In this guide, we will explore how and when you could make a fall at work claim. Whether you sustained injuries in a fall from a height or a slip, trip, or fall on the same level, you may be able to claim compensation if it resulted from your employer breaching their duty of care.
We will discuss the eligibility requirements in more detail throughout this guide, including the time limits surrounding accident at work claims
This guide will also touch on how a fall could occur in the workplace and the compensation that could be awarded for the injuries sustained if you make a personal injury claim.
Furthermore, it will look at the benefits of working with a No Win No Fee solicitor.
Our advisors are on hand to answer any further questions you have about the accident at work claims process. When you get in touch, they can evaluate your claim and offer you free legal advice. They can also provide more information on how one the solicitors from our panel may be able to help your claim get started. To find out more:
Choose A Section
- How Long Do You Have To Make A Fall At Work Claim?
- When Are You Able To Make A Fall At Work Claim?
- Potential Evidence That Could Be Used In A Work Injury Claim
- Compensation For A Fall At Work Claim- What Could You Receive?
- What Are The Benefits Of Seeking Fall At Work Compensation On A No Win No Fee Basis?
- Learn More About Claiming Fall At Work Compensation
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.
In order to make a fall at work claim, your injuries must be a result of negligence. Negligence occurs when you are injured after your employer breaches their duty of care. This duty is outlined in the Health and Safety at Work etc. Act 1974, and states that your employer must take all reasonably practicable steps to ensure your safety in the workplace.
If you can prove that your employer owed you a duty of care, and you were injured as a result of their failure to fulfill this duty, then you may be able to make a compensation claim.
How Can A Fall At Work Happen?
A fall at work can happen in a number of ways, including:
- Falling from a height as a result of your employer failing to provide safety equipment, such as a harness, resulting in serious injuries.
- Having a trip or fall over loose carpet in an office that was not clearly marked, resulting in sprains and broken bones.
- Falling down a flight of stairs as a result of inadequate or faulty lighting, which could result in broken bones or a brain injury.
If you want to know if you have an eligible compensation claim, contact our team of advisors today. They can evaluate your case in a free consultation, and may put you in contact with a solicitor from our panel.
Collecting evidence can be helpful when starting a claim, as it can help strengthen your case and establish who is responsible for your workplace injury. You can collect this evidence alone, or with the help of a solicitor. While you are not obligated to take up the services of a legal professional, a solicitor can help ensure that all avenues of evidence are explored.
Some examples of evidence for personal injury claims could include:
- CCTV footage: If your fall was caught on CCTV, you may be able to request this footage, and it can then be used as evidence in your claim. Similarly, if there is footage of the circumstances that led to the fall, this may also be useful.
- Accident book entries: Logging your accident and injuries in the accident book is helpful for a number of reasons. Not only does it help prevent the same accident from happening in the future, but it also creates a record of what happened and when.
- Photographs: Photographic evidence of your injuries can be helpful, as well as photographs of the accident site. For example, if you fell because of a broken handrail or tripped and fell over loose carpet at work, pictures of these sites could then be used as evidence.
A solicitor from our panel may be able to help you gather evidence and strengthen your fall at work claim. Get in touch with our team today to find out more.
General damages is the head of your claim that offers compensation for the pain and suffering you go through because of your injuries. This can include both physical injuries and psychological injuries, such as anxiety. When calculating your settlement, legal professionals will often refer to the Judicial College Guidelines (JCG).
The JCG offers guidelines for settlement awards by listing compensation brackets for a number of injuries. Some examples of these brackets can be found in the table below, but please note that these are not guaranteed amounts.
|Injury Type||Compensation Bracket||Notes|
|Moderately Severe Brain Damage (b)||£219,070 to £282,010||Physical or cognitive disabilities, with a constant need for professional care and a significant dependence on others.|
|Moderate Brain Damage (c) (ii)||£90,720 to £150,110||Moderate to modest intellectual deficit and risk of epilepsy with a reduction in the ability to work.|
|Severe Back Injuries (a) (i)||£91,090 to £160,980||The most severe injuries involving nerve root damage and spinal cord damage, all leading to very serious consequences.|
|Moderate Injury to the Pelvis or Hips (b) (ii)||£26,590 to £39,170||There are no major permanent disabilities, though there is significant damage to the pelvis or hips.|
|Moderate Neck Injuries (b) (i)||£24,990 to £38,490||Fractures and dislocations causing severe symptoms, potentially leading to spinal fusion.|
|Wrist Injuries (b)||£24,500 to £39,170||There is some useful movement remaining, despite a significant permanent disability.|
|Less Severe Elbow Injuries (b)||£15,650 to £32,010||No major surgery or significant disability but function is impaired.|
|Moderate Shoulder Injuries (b)||£7,890 to £12,770||Soft tissue injuries or frozen shoulder with limited movement.|
|Shoulder Injuries (e)||£5,150 to £12,240||Clavicle fracture.|
|Other Arm Injuries (d)||£6,610 to £19,200||Simple forearm fractures.|
Special Damages When Claiming For An Accident At The Workplace
Special damages can help you recoup any out-of-pocket expenses that are caused by your injuries. For example, if you have a broken leg after a fall in the workplace, and you have to take a taxi to and from work, you could claim the cost of those taxis back as special damages. Special damages could also cover the cost of:
- Home adjustments
- Medical bills and prescriptions
- Damaged personal goods, for example, if your phone was smashed when you fell
- Care costs
To learn what else you could claim for under special damages, get in touch with our team of advisors.
Under a Conditional Fee Agreement (CFA), a solicitor from our panel may be able to help you start your claim. With this kind of No Win No Fee arrangement, you will not have to pay any fees to your solicitor for them to begin work on your case. Similarly, you generally won’t be asked to pay any ongoing fees as your case progresses or if it fails.
If your claim is successful, a success fee will be paid to your solicitor. This is taken from your compensation award, though the percentage taken is legislatively capped. This allows you to take the majority of your settlement.
Contact Us For Free Today To See If You Can Claim For An Accident At Work
Our advisors are here to help. Through a free consultation, they can then give you legal advice and answer any questions you might have regarding the fall at work claims process. If your case is valid, they could put you in contact with one of our panel’s solicitors. To learn more:
For more helpful accident at work guides:
- Paralysis Injury Claims
- What You Need To Know About Neck Injury Claims
- What Are The Payouts For Arm Injury Claims?
To access further resources:
Get in touch with our team to start your fall at work claim today.
Writer Cat Hamster
Editor Meg McDonald