Last Updated 22nd July 2024. In this guide, we’ll look at when injuries from slips, trips and falls at work could form the basis of a claim. Employers owe their employees a duty of care. If they do not fulfil this, and you are injured as a result, this amounts to negligence, and you could be owed compensation.
This guide will cover key information that you should know about the personal injury claims process. For example, we’ll look at the scenarios that may lead to a claim and how long you have to start the process. In addition to this, we’ll address how much compensation you could be owed and the benefits of seeking representation on a No Win No Fee basis.
If you have any questions, please get in touch with an advisor from our team. To do so:
- Call us on 0208 050 2736
- Contact us online
- Use the live chat
Choose A Section
- Can I Make A Slip, Trip And Fall At Work Claim?
- What Are The Causes Of Slips, Trips And Falls In The Workplace?
- Can I Make A Compensation Claim For A Fall From A Height?
- Can I Claim If I Slipped On Ice At Work?
- How Do I Prove That My Employer Was At Fault For The Fall?
- How Much Compensation Can I Claim For A Slip, Trip And Fall At Work?
- What Is The Process Like To Claim Compensation For A Fall?
- How Personal Injury Claims UK Can Help You
- Read More About Slips Trips And Falls In The Workplace
Can I Make A Slip, Trip And Fall At Work Claim?
So, when could you claim after a fall at work? Slips, trips, and falls make up 32% of all reported non-fatal accidents at work, according to statistics published by the Health and Safety Executive (HSE).
But not all slips, trips, and falls in the workplace will result in a successful claim, or even a valid one. This is because the key to making a valid claim is negligence.
Negligence occurs when you are injured because someone breached their duty of care towards you. All employers owe their employees a duty of care under the Health and Safety at Work etc. Act 1974 (HASAWA). This states that they need to take all reasonably practicable steps to keep you safe while working.
The steps that your employer is expected to take can vary depending on your job role, but an example can include making sure walkways are clear of obstructions or clutter. Failing to do this could result in an employee tripping over debris, and injuring their knee.
If you were injured in a fall at work because your employer failed to uphold their duty of care, contact our team of advisors today.
Is There A Time Limit To Claim For A Fall At Work?
An important aspect of the claims process is ensuring you start your fall at work claim within the relevant time limit. Under the Limitation Act 1980, you will typically have three years to start your claim. This can begin on:
- The date you were injured
- The date that you make a connection between your injuries and a breach of duty.
However, there are some exceptions to these time limits, which include:
- If the injured person is under the age of eighteen: The time limit is suspended until the person’s eighteenth birthday and ends on their twenty-first birthday. At any point during this time, a suitable adult could apply to act as a litigation friend so they can claim on your behalf.
- If the injured person lacks the mental capacity to claim: The time limit is suspended indefinitely. If the person regains the mental capacity to claim, the time limit will begin on the date of their recovery. Otherwise, a litigation friend can claim on their behalf at any time.
Our advisors can tell you whether you are within the time limit to make an accident at work claim and can discuss the exceptions when you get in touch today.
What Are The Causes Of Slips, Trips And Falls In The Workplace?
A fall at work can occur for a variety of reasons. If the fall is the result of your employer failing to ensure a safe working environment, you could potentially claim compensation. Some example scenarios have been included here:
- A water leak caused a slip hazard in a warehouse. Your employer failed to post a warning sign or arrange for the hazard to be cleaned up in a reasonable time frame. You slipped and fell on the water, damaging your ankle and left arm in the fall.
- Your employer did not carry out the routine maintenance checks on the company ladders, and consequently, a fault was missed. You were instructed to use this ladder for some roofing work. When you were coming back down, the ladder gave way, and you fell from a height, breaking multiple vertebrae.
- Boxes left on a walkway created a trip hazard, causing you to fall and sustain a hand injury while carrying goods.
To learn more about making a slip at work claim or to ask any questions about the accident at work claims process, contact our advisors today using the contact information given above.
Can I Make A Compensation Claim For A Fall From A Height?
A category of workers who are at a greater risk of suffering an injury in a fall is those who work at a height. Examples include:
- Roofers
- Scaffolders
- Tree surgeons
- Telecommunications engineers, who may have to climb up poles to make fixes and repairs
- Joiners and those who work in construction. Some jobs on the likes of construction sites may require you to work at a height
- Window cleaners
- Crane operators
- Wind turbine engineers
In all of these job roles, your employer should conduct risk assessments to identify all potential hazards in relation to falls. They should then take steps to guard against these risks. For example, you may require safety harnesses and supervision from colleagues in order to complete certain tasks.
If your employer fails in their duties, such as not providing you with proper training and equipment, causing you to fall, you could claim compensation. To check if you’re eligible, get in touch with us for free using the details above.
Can I Claim If I Slipped On Ice At Work?
Slipping and falling on ice can lead to an accident in which serious injuries can be suffered. If an employer is responsible for an area in which ice can form, then they are responsible for its upkeep and maintenance, especially during times of cold and icy weather.
As part of this duty, your employer is expected to ensure a good standard of housekeeping. This includes ensuring that icy surfaces, including in employee car parks and work yards, are either cleared, gritted or sign-posted to warn of the danger.
If your employer fails to take these steps and you slip and fall, you could claim compensation. We can help you. Get in touch for free today to get a free eligibility check.
