicial College Guidelines. This publication provides guideline award brackets that correlate to different injuries. We have included some of these in the following table. However, settlements are calculated on a case-by-case basis so you should only use these figures as a guide.
|Degree of Severity
|Award Bracket Guidelines
|(c) Moderate (ii)
|£90,720 to £150,110
|Reflects cases of moderate to modest intellectual deficit and a reduction in the ability to work with a risk of epilepsy.
|(a) Severe (ii)
|£61,910 to £78,400
|Fracture dislocation in the ischial and pubic causing impotence.
|(a) Severe (ii)
|£52,120 to £69,730
|Leg fractures that can extend into the knee joint and cause constant pain and limited movement.
|(a) Severe (iii)
|£38,780 to £69,730
|Soft tissue injuries that result in chronic conditions, which despite treatment, leave disabilities.
|(b) Severe (iii)
|£39,200 to £54,830
|Serious compound or comminuted types of fracture, that give rise to instability and prolonged treatment.
|(b) Less Severe
|£15,650 to £32,010
|Simple fractures and lacerations with no permanent damage or function impairment.
|£13,740 to £26,590
|Fracture and ligament tears that prompt less serious disabilities such as difficulty on uneven ground or on stairs.
|(c) Less Severe
|£12,590 to £24,500
|Less severe injuries that still cause a level of persisting pain and stiffness.
|£12,590 to £21,070
|Cases that cause partial rupture or a significant injury to the tendon.
|£7,890 to £12,770
|Frozen shoulder cases that include limited movement and discomfort for up to 2 years.
Call an advisor for a better understanding of what your slip or trip accident claim could be worth.
If you have valid grounds to pursue a personal injury claim following a trip and fall at work, you could choose to work with a solicitor from our panel. They have experience handling accident at work claims, and could offer services, such as help gathering evidence and valuing your settlement, under the terms of a Conditional Fee Agreement (CFA). This type of No Win No Fee contract can mean:
- There is no need to pay any fees for the solicitor’s work upfront or while the claim progresses.
- If your claim succeeds, you will pay a success fee to your solicitor. However, this has a legal cap meaning that the majority of your compensation payment goes to you directly.
- If the claim fails, you won’t pay this success fee.
Please contact us today to see if you are eligible to start your injury at work claim with a solicitor on a No Win No Fee basis. To reach them, you can:
- Call 0800 408 7825
- Fill out the ‘contact us‘ form to request a callback.
- Speak with an advisor via the live chat function below.
For more of our guides:
- Learn how injury at work solicitors can assist your claim.
- Find out how compensation for a torn ligament or ankle fracture is calculated.
- Read about claiming for a head injury after a slip or fall accident.
- If you suffered a more serious spine injury as a result of a fall this guide can help you claim.
For more external resources:
- Health and Safety Executive – Flooring safety
- NHS – Guidance on broken bones
- GOV.UK – Statutory sick pay
Thank you for reading this article on when you could be eligible to make a personal injury claim following a trip and fall at work. If you have any other questions, please call an advisor on the number above.