In this guide, we will look at the process of making a fall from a height claim after an accident at work. In order to claim compensation for an injury you have sustained, you will need to show that the accident happened because of a breach of duty of care. This means that someone was responsible for ensuring your safety but failed to do this.
This guide will look to explain what responsibilities people have in regards to the safety of others when you could be eligible to make a claim following a fall from a height and what compensation you might be awarded for your injuries.
There are a number of different situations in which you could be owed a duty of care. We will explain each of these, alongside what this duty of care means.
Our advisors can help you determine how much you could receive. They could also connect you with a personal injury solicitor from our panel to work on your claim.
You can get in touch by:
- Calling the number at the top of the page
- Using the contact page
- Speaking to someone through the live chat feature
Fall from a height claim guide
Select A Section:
- Explaining A Fall From A Height Claim
- How Could A Fall Happen?
- What Could I Do To Begin A Fall Accident Claim?
- Determining A Settlement Figure For A Fall From A Height Claim
- Could I Have A No Win No Fee Agreement For My Claim?
- More Resources About Fall From A Height Claims
Explaining A Fall From A Height Claim
Both employers and people in charge of public spaces or places have a duty of care towards their employees and members of the public to make sure the areas they are in charge of is safe to use.
This is set out in legislation:
- The Occupiers’ Liability Act 1957 outlines the duty of care owed by those in control of public spaces towards those who use them for the intended purpose
- The Health and Safety at Work etc. Act 1974 states that employers should take all reasonably practicable steps to ensure your safety at work.
If you fall from a height because someone breached the duty of care that they owed you, various serious injuries could occur, such as a leg injury or a broken hip. You may be able to claim for any injuries you sustain. You will need to show that:
- You were owed a duty of care
- This duty was breached
- You were injured as a result
For more information on making a fall from a height claim, speak with one of our advisors today.
How Could A Fall Happen?
An employer could breach their duty of care and cause a workplace accident by:
- Failing to provide the right Personal Protective Equipment (PPE) such as non-slip shoes. If you’re working at a height on certain surfaces, you might need special footwear to prevent you from slipping and falling.
- Making workers work at a height when there are alternative options available. For example, asking employees at a building site to assemble the equipment at a height when this could more safely be done on the ground.
- Leaving spills without cleaning or signposting them within a reasonable timeframe. If this spill is at a height, it could cause someone to fall and injure themselves.
- Objects left around that obstruct a hallway or on scaffolding at a construction site could potentially be tripped on and cause a fall as well. Various common injuries, such as fractures, could occur on a construction site as a result.
For the occupier of a public space, negligence could entail:
- Failing to put up clear signs and warnings for things like faulty railings. This could cause someone to lean on a railing that is not able to support them, causing them to fall and sustain an injury.
- Failure to install guard rails or similar barriers at a height.
These are not the only ways that a fall from a height accident could occur. You can contact an adviser now if you would like any more information about making a claim. They will be able to assess the strength of your particular case and if you have a valid fall from a height claim, could connect you with a No Win No Fee solicitor from our panel.
What Could I Do To Begin A Fall Accident Claim?
If you’re planning on pursuing compensation for injuries you sustained as a result of negligence, it’s a good idea to seek medical attention as soon after the incident as possible. This will ensure that you get the medical attention you need for your injuries. In some cases, you might need to seek emergency medical attention from a hospital. In other cases, it might be sufficient for you to visit a doctor or a walk-in centre in the days following.
You can also collect evidence in support of your claim. This could include:
- Witness details. They may be able to provide a statement corroborating your version of events.
- CCTV footage. You can request CCTV that shows the circumstances of your accident.
- Photographs of the scene of the accident.
- Notes detailing how the injury has affected your day-to-day life
- Financial records of the costs you have incurred as a result of the injury
You can contact an adviser now to see if they could connect you with a solicitor from our panel to help you with your fall from a height claim.
