Falling objects are a big hazard in both the workplace and in public. In some cases, being hit by a falling object can cause serious injuries, ranging from a concussion to brain damage. If that has happened to you in an accident through no fault of your own, please continue reading to see what your options are for making a personal injury claim.
Important Points
- You will typically have 3 years from the date of the accident to file a personal injury claim.
- Compensation can reflect the psychological, physical, and financial impact of your injuries.
- Evidence is needed to show that you have a valid claim for compensation.
- Many different injuries can be sustained after being hit by a falling object
- Our panel of solicitors provide their services on a No Win No Fee basis.
If you have any immediate questions regarding personal injury claims, reach out now using the details below:
- Call our advisors on 0800 408 7825
- Contact us online
- Talk to an advisor using live chat
Jump To A Section
- Can I Make A Compensation Claim If I Was Hit By A Falling Object?
- How Much Falling Object Accident Compensation Could I Get?
- Can I Claim Compensation For Other Damages Caused By The Accident?
- How Being Hit By A Falling Object May Occur
- The Common Injuries Sustained When Objects Fall On Someone
- Is There A Falling Object Claim Time Limit?
- Will I Need Evidence To Prove Negligence Caused Something To Fall On Me?
- How Can Public Interest Lawyers Help My Claim?
- Learn More
Can I Make A Compensation Claim If I Was Hit By A Falling Object?
Yes, you can make a compensation claim if you were hit by a falling object, so long as you have evidence that:
- A liable party owed you a duty of care
- They breached this duty in some way
- This breach caused you to suffer an injury
A duty of care is simply the obligation that a third party has towards the safety of others. That duty is governed by various pieces of legislation, depending on whether you were hit by a falling object at work or in public.
Falling Object At Work
The Health and Safety at Work etc. Act 1974 imposes a duty of care on employers. It requires employers to use reasonable measures to ensure the safety, health, and well-being of workers. To meet that duty, employers can, for example, provide personal protective equipment where needed, give appropriate training, and conduct regular inspections.
Falling Object In Public
As per the Occupiers’ Liability Act 1957, the party in control of a public space (also known as the ‘occupier’) owes you a duty of care. This specifically entails taking practical steps to ensure you are reasonably safe when visiting a space. Occupiers may be liable if their failure to conduct risk assessments or take other such measures results in you being hurt after being hit by a falling object.
Whether you have suffered an injury at work or in a public place, reach out now so one of our advisors can assess whether you have an eligible claim.
How Much Falling Object Accident Compensation Could I Get?
Various factors can determine how much falling object accident compensation you may get in a successful claim. The starting point of your claim is general damages, covering any pain and suffering you have experienced because of your injury. General damages take many considerations into account, including:
- The severity of an injury
- The impact the injury has had on an individual’s quality of life
- The presence of psychological injury
- Whether there is disfigurement or deformity
- Any lasting effects, such as mobility issues or a permanent disability
Please find below a table containing suggested compensation brackets sourced from the Judicial College Guidelines (JCG). This publication pairs such brackets with a wide range of injuries. Personal injury solicitors often refer to the JCG to assist them in calculating general damages.
The first row in our table has not come from the JCG, and these compensation brackets should be referenced as a guide only.
| Type of Injury | Severity | Compensation Bracket |
|---|---|---|
| Multiple Very Severe Injuries with Special Damages (e.g. Loss of Wages and Care Costs) | Very Severe | Up to £1 million+ |
| Paralysis | Tetraplegia | £396,140 to £493,000 |
| Paraplegia | £267,340 to £346,890 | |
| Shorter Durations | £60,210 | |
| Brain Damage | Very Severe | £344,150 to £493,000 |
| Moderately severe | £267,340 to £344,150 | |
| Moderate (i) | £183,190 to £267,340 | |
| Moderate (ii) | £110,720 to £183,190 | |
| Neck | Severe (i) | In the Region of £181,020 |
| Back | Severe (ii) | £90,510 to £107,910 |
If you would like to learn more about compensation in personal injury claims, please contact our advisors for free by phone or online.
Can I Claim Compensation For Other Damages Caused By The Accident?
Yes, you can claim compensation for other damages caused by the accident in the form of special damages. Your personal injury solicitor will consider special damages if a financial loss or a sequence of financial losses has occurred. For example:
- Private treatments, occupational therapy, and other medical expenses
- Loss of income, including future earnings
- Costs of care from both loved ones and professionals
- Property adaptations to improve accessibility. This is often necessary in cases where a claimant has suffered mobility issues
- The expense of attending medical appointments
In the event that your falling object injury has affected you financially, you will need to provide evidence to claim for those losses. That might include medical bills, payslips, and invoices.
If you would like to find out more about special damages, get in touch for free guidance from one of our advisors.
How Being Hit By A Falling Object May Occur
Being hit by a falling object can occur in many different ways. In fact, 10% of non-fatal workplace injuries reported to the Health and Safety Executive (HSE) in 2023/4 were caused by being struck by moving objects. The HSE is the UK’s regulator for workplace safety.
Below, you can find examples showing how a potentially valid claim might arise:
Accidents at Work
- Employees have reported a loose-fitting strip light in the office, but management has repeatedly delayed repairs. Subsequently, the light falls onto an employee while they’re working at their desk, leaving them with a serious head injury.
- An employer fails to conduct regular inspections in a warehouse, resulting in a poorly maintained shelving unit falling on an employee. The employee suffers several crush injuries.
Accidents In Public
- Stock has been stacked precariously in a supermarket due to inadequate staff training. Whilst a customer is shopping, the stock falls from a height onto their head, causing them to sustain a brain injury that leaves them with long-term cognitive impairment.
- A construction crew doesn’t seal off a pedestrian path near the building they’re working on and fails to display warning signs. A piece of loose debris falls on a member of the public while they are walking down the path, causing severe lacerations to their head and face.
If one of these examples has happened to you or is similar to your particular situation, get in touch to see if one of our advisors can help start your compensation journey.
The Common Injuries Sustained When Objects Fall On Someone
Please find below some examples of the common injuries sustained when objects fall on someone:
- Lacerations and Penetrating Wounds: If the individual is hit by a falling object that is sharp, such as metal or glass, they may suffer a deep cut, tear, or penetrating trauma.
- Breaks and Fractures: Particularly bulky or heavy objects striking an individual from a height can cause breaks or fractures due to the force of the impact.
- Brain and Head Injury: Due to the nature of this type of accident, the most likely body part a falling object will injure is the brain and head. Here, severity may range from a minor concussion to severe brain damage.
- Facial Disfigurement or Deformity: Individuals are also at risk of facial injuries, including fractures and damage to the teeth, eyes, and nerves.
If you would like to share the specifics of how you were injured by being hit by a falling object, please connect with one of our expert advisors. They’re available 24/7, so someone is always available to answer any queries you might have.
Is There A Falling Object Claim Time Limit?
Yes, there is a falling object claim time limit, which is typically 3 years from the date of the accident, as per the Limitation Act 1980. This is called the limitation period and applies to when a claim must be started.
However, there are exceptions where the time limit is paused for individuals who cannot claim for themselves:
- Suppose the person harmed by the falling object lacked mental capacity. In that case, the time limit will only apply if they regain capacity. The 3-year timer will begin from the date mental capacity returns.
- If the individual is a minor, then the 3-year time limit will run from the child’s 18th to their 21st birthday.
In both cases, a litigation friend can claim on behalf of someone else while the timer is paused. This role can be assumed by any adult (typically a family member or solicitor) who is then responsible for decision-making, representation, and communication regarding the personal injury claim.
Contact our advisors today if you’re unsure whether your hit by a falling object claim falls within the limitation period.
Will I Need Evidence To Prove Negligence Caused Something To Fall On Me?
Yes, you will need evidence to prove negligence caused something to fall on you. This is because proof can validate your claim and strengthen the case for compensation. Most importantly, your evidence must demonstrate that a third party breached their duty of care towards you, causing you to suffer a falling object injury.
