In this guide, we will discuss the eligibility criteria you must meet to claim for a fall at work. Additionally, we also explain the legal responsibilities that your employer has and offer examples of how you may be injured if they do not fulfil their duty to you in the workplace.
Our guide also discusses compensation for a fall at work and what payout you could potentially receive. Moreover, we outline what resources personal injury solicitors may consult when valuing your injuries.
As well as this, we look at the time limitations for making claims of this nature. Our guide also lists the evidence that would be beneficial to gather as part of the claims process.
Furthermore, our guide discusses the benefits of a No Win No Fee agreement and what these usually entail if you are offered one by an accident at work solicitor.
If you would like to know more about making a claim after a fall in the workplace, please continue reading. Or, if you have any questions, please contact our team in the following ways:
- Call us on the number at the top of the page
- Contact us through our online form
- Use our live advice to discuss your queries with our advisors
Fall at work claims guide
When Are You Eligible To Claim For A Fall At Work?
Under the Health and Safety at Work etc. Act 1974, your employer has a duty to take reasonably practicable steps to ensure your safety at work. In order to claim, you should be able to illustrate that:
- Your employer owed you a duty of care.
- They breached this duty.
- This breach caused your injuries. These three criteria form the basis of negligence.
If this can be shown, then it is likely to demonstrate your employer’s liability.
Examples of circumstances in which you could suffer a fall at work include:
- Your employer may provide you with a faulty or damaged ladder. You may fall from a height if this breaks.
- You could slip, trip or fall if a wet floor was not properly signposted.
- A handrail near some stairs may be faulty, causing you to fall at work.
- A scaffolding accident may occur if it hasn’t been constructed properly, causing you to fall.
When claiming compensation for the injuries you sustained from your accident at work, it is important to have evidence which supports your claim. Please keep reading to find out more.
What Is The Work Injury Claim Time Limit?
A personal injury claim for a fall at work will be subject to a time limit which should be adhered to. The Limitation Act 1980 states that generally, you have three years from your accident to start a claim or from the date you became aware of the negligence involved.
There are exceptions to this:
- If a person is under eighteen at the time, they have three years from their eighteenth birthday to claim.
- A person lacking the mental capacity to claim will have three years from the day they regain this.
Both of these circumstances are applicable if a litigation friend has not already made claim on behalf of the individual. Call our team to learn more about the exceptions.
What Compensation Could You Receive From A Work Injury Claim?
You could be entitled to receive personal injury compensation for your fall at work. There are two heads of claim that can form the settlement you receive. One of them is general damages, which cover the pain and suffering you have experienced because of your injuries sustained in an accident at work.
When valuing your injuries, legal professionals may consult the Judicial College Guidelines when valuing this head of claim. These provide compensation brackets for different injuries. Figures are shown in the table below for injuries you may sustain from a fall. However, these amounts are not definite and should only be used as a guide.
| Injury | Severity | Notes | Value |
|---|---|---|---|
| Head | Very Severe (a) | There is little response to the environment and a lack of language function. | £282,010 to £403,990 |
| Head | Moderately Severe (b) | There is a constant need for professional care and serious disabilities. | £219,070 to £282,010 |
| Back | Severe (a) (i) | Damage to the spinal cords and nerve roots. | £91,090 to £160,980 |
| Back | Severe (a) (ii) | Nerve root damage causing a loss of sensation and limited mobility as well as other issues. | £74,160 to £88,430 |
| Leg | Severe (b) (iii) | Serious injuries such as compound and comminuted fractures. | £39,200 to £54,830 |
| Neck | Severe (a) (iii) | Fractures, dislocations, and severe soft tissue damage. | £45,470 to £55,990 |
| Neck | Moderate (b) (ii) | Soft tissue or a wrenching-type injuries are included in this bracket. | £13,740 to £24,990 |
| Arm | Less Severe (c) | A substantial recovery has happened or will happen from a significant disability. | £19,200 to £39,170 |
| Hand | Severe Finger Fractures (f) | These result in deformity and may result in partial amputation. | Up to £36,740 |
| Shoulder | Serious (b) | Dislocated shoulder with lower brachial plexus damage. | £12,770 to £19,200 |
Special Damages In A Workplace Accident Claim
Another form of compensation you could claim for is special damages. These aim to recover the monetary losses you incurred as a result of your injuries. Evidence will be important in demonstrating these financial impacts.
Examples of such include:
- Public transport tickets to show the costs of travel
- Payslips to illustrate a loss of earnings
- Invoices or bank statements to show the costs of home or car adaptations
Please call our team for more information on the accident at work compensation you could be awarded following a successful claim. An advisor can provide an estimate of the value of your claim.
Potential Evidence That Could Help You Claim For An Accident At Work
As previously mentioned, gathering evidence is an important part of the claims process. It can provide proof that your employer’s breach of duty resulted in your injuries, whether it was a minor accident or one of a more serious nature.
After receiving the medical attention you require, you should consider collecting some forms of evidence, including:
- CCTV footage and photographs of the injuries and site of the accident
- Copies of medical records and a diary showing the symptoms and mental impact of your injuries
- Witness contact information
- A record of the incident in the accident at work book
Our Panel Of Accident At Work Solicitors Could Help You Make A No Win No Fee Claim
When making a claim for an accident at work, it may be financially beneficial to consider using the services of a solicitor who offers a No Win No Fee agreement. A popular kind of this is a Conditional Fee Agreement.
These typically mean that you will not be obliged to pay for your solicitor’s services if your claim is unsuccessful. With this arrangement in place, if your claim is successful, your solicitor will take a success fee.
A success fee is a proportion of your award that your solicitor will deduct. The Conditional Fee Agreements Order 2013 does legally cap the amount they are allowed to take and the fee will have been discussed before you chose to enter the arrangement.
For more information about making a fall at work claim on this basis, please contact our team.
Contact Us For Free 24/7 Legal Advice About Starting A Fall At Work Claim
If you would like to know more about claiming for an accident at work or wish to discuss the compensation you may be entitled to for your injuries sustained in a fall at work, please get in touch with an advisor.
Our advisors can offer a free consultation and provide legal advice to help you in your claims process.
You can reach them by:
- Calling our number at the top of this page
- Completing our online form to contact us
- Speaking with us through our live chat feature
Learn More About Claiming For A Fall At Work
If you found our guide useful, you can find more of our information linked below:
- Claiming Compensation For Trailing Leads Compensation
- Arm Injury At Work
- Fatal Accident At Work Claims
For further information, please visit the external resources listed:
- Statutory Sick Pay – Government Guidance
- Risk Assessments – Health and Safety Executive
- Back Pain – NHS
Thank you for reading our guide on when you can claim for a fall at work. If you have any other questions, please don’t hesitate to get in touch with our advisors using the details provided above.
Writer Emily Marrow
Editor Meg Martin