Determining A Settlement Figure For A Fall From A Height Claim
When you claim compensation, you can receive compensation in two different heads of claim. The first of these is called general damages, and it relates to the pain and suffering caused by your injuries.
The Judicial College Guidelines (JCG) is a publication that is used to value personal injury claims. It’s a collection of guidelines settlement brackets for various injuries, based on previously awarded compensation in court settlements.
Below, we have included some injuries that could occur as the result of a fall and the associated JCG bracket.
Injury Notes Award
Minor Brain or Head Injury Minimal, if any, brain damage £2,070 to £11,980
Less Severe Brain Damage Good recovery, but not all normal functions will be restored £14,380 to £40,410
Neck Injuries: Minor (i) Full recovery within 1 to 2 years £4,080 to £7,410
Neck Injuries: Minor (ii) Full recovery within 3 months and a year £2,300 to £4,080
Neck Injuries: Minor (iii) Full recovery within 3 months Up to £2,300
Fracture of Clavicle Depending on extent of fracture, remaining symptoms and treatment required £4,830 to £11,490
Back Injuries: Minor (i) Full recovery, or recovery to nuisance level, without surgery within 2 and 5 years £7,410 to £11,730
Back Injuries: Minor (ii) Full recovery without surgery within 3 months and 2 years £2,300 to £7,410
Back Injuries: Minor (iii) Full recovery within 3 months Up to £2,300
Wrist Injuries: (a) Loss of function of the wrist £44,690 to £56,180
The head of claim you could receive for your financial losses is known as special damages.
You can be compensated for costs directly tied to your injury. It can cover:
- Travel costs to and from medical appointments
- Loss of earnings
- Damage to property
It’s important to maintain financial records of the costs you incur. Without proof, you might find it difficult to claim all of these costs back.
You can talk to an adviser now to see what you could be awarded in your fall from a height claim.
Could I Have A No Win No Fee Agreement For My Claim?
No Win No Fee agreements are a way of funding legal representation for a fall from a height claim. It’s not a legal requirement to seek legal representation, but the support and guidance of a solicitor will be able to help you navigate the claims process.
No Win No Fee agreements are common practice in personal injury claims. Under this kind of agreement, your solicitor would agree to not charge you an upfront fee for their services, nor would they charge you ongoing fees. Their payment would come only on the condition that your claim was successful and you were awarded compensation. Their fee would be a legally capped percentage of the compensation. If you were not to be awarded compensation, they would not charge you a fee.
Talk To Us About Fall From A Height Claims
Our panel of solicitors take on personal injury claims on a No Win No Fee basis. If you have a valid claim, you could be connected with a No Win No Fee solicitor from our panel.
You can get in touch by:
- Calling the number at the top of the page
- Using the contact page
- Speaking to someone through the live chat feature
More Resources About Fall From A Height Claims
We’ve included some links below that you might find useful:
- Find out more about Statutory Sick Pay
- The Royal Society for the Prevention of Accidents offers guidance about reducing the risk of accidental injury
- Learn more about broken bones from the NHS
As well as providing advice on making a fall from a height claim, we also offer guides on:
- A guide to accident at work claims
- Claim compensation if you’ve been injured by a moving object at work
- Manual handling injury claims
- How to claim compensation for hand injuries at work
- How to claim compensation after a head injury at work
- A guide on claiming compensation for a workplace injury
- Claim compensation after suffering a finger injury at work
- How to claim compensation for eye injuries at work
- Forklift accidents at work
- How to claim compensation for a knee injury at work
- Back injury at work claims
- Finding construction accident solicitors
- Making a claim for a sprained ankle at work
- Making a claim for a concussion at work
- How to make factory accident claims
- How long do I have to claim after an accident at work?
- What are my rights after an accident at work?
- What do I need to do after an accident at work?
- Working with serious injury solicitors
- A guide to claiming compensation for fatal work accidents
- How to make a work injury claim
- Tips on preventing an accident in the workplace
- Can my employer sack me after an accident at work?
- How to claim for an accident at work