In this guide, we will explore when you may be eligible to claim personal injury compensation following a fall at work. Your employer owes employees a duty of care to take reasonable steps as a way to ensure your health and safety in the workplace. Throughout this guide, we will look at the relevant legislation outlining this duty and explain the steps you could take if it is breached, resulting in you sustaining an injury. Additionally, we will explain the time limits applicable to personal injury claims and the evidence you could obtain to support your work injury claim.
After falling at work, you could sustain a physical or psychological injury. These injuries can range from minor to severe and may affect your quality of life. They could also lead to you suffering financially, for example if your injury necessitates paying for childcare. This guide will look at how accident at work compensation can address the ways in which your injuries have impacted your life.
If you have any enquiries, you can speak to one of our advisors. Our team can provide confidential legal advice tailored to the details of your claim. They are available twenty-four hours a day, every day of the week. Therefore, you can get in touch at a time most suited to you.
To get in touch, please:
- Call our helpline on 020 8050 2736
- Get in contact using our online form
- Use our live support feature to speak with a team member
Choose A Section
- When Can I Claim For A Fall At Work? – A Guide
- Examples Of When A Fall At Work Could Happen
- What Compensation Could I Receive From A Work Injury Claim?
- Potential Evidence That Could Be Used After An Accident In The Workplace
- Why Make A Work Injury Claim On A No Win No Fee Basis?
- Learn More About How To Claim For A Fall At Work
The overarching legislation that lays out an employer’s duty of care is the Health and Safety at Work etc. Act 1974 (HASAWA). It states that employers must implement reasonably practical measures, such as performing risk assessments and providing proper training, to ensure the safety of their employees.
It is important to remember that not all accidents at work will lead to a personal injury claim, as certain criteria must be met to pursue compensation following a fall at work. First, your employer must have owed you a duty of care when and where the accident occurred. Then, your employer must have breached this duty of care. Finally, you must gave sustained either physical or psychiatric injuries as a result of the breach. This is the definition of negligence.
If you have sustained a workplace injury in a fall at work due to your employer breaching their duty of care, please speak to one of our advisors.
There are various causes of slips, trips, and falls in the workplace. For example:
- A spillage on the floor could lead you to slip and fall.
- An unmarked obstruction in a walkway could cause you to trip and fall.
- A broken section of railing on a stairwell leads to a fall from height.
- Poor and insufficient lighting on a stairwell causes someone to lose their footing and fall.
Should a work injury claim succeed, you could receive personal injury compensation for up to two different heads. These are general damages, which compensates for the pain and suffering caused by your injuries and any psychological damage, and special damages, which compensates for the financial losses caused by your injuries.
Firstly, we have provided a table containing guideline compensation brackets that relate to different injuries. To create this, we used a document called the Judicial College Guidelines (JCG), which can also be used by accident at work solicitors to aid them in the process of valuing the general damages portion of a personal injury claim.
|Injury||Severity||Notes on the Injury||Potential Compensation Amounts|
|Brain Damage||Moderate (c)(i)||The person will have no prospect of employment, a personality change, a moderate to severe intellectual deficit, an effect on their senses with a significant risk of epilepsy.||£150,110 to £219,070|
|Neck Injuries||Severe (a)(i)||This bracket can include neck injuries leading to permanent spastic quadriparesis or injuries associated with incomplete paraplegia.||In the region of £148,330|
|Arm Injuries||Severe (a)||The person will have an injury that falls short of amputation but is extremely serious and will mean the person is little better off than if the arm were lost.||£96,160 to £130,930|
|Arm Injuries||Less Severe (c)||Although there would have been significant disabilities, the person will have made a substantial degree of recovery or this will be expected.||£19,200 to £39,170|
|Leg Injuries||Severe (b) Very Serious (ii)||Injuries that fall within this bracket can cause the person to need mobility aids for the rest of their life as they result in permanent problems with mobility.||£54,830 to £87,890|
|Injury Affecting Sight||Complete Loss of One Eye (d)||The amount awarded for injuries within this bracket is dependent upon psychiatric consequences, age, and cosmetic effects.||£54,830 to £65,710|
|Hip and Pelvis Injuries||Severe (a)(iii)||This bracket includes many various injuries, such as the fracture of a hip or femur that is arthritic necessitating a hip replacement.||£39,170 to £52,500|
|Wrist Injuries||(b)||The wrist injury will result in significant disability of a permanent nature but some useful movement will remain.||£24,500 to £39,170|
|Back Injuries||Moderate (b)(ii)||This bracket covers a variety of frequently encountered back injuries, such as prolapsed discs which necessitate a laminectomy or result in repeated relapses.||£12,510 to £27,760|
|Chest Injuries||(d)||An injury within this bracket will be considered relatively simple, for example, a single penetrating wound. There will be no long-term significant effects on the function of the lungs.||£12,590 to £17,960|
Please remember that these award figures are a guide and not necessarily reflective of what you will receive.
Can Special Damages Make Up Part Of My Accident At Work Compensation?
Special damages is the second head of claim that can compensate for monetary losses incurred as a result of your injuries. For example, if you have sustained a broken leg, you may be unable to carry out your work, leading to you struggling financially from the loss of income, for which you could be compensated.
This could also cover expenses arising from medical treatment, travel to hospital appointments, and housing adaptations. It is important to note that you will need to provide evidence proving these losses, such as payslips and invoices.
If you would like to enquire how much compensation you could be eligible to receive following a fall at work, please speak to one of our advisors.
After sustaining injuries in a fall at work, it is advisable that you receive immediate medical attention. This can allow you to receive treatment for your injuries.
Additionally, if you meet the eligibility criteria to make a personal injury claim and pursue compensation, you should also gather evidence to strengthen your case. This could include:
- Medical evidence
- CCTV footage showing the accident
- Photographic evidence
- A copy of the report made in the accident book at work
- Witness contact details
Additionally, we recommend seeking legal advice. Our team of advisors can offer you guidance regarding the claims process and the steps you can take to seek compensation.
What Is The Work Injury Claim Time Limit?
There are time limits applicable to starting a personal injury claim. This is outlined by the Limitation Act 1980, which states that claims for an accident at work should generally be started within three years from the date the accident took place or the date you gained knowledge of employer negligence.
However, certain exceptions can apply in circumstances where the person lacks the mental capacity to bring forward a claim or was under the age of eighteen at the time of the accident. For more information regarding these exceptions in connection to your claim or insight into whether your claim is within the relevant time limits, speak to a member of our team.
Using the services of a solicitor can provide various benefits, although it is not a requirement when making a personal injury claim following a fall at work. Some of these benefits can include the following:
- Guidance throughout the claims process from a legal professional with experience.
- Help to gather and compile evidence.
- Aid in putting forward a complete claim.
What’s more, by agreeing to enter into a Conditional Fee Agreement (CFA) with a solicitor, one of the different types of No Win No Fee agreements, you would generally eliminate any payments for their services in the event your claim is unsuccessful. There also wouldn’t be any payments for these upfront or during the ongoing course of your claim.
However, a successful case can mean a solicitor working under a No Win No Fee agreement can take a small amount of the compensation. This is a percentage capped by legislation, referred to as a success fee.
Our Free Legal Advice Can Tell You If You Are Able To Claim For A Workplace Accident
Use one of the methods listed below to speak to one of our advisors, who are available 24/7. They can evaluate your claim and offer advice on your eligibility to pursue compensation. Should they find that you may have qualifying grounds to bring forward a claim, they could put you in contact with one of the No Win No Fee solicitors from our panel.
- Call our helpline on 020 8050 2736
- Get in contact using our online form
- Use our live support feature to write to a team member
Explore more of the articles on our website:
- How Much Compensation For Slipping On A Wet Floor Can I Claim?
- How To Make A Personal Injury Claim Due To A Concussion At Work
- The Most Common Cause Of Injury At Work
Also, take a look at the following external links for further information:
- Health and Safety Executive (HSE) – Working at height
- GOV.UK – Statutory Sick Pay (SSP)
- NHS – When to go to A&E
We hope that you have found this guide useful in learning more about making a personal injury claim following a fall at work. If you have any other questions, please get in touch using the details provided above.
Writer Jess Oliphant
Editor Meg McDonald