By Cat Mulligan. Last Updated 11th October 2023. In this article, we will discuss the steps you could take to claim compensation for a fall at work. Starting an accident at work claim can seem daunting, and you might not know where to start; we’ll begin by exploring the criteria that your case must meet in order to form the basis of a valid claim.
Then, we’ll discuss how a slip and fall at work could occur and how it could affect you. This guide will also show you how compensation for a successful personal injury claim after a fall at work could be calculated and what you could claim for.
Finally, our guide will discuss the benefits of making your claim with a legal professional. Our panel of solicitors work on a No Win No Fee basis, and may be able to help you. Read on to learn more, or contact our team of advisors for free by:
Select A Section
- What Is A Fall At Work And Can You Claim Compensation?
- What Are The Causes Of Falls At Work?
- Which Injuries Could You Claim For After A Fall At Work?
- What Can Employers Do To Reduce Slips And Falls At Work?
- What Should You Do If You Have A Fall At Work?
- Accident At Work Compensation Examples
- Claim For A Slip And Fall At Work With A No Win No Fee Solicitor
- Learn More About Claiming Compensation For A Slip And Fall At Work
If you’ve had a slip, trip or fall at work in the UK and have been injured because of it, you could be entitled to claim compensation. To do so, you would need to prove that it happened because your employer was negligent.
Under the Health and Safety at Work etc. Act 1974, employers are obligated to take all reasonably practicable steps to ensure their employee’s safety at all times in the workplace. This includes assessing the risks of possible slip, trip or fall hazards. If this duty of care is breached, and you get injured as a result, this is when you could be able to hold your employer liable.
Being involved in a fall accident at work could have a variety of negative repercussions. You could be left with injuries that affect your quality of life. For example, if you take a fall from height, there is the chance you could break or fracture a bone, leaving you with a short or long term disability. Worst case scenario, some fall accidents could even result in death.
Can I Make A Fall At Work Claim?
A fall at work can occur for many different reasons. Some workplace accidents (including falls) may be the result of negligence by the employer.
Your employer owes you a duty of care to take reasonable steps to protect your safety in work. You may be eligible to start a claim if you can gather evidence that shows that your employer neglected the duty of care they owed you, and this resulted in your workplace accident and subsequent injuries.
In the next sections of this guide, we’ll talk you through the steps to take if you are considering making a claim for a fall at work. We’ll also elaborate on what the employer’s duty of care means.
How Long Do I Have To Claim For A Slip And Fall At Work?
If you are making a claim for an injury sustained in a fall at work, the time limit is set out in the Limitations Act 1980 as typically 3 years from the date of the accident.
This time limit does not apply to people who are unable to make a claim, which is the case with people aged under 18 and people mentally unable to represent themselves.
If the claimant is under the age of 18, then the fall at work claim does not have a time limit until their 18th birthday. If they wish to start a claim before this point, then a litigation friend must be appointed. When they turn 18, they will have three years to claim from their 18th birthday.
If you are claiming for someone who lacks the mental capacity to make a claim, their time limit is suspended indefinitely. A litigation friend can also be appointed.
If you would like to learn more about how to claim for a fall, please reach out to one of our advisers.
As we’ve already mentioned, not every slip and fall at work will result in a successful accident at work claim. Some examples of slips and trips that could result in a successful fall at work claim could include:
- Tripping over a loose cable or wire that was trailing unsafely across the floor and injuring your ankle. Employers are responsible for identifying hazards such as trailing leads and taking steps to ensure that they don’t pose a risk.
- Slipping on a spillage that wasn’t properly signposted or cleaned up within an adequate timeframe.
- Falling from a height as a result of your employer failing to provide safety gear, such as a harness. All employers have a responsibility to provide their employees with adequate PPE (personal protective equipment) and safety gear.
In these cases, you may be able to claim compensation for a fall at work, because each slip and fall was caused by a breach in the employer’s duty of care. To learn more about making a claim, contact our team of advisors today.
Below, we have included a list of injuries that you could sustain after a fall at work. They include:
- Fractures. For example, if you put your hand out to break your fall, you might experience a broken wrist or hand.
- An injury to your Achilles tendon.
- A slipped disc
- Brain damage. This could occur if you hit your head with force as you fall.
In addition to this, you could be injured if you fall into something that has the potential to hurt you. For example, falling into a piece of moving machinery could result in an injury like a crushed arm. If you fall into or on something hot, this could result in a burn injury.
Fall accidents can have a wide range of repercussions. If you’ve sustained injuries in a fall caused by your employer’s negligence, you may be able to claim.
The HSE website includes a lot of guidance on the steps employers can take to keep their employees safe from fall accidents. They provide a hazards checklist that employers can refer to in the workplace. Employees use this to be more aware of possible hazards in their workplace so that they know what needs to be addressed.
The HSE has also designed a free slip assessment tool. This involves inputting all the relevant information into the software, whereby it will provide a slip risk “rating”. From this rating, employers can make decisions about what they can do to make their workplace safer.
In general, risk assessments should be carried out in every workplace. Employers should be completing them regularly so that the information is up to date and can be acted upon.
There are also more practical steps, such as ensuring the right cleaning methods are used or providing employees with the proper training and footwear. If you’ve been injured in a slip injury caused by your employer breaching their duty of care, you may be able to claim.
If you’ve had a fall, trip or slip at work, it’s always best that you seek medical attention for your injuries, whether that be going to A&E or making an appointment to see your GP.
Additionally, we recommend you report your accident in your workplace’s accident report book. You should have one of these on-site if your workplace has ten or more employees. If you are unable to fill out the report book yourself (e.g., you are unconscious), a colleague who witnessed the accident could fill it out for you.
If you have suffered a slip, trip or fall at work, a claim could be made for your injuries. However, you will need to prove that your employer breaching their duty of care caused your injuries. Evidence is crucial for proving negligence in personal injury claims. Some of the evidence you could gather when making a claim for a fall at work could include:
- CCTV footage of the accident.
- Eyewitness contact details (for a solicitor to collect a statement at a later date).
- A copy of your medical records stating your injuries.
- Photos of the accident site or your injury.
Contact one of our advisors today about starting a claim for a slip and fall at work, or about settlements for successful personal injury claims.
Below, we’ve included a table illustrating possible compensation amounts for injuries after a fall from a height. The compensation brackets included are taken from the 2022 edition of the Judicial College Guidelines. It is a publication that may be used by solicitors to help value injuries. The compensation brackets relate exclusively to general damages, which focus on compensating you for the pain and suffering your injuries have caused you.
As part of your claim, you’ll often be invited to a medical assessment. In this assessment, an independent expert will speak with you about your injuries and how they have affected you. The report produced from this assessment will be used to value your claim.
It is important to note that each case is valued individually, so you may not get the exact amounts shown in the table below.
|Knee Injury||Severe (i)||This bracket applies to severe knee injuries which have caused damage to the joint or ligament, leading to loss of function or considerable pain.||£69,730 to £96,210|
|Knee Injury||Moderate (i)||This applies to knee injuries where there may be a torn cartilage or dislocation. It could potentially result in weakness, minor instability, or other mild forms of disability.||£14,840 to £26,190|
|Back Injury||Severe (iii)||Disc fractures or lesions that lead to chronic conditions. Symptoms may include severe discomfort and pain with impaired agility regardless if the person has received treatment or not.||£38,780 to £69,730|
|Back Injury||Moderate (ii)||Backache caused by disturbed muscles and ligaments. Or soft tissue injuries that accelerate a pre-existing back condition by 5+ years.||£12,510 to £27,760|
|Wrist Injury||(a)||Wrist injuries that have caused a total loss of function.||£47,620 to £59,860|
|Wrist Injury||(b)||Wrist injuries that have caused some permanent disability, but some function remains.||£24,500 to £39,170|
|Ankle Injury||Severe||Ankle injuries that may require extensive treatment, such as pins or plaster casts. The injury may lead to instability or severe difficulty with walking.||£31,310 to £50,060|
|Ankle Injury||Moderate||Ligament tears or fractures. Injuries covered by this bracket may lead to moderate disabilities such as difficulty with walking for a long time.||£13,740 to £26,590|
|Hand Injury||(f)||Severe finger fractures that may lead to partial amputations. This could result in grip impairment and a deformity.||Up to £36,740|
|Hand Injury||(h) Moderate||Soft tissue injuries, deep lacerations and penetrating wounds would fall under this bracket.||£5,720 to £13,280|
What Else Can I Claim For After A Fall At Work?
In addition to claiming for general damages, your fall at work claim may also allow you to claim for financial losses caused directly by your accident and injury. Such losses are known as special damages.
Examples of financial losses you may be able to claim as special damages following accidents at work may include the following:
- Loss of earnings (both past and future losses if your injuries have prevented you from working)
- Travel expenses accumulated
- Expenses for adjustments made to your home so it is adapted for long-term/permanent injuries you are suffering from due to your fall at work.
- Personal property that was damaged or lost due to your work accident.
To claim for any special damages, you will need evidence of the expenses or financial losses which can be linked to your accident and injuries. Documents such as receipts, payslips or invoices may prove vital depending on what exactly you’re claiming for.
If you are eligible to make a personal injury claim for a fall, one of the solicitors on our panel could help you. They have years of experience handling various personal injury claims, including those for accidents at work. Additionally, they may offer to support your claim under a type of No Win No Fee arrangement known as a Conditional Fee Agreement (CFA).
When you work with a No Win No Fee solicitor in this way, you won’t be charged any upfront or ongoing fees for the work they complete on your case. Furthermore, if your claim fails, you won’t have to pay your solicitor for their services.
However, if your solicitor is successful with your claim, they will take a legally capped percentage from your compensation. This is known as a success fee.
To discuss your potential fall at work claim, get in touch with our advisors. If it seems like you have an eligible case, they could connect you with one of the solicitors from our panel.
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Thank you for reading our guide on if you can claim for a fall at work in the UK. We hope it answers all your questions. If you have any further questions, please don’t hesitate to get in touch at any time. See below for more useful pages.
Toxic Fume Inhalation Compensation Guide – An article detailing different compensation amounts that could be awarded if you’ve been harmed by the inhalation of toxic fumes.
Eye Injury Compensation After an Accident at Work – A guide to compensation amounts following an eye injury caused by an accident at work.
Your Legal Rights After Being Injured at Work – An article explaining if you should get paid after suffering an injury at work.
Royal Society for the Prevention of Accidents – A charity that aims to reduce the rate of accidental injury through advice and guidance.
Statutory Sick Pay – An explanation on how to claim statutory sick pay from the government if you’ve had to take time off work due to your injuries.
When Should I Visit A&E?- Guidance from the NHS on when to visit the emergency department at a hospital.
Dismissal due to an accident at work – Read about your rights.
We also have some other guides you may find useful:
- Brain injury claim
- Who pays work-related injury compensation?
- What happens if you get injured at work?
- How much compensation for a fall?
We hope this guide on when and how you can claim for a slip and fall at work has been useful. If you would like to speak to an advisor for more information, please get in touch.