Forms of evidence that can contribute to your falling object injury claim include:
- Medical records
- CCTV footage, if you believe your accident and injury were captured on camera
- Photographs of the accident site. For instance, there may be visual signs that the supermarket had left its shelving in a serious state of disrepair. You could also document any visible injuries caused by the falling object
- An accident logbook
- Contact details from witnesses. That information can be given to your solicitor so that they can collect supportive statements for the claim
The thought of gathering evidence can be overwhelming, especially if you’re still recovering from your injuries. However, help will be available if you decide to work with one of the solicitors making up our panel. Contact our friendly advisors today to learn more.
How Can Public Interest Lawyers Help My Claim?
You can get help from Public Interest Lawyers with your claim from the moment you reach out to our advisory team. They can provide you with a confidential assessment to determine if you have a case for compensation. If eligible, they can put you in touch with an expert solicitor from our panel so you can get started with your falling object injury claim.
Our panel of solicitors offer high-quality services under the No Win No Fee terms of a Conditional Fee Agreement contract (CFA). They work under CFAs because they believe no eligible claimant should be held back from hiring a solicitor because of their financial situation.
When claiming through a CFA, you will be able to pursue compensation without the worry of being charged any solicitor fees:
- At the start of your claim
- While the claim is ongoing
- If your claim fails
Should your claim win, you will pay for your solicitor’s work through a success fee. This is paid directly out of your final settlement as a capped percentage, as outlined by The Conditional Fee Agreements Order 2013.
Not only will you get access to the above benefits, but also a long list of services to assist your falling object injury claim. For instance, a solicitor from our panel will:
- Gather proof on your behalf, review the documentation, and put it all together into a cohesive body of evidence
- Expertly represent you in both negotiations and case-related correspondence
- Break down how everything works in the compensation claims process
- Arrange access to medical treatment that might not be available on the NHS
- Communicate with the defendant’s solicitors and keep you informed at all times
- Organise an independent medical assessment to assess the harm done
- Make sure that all instructions are followed to the letter and all deadlines are met punctually
Both our advisors and our panel of solicitors are dedicated to providing tailor-made support to every client, so they can focus on what matters. Let them handle the process of securing compensation while you navigate your recovery.
Contact Our Team Of Advisors
If you’d like to find out what other benefits and services you could access, reach out for free using the details below:
- Call our advisors on 0800 408 7825
- Contact us online
- Talk to an advisor using live chat
Frequently Asked Questions
Please continue reading to see answers to several frequently asked questions about claiming after being hit by a falling object.
Can I Claim On Behalf Of A Loved One?
Yes, as discussed earlier in this guide, you can claim on behalf of a loved one if they are unable to pursue compensation for themselves.
What If A Loved One Was Killed By A Falling Object?
In the devastating event that a falling object kills your loved one, you may be able to claim for the impact of the death under the Fatal Accidents Act 1976. For more in-depth guidance on fatal accident claims, please reach out to one of our advisors.
Will I Be Sacked If I Make A Claim Against My Employer?
No, you cannot be sacked for the act of making a claim against your employer.
Would I Need To Go To Court As Part Of My Claim?
It is unlikely that your claim will need to go to court, as most cases are settled before that might have to happen. In the rare event a case goes to court, it is usually because negotiations over compensation have failed or the defendant refuses to accept liability.
How Long Until My Compensation Is Paid To Me?
There is no definitive timeframe for how long you might have to wait for compensation to be paid to you. Every claim has its own unique circumstances, ranging from how difficult evidence is to obtain to whether disagreements over compensation emerge during negotiations.
Learn More
Some more guides by us:
- Have you experienced a severe accident at work? Read our guide on how to claim for a serious accident at work.
- Has the severity of your injury affected your mental health? See our guide on PTSD compensation.
- Have you been involved in an accident at work and are unsure about the next steps? Read our guide on how to report a workplace accident.
Some additional resources:
- Do you believe your falling object accident was caught on camera? Learn how to request CCTV footage of yourself from GOV.UK.
- Would you like information on coping with a traumatic injury? Read up on coping after a traumatic injury from the NHS.
- Do you want insight into how risks are managed at work? Learn about managing risks and risk assessment at work from the Health and Safety Executive.
Thank you for taking the time to read our guide on being hit by a falling object.