How Do I Prove That My Employer Was At Fault For The Fall?
Evidence can help prove that negligence occurred. You can take the following steps to gather sufficient evidence in support of your claim:
- Request CCTV footage of the accident.
- Keep track of how the injury has affected you through a diary.
- Request copies of your medical records such as scans and prescriptions.
- Take photographs of your injury and the accident site.
- Obtain contact details of potential witnesses. Any potential witness may be interviewed at a later date.
You could also seek representation from a legal professional. A solicitor could help you gather sufficient evidence as well as build and present your case in full.
For more information on how you can file a compensation claim for a workplace injury, get in touch using the number at the top of the page.
How Much Compensation Can I Claim For A Slip, Trip And Fall At Work?
The compensation that you could be owed for a successful claim may be made up of two heads. These are called general and special damages. Firstly, general damages look to compensate you for any pain and suffering caused by your injuries. This accounts for both physical and psychological harm.
We have drafted a table of compensation amounts using figures that have been taken from the Judicial College Guidelines (JCG). This is a document that is used by legal professionals to assist them when valuing claims.
However, these figures should only be used as guidance due to each claim being different.
| Injury | Severity | Compensation Bracket | Details |
|---|---|---|---|
| Back | Severe (a)(i) | In the region of £181,020 | Involves damage to the spinal cord and nerve roots resulting in a number of very serious consequences not commonly found in back injuries. |
| Moderate (b)(i) | £30,500 to £46,970 | Fractures or dislocation that immediate symptoms and may require spinal fusion. | |
| Foot | Very severe | £83,960 to £109,650 | Symptoms, such as continuing and severe pain or a very serious disability. |
| Knee | Severe (a)(ii) | £63,610 to £85,100 | Leg fracture extending into the knee joint causing constant permanent pain and impairing agility |
| Moderate (b)(i) | £18,110 to £31,960 | Dislocation, torn cartilage or meniscus resulting in minor instability. | |
| Elbow | Severely Disabling Injury (a) | £47,810 to £66,920 | An elbow injury causing severe disability. |
| Leg Injuries | Severe (b)(ii) | £66,920 to £109,290 | An injury that leads to permanent issues with mobility and the need for aids, such as crutches. |
| Less Serious (c)(i) | £21,920 to £33,880 | Serious soft tissue injuries or fractures from which an incomplete recovery is made. | |
| Wrist | Loss of function (a) | £58,110 to £73,050 | An injury that leads to the total loss of functionality in the wrist. |
| Permanent Disability (b) | £29,900 to £47,810 | Some useful movement will remain although there will be significant permanent disability. |
Can I Claim For The Money I Lost Because Of The Fall At Work?
Secondly, you could be awarded special damages for any financial losses you have incurred because of your injuries. This could account for:
- Loss of earnings
- Home adaptations
- Care costs
- Medical expenses
- Travel expenses
It is important to gather evidence to strengthen your claim. This can be done through:
- Receipts
- Invoices
- Bank statements
If you would like a personalised insight as to how much compensation you could be owed, please get in touch with our team.
What Is The Process Like To Claim Compensation For A Fall?
The process of claiming compensation for a fall under personal injury law is straightforward and made simple with the help of an accident at work solicitor. It generally involves these steps:
- Investigations – the first step is to investigate the claim in full. This involves obtaining all available evidence, such as photographs, CCTV footage and witness statements.
- Presenting The Claim – the next step is to present the claim to your employer. It’s not your employer who pays compensation, however, but their employer’s liability insurer. The insurer will investigate the case themselves.
- Negotiations – with all evidence obtained and the defendant having reviewed the case, a decision on liability is usually made. If the defendant admits fault, negotiations can take place. In some cases, further evidence may be required.
It’s very unlikely that your case would reach court. Around 95% of all claims are resolved before reaching that stage.
If you have any questions about the process of claiming compensation after a fall at work, please get in touch. We’re more than happy to answer any questions, big or small.
How Personal Injury Claims UK Can Help You
If you claim with a solicitor from our panel, they might offer you a version of a No Win No Fee agreement called a Conditional Fee Agreement (CFA). This means that there are generally no legal fees to be paid upfront or while your claim is ongoing.
Furthermore, this means that payment for your solicitor’s services is typically only required if your claim is won. If your claim is lost, you won’t pay them for the work they’ve done.
In the event of a successful claim, a capped-by-law success fee will be deducted from your payout by your solicitor.
If you would like to know whether you are eligible to be represented on a No Win No Fee basis, please get in touch. They can also offer general guidance on claims for slips, trips and falls at work.
Get A Free Eligibility Check
Our advisors can provide you with a free consultation to determine whether you have a valid claim. If you do, they could connect with a solicitor from our panel who may be able to assist you with your case. To get in touch:
- Call us on 0208 050 2736
- Contact us online for further help
- Use the live support option opposite.
Read More About Slips Trips And Falls In The Workplace
Here we have included some links to more of our own guides that may be able to help you:
- I had a trip and fall at work – can I claim?
- Self-employed injury at work claims
- Most common causes of injuries at work
Furthermore, we have provided you with additional guides relevant to this topic:
- NHS – First Aid
- GOV – Statutory Sick Pay
- Health and Safety Executive – Reportable Incidents
Thank you for reading this guide on how to claim for slips, trips and falls at work caused by employer negligence.