Ladder Accident Claims – A Guide to Claiming Compensation

Falls from height are one of the most common reasons for workplace accidents in 2022/23 according to government statistics. Due to the risks of using ladders in the workplace, employers have a duty of care to try and prevent accidents from happening. If they fail to meet their obligations and you fall from a ladder at work, you could be entitled to compensation for any subsequent injuries. Therefore, we’ve written this guide to explain the claims process for work-related ladder accident claims.

If you are thinking of claiming compensation after falling from a ladder, we can help. Our team offers a free initial consultation where your claim will be reviewed and you’ll be offered no-obligation legal advice. If the claim appears to be strong enough, we could connect you with an accident-at-work solicitor from our team. If they agree to represent you, they’ll work on your ladder injury claim on a No Win, No Fee basis.

To contact our team you can:

• Call 0333 241 2519 to discuss your case.
• Use our free live chat service to ask any questions.

If you’ve sustained a ladder injury at work, getting legal advice after the incident promptly can greatly improve your prospects of receiving compensation for the pain, suffering, and financial losses you’ve incurred.

What Types of Ladders Accident Claims Can We Help With?

We’ve listed some common causes of workplace ladder accidents that might lead to a personal injury claim against an employer, including:

• Not being trained properly on how to work at height.
• Being given a poorly maintained or damaged ladder to use.
• Not being provided with PPE such as a hard hat when using a ladder.
• Being told to use a ladder on a construction site that was too short or where scaffolding should’ve been erected.
• Working in adverse weather conditions (as instructed by your employer).

If you’ve sustained a ladder-related injury at work and believe that your employer was negligent, please let us know and we’ll review your options for free.

Can I Make a Ladder Accident Claim?

In all workplaces, employers must abide by the rules of the Health and Safety at Work etc. Act 1974. This means taking reasonable steps to protect their staff’s well-being.

When it comes to working with ladders, two other pieces of legislation may extend your employer’s duty of care. These are:

• The Work at Height Regulations 2005. This introduces the idea of trying to use alternative ways to get jobs done rather than working at height if possible and conducting risk assessments where such work can’t be avoided.
• The Provision and Use of Work Equipment Regulations 1998. This law means that all workplace equipment (including ladders) needs to be fit for purpose, used for its intended purpose and well maintