Fall From Height Claims

Working at height can be dangerous, particularly if the correct health and safety regulations are not observed. A fall from height, even from a relatively small distance, can cause serious injuries such as broken bones, head injuries and damage to internal organs. Falls from height are also among the most common causes of fatal workplace accidents in the UK.

If you or a loved one suffered an injury from a fall at work, you may be able to claim compensation. If your employer was at fault, an experienced solicitor could help you make a fall from height claim. This will cover your pain and suffering, as well as your financial losses and future care needs.

To find out if you could claim against your employer, call 0800 470 0474 today for free legal advice. Alternatively, you can use our online claim form to request a call back. A solicitor will assess your case and answer any questions you have about the claims process.

Find out if you can claim

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By submitting this form you agree to be contacted by our partners. Find out how we handle your data in our privacy policy. With no win no fee you typically pay 25% of your compensation if your claim is successful, but the fee can vary. Termination fees may apply if you fail to co-operate with your solicitor.

Table of Contents

• Employer duty of care to prevent a fall from height accident
• Can I make a claim for a fall from height at work?
• Evidence to support a claim for a fall accident
• Common types of falls leading to a claim
  • Falls from ladders
  • Falls from scaffolding
  • Working on roofs
• Most common injuries caused by fall accidents
• Can I be sacked if I claim for a fall at work?
• Can I claim compensation on behalf of a loved one?
• What is the time limit to start a fall from height claim?
• How much will my compensation claim be worth?
• Do personal injury solicitors offer a No Win No Fee service?
• Making a fall from height claim

Employer duty of care to prevent a fall from height accident

Employees working at height are at significant risk of injury whenever an accident occurs. The Work at Height Regulations 2005 aims to protect workers by placing obligations on employers to implement and maintain a safe working at height policy.

An employer’s first duty under the regulations is to avoid needing to work at height whenever possible. Although this may sound obvious, if you can perform a job from the ground, this naturally eliminates the risk of falling from height altogether. That could include using extendable tools from the ground level instead of a ladder or platform.

There are many jobs where you only have one option: to work from a height. This may involve using a stepladder or a ladder, working on scaffolding or using a cherry picker. In these cases, your employer must conduct regular risk assessments and ensure you can complete the work as safely as possible. That means the work should be adequately planned and supervised, carried out by competent workers and performed using the correct and well-maintained equipment.

Employers should also provide suitable personal protective equipment (PPE) to help reduce the risk of accidents and to minimise the impact of any subsequent injury from accidents that do happen. Depending on your job tasks, the equipment for working at height could include safety helmets and harnesses.

Statistics produced by the Health and Safety Executive show that in 2022/23, falling from height was the leading cause of fatal accidents at work. During this period, 40 people died, and many others suffered severe injuries from a fall accident.

Can I make a claim for a fall from height at work?

If you had a fall at work and believe that your employer was at fault, you may be entitled to claim compensation. As with all accident at work claims, it must be possible to demonstrate the following to have a valid case:

• Your employer has failed in their duty of care to provide you with a safe working environment
• Your sustained injuries and other losses as a result of this failure

If you intend to start a claim for injury compensation, it is essential to keep in mind that strict time limits are in place. You have a limit of three years to initiate your claim from the date of the accident. If you fail to meet this deadline, it is unlikely you can proceed further, regardless of how bad your injuries may have been.

To find out if you can claim fall at work compensation, call 0800 470 0474 today for a free case assessment. Within a few minutes, a friendly legal adviser can let you know if you have a valid claim and give you an idea of how much compensation you could be entitled to.

Evidence to support a claim for a fall accident

If you were injured due to a fall from a height at work, you need relevant evidence to make a claim for compensation. By default, the other side will likely deny liability for your injuries. Thus, you must be able to prove how the accident occurred and how it has affected your life. The evidence you could use to do this includes:

• Photographs of the accident scene, including any hazards that contributed to the fall accident;
• Names and contact details of co-workers or other witnesses who can state what caused your fall:
• If security cameras recorded your accident, you have the right to ask for a copy of the CCTV footage;
• Photos of any visible injuries and the healing process;
• Your solicitor may arrange a free medical exam with a specialist. They will assess any ongoing care needs and long-term effects of your injuries;
• The details of your fall should be recorded in the company’s accident book as soon as possible after your accident. A copy of the report form will prove the date, time and location of your fall;
• A report from the Health and Safety Executive if they investigated what caused your fall accident;
• A personal record of the incident, including the date, time, location, weather conditions, and what you were doing just before the fall;
• You also need evidence like receipts and invoices to claim for your financial losses and expenses.

You should also ensure that you seek medical attention for your injuries, whether this means a trip to your local hospital or visiting your GP. That will mean that your injuries and their cause will be registered in your medical records. These are essential to prove the type and severity of your injuries and the treatments you received.

Common types of falls leading to a claim

Many situations may lead to a fall from height injury at work. Although most commonly associated with working in construction, factories or warehouses, fall accidents can occur in all work environments. Even working in a supermarket, office, or school may require staff members to do some tasks at height, even if only on rare occasions.

Here are some of the most common causes of accidents that can result in injury:

Falls from ladders

Working on ladders or stepladders is the most common cause of fall from height accidents at work. These could be due to using a ladder that is too small for the job, which means the worker is forced to stretch and can lose their balance. Ladder accidents can also be caused by faulty ladders, using them on unstable ground or without sufficient training and supervision.

In some other cases, using a ladder may be unsuitable for the job. For example, an employee may need to do labour-intensive tasks while working on a ladder, where a scaffold tower would be a safer and more appropriate solution.

Other causes include a lack of stabilisers at the base of the ladder or the failure of co-workers to foot the ladder to prevent it from slipping away.

Falls from scaffolding

Scaffolding is often used to provide a safer alternative to ladders when working at height for long periods. However, if these structures are not appropriately erected, maintained in good condition, and fitted with the correct safety barriers, they can be very dangerous. As well as the risk of a scaffold tower collapsing, a worker could fall due to a missing safety bar or a damaged scaffold board.

Working on roofs

Working on roofs poses a significant risk of injury and is amongst the most common causes of severe injuries and work-related deaths. As well as during its construction, roof work may be required for cleaning or repairs. If a roof is fragile or damaged, it may not be able to hold a person’s weight, which can result in them falling through the roof and sustaining injury.

If you suffered an injury after falling from height in the workplace, a solicitor could help you make a fall accident claim.

Most common injuries caused by fall accidents

The range of injuries that can result following a fall from height at work is vast. The type and extent of the injury will often depend on various factors, such as the height of the fall, what the person has landed on and whether they were using or wearing any relevant personal protective equipment.

Some of the common types of injuries include:

• Broken bones and fractures in various parts of the body, including the arms, legs and ribs
• Head and brain injuries that may range from minor concussions to severe brain trauma
• Back and spinal cord injuries, resulting in paralysis or loss of sensation in various parts of the body
• Deep lacerations that may require stitches and cause scarring
• Internal injuries, such as damage to organs like the liver, lungs, or kidneys
• Soft tissue injuries, including bruises, contusions, sprains, and strains
• Dislocations, which occur when the bones in a joint are forced out of their regular positions
• Psychological injuries, such as depression, anxiety and post-traumatic stress disorder (PTSD)

The type of injury you sustained will determine how much compensation you deserve. As mentioned above, falling from height is also the cause of many fatal accidents in the workplace. If you have lost a family member due to an accident at work, you may be entitled to claim compensation against those responsible.

Can I be sacked if I claim for a fall at work?

If you have been injured as a result of a fall accident at work, it is your legal right to claim compensation. You can rest assured that all employers must have insurance against employee personal injury claims. If you secure fall at work compensation, the insurer will cover your damages, and your employer will not be out of pocket.

Unfair dismissal laws in the UK make it illegal for your employer to sack you for taking legal action. Furthermore, they cannot treat you differently or force you to leave your job against your will because of their conduct (constructive dismissal). For example, they cannot:

• Demote you for no reason or not pay you
• Let other employees harass you
• Force you to accept unreasonable changes in your work schedule

If you have suffered any retaliation after making a fall from a height claim, a solicitor can help you take further legal action at an employment tribunal. The tribunal may order your employer to reinstate you, award you compensation, or take other corrective measures.

Can I claim compensation on behalf of a loved one?

If a loved one suffered a severe injury after a fall at work and cannot claim by themselves, you can do this on their behalf. To do this, you must apply to the court to assign you as their litigation friend. Before appointing you, the court will ascertain that:

• Your interests do not conflict with theirs
• You can make decisions about the case fairly and competently

Once you become a litigation friend, you will have several responsibilities, such as:

• Help collate evidence to support a fall from height claim
• Instruct solicitors and take legal advice
• Deal with correspondence and sign legal documents
• Make decisions about the case and any compensation offers
• Ensure the claimant attends all medical appointments
• Keep them informed about the progress of the case
• Pay any fees requested by the court

Falls from height are one of the most common causes of death at work. You could also start a compensation claim if you lost a loved one due to a fall accident that was someone else’s fault. If you were a dependant of the deceased, your claim could include:

• The financial benefits expected from your loved one, such as income, healthcare benefits, lost pensions and other alternative income
• Compensation for the loss of services they provided, such as childcare, property maintenance and DIY projects
• Certain funeral expenses like the headstone, embalming of the body and wreaths
• The financial losses and expenses your loved one suffered between the date of injury and passing away, such as lost wages and care costs
• A bereavement award of £15,120 for your grief and suffering

What is the time limit to start a fall from height claim?

If you sustained an injury whilst working at height, you have three years from the date of the accident to make a claim. This time limit is set by the Limitation Act 1980, which also provides for several exceptions to this rule:

• If your injuries are not immediately apparent, the limitation date starts from the date of knowledge. This date refers to when you became aware or should have reasonably become aware of your injuries and that another party is responsible for them.
• For minors, the three-year time limit starts on their 18th birthday. They will afterwards have until turning 21 to claim personal injury compensation.
• The time limit is put on hold if the injured person has suffered a severe brain injury following a fall and lost their mental capacity to claim. A litigation friend could claim for them at any time. The three-year time limit begins if they recover from their injury.
• If a loved one was killed in a fall accident, you can start a claim within three years after their death.

In any case, you should seek the advice of a claims solicitor as early as possible. That will ensure the events are fresh and you or any witnesses will remember all the essential details. This will also make gathering all the necessary evidence and building a solid case easier.

How much will my compensation claim be worth?

The amount of compensation you could receive for your accident will depend on several factors. These include the type and severity of your injuries, their long-term effects, the cause of the accident and others. A fall from height claim will consist of two types of damages:

Special damages cover the financial losses and expenses incurred after the fall accident. These may include:

• Loss of earnings and earning capacity
• Travel costs to medical appointments
• Prescriptions and medical aids
• Cost of care, if you have needed help with daily activities during the recovery
• Private treatments and rehabilitation
• Modifications to your home or vehicle

General damages cover the fall injury and the subjective impacts on your life, such as:

• Physical pain and suffering
• Emotional and psychological trauma
• Physical and mental disability
• Scarring and disfigurement
• Loss of consortium or companionship
• Reduced quality of life or life expectancy
• Loss of amenities and enjoyment of life

Special damages are determined based on evidence, such as payslips and receipts. General damages are based on historical cases and the guidelines from the Judicial College. Our compensation calculator offers various examples of general damages based on the type and severity of different injuries.

After a thorough assessment of your claim, your solicitor can let you know the maximum amount of compensation you could expect to receive.

Do personal injury solicitors offer a No Win No Fee service?

If you have a valid fall from height claim, the solicitors we work with will be happy to offer you a 100% no win no fee* agreement. This service gives everyone who had a fall at work the chance to claim compensation, without worrying about their financial situation.

The conditional fee agreement your lawyer will offer you means that you do not have to pay them anything upfront for legal representation. Furthermore, you do not pay them at all if your case fails. This arrangement makes the whole process risk-free and gives you peace of mind that you will not be left out of pocket.

Moreover, your solicitor will take legal expenses insurance at the start of your claim. The After the Event (ATE) insurance policy will cover all your costs and disbursements if your case fails, including:

• Court and counsel fees
• Medical reports
• Costs of printing and copying
• Travel expenses related to the case
• Expert witness fees
• The defendant’s costs and legal representation

Under the no win no fee agreement, you only have to pay anything if you receive fall from height compensation. This will include a success fee of a maximum of 25% of your settlement to your solicitor and the cost of the ATE insurance premium.

Making a fall from height claim

If you had a fall at work and suffered damages, an injury solicitor can help you recover the compensation you deserve on a no win no fee basis. At Injuryclaims.co.uk, we work in partnership with specialist personal injury lawyers available throughout the UK who have years of experience handling all types of work accident claims, including those relating to falling from heights.

To find out if you can start a personal injury claim, contact us today by calling free on 0800 470 0474 for a case assessment. This consultation is an opportunity to discuss your accident with an experienced solicitor and to receive advice on the potential success of your claim. You can also use our online claim form to request a no-obligation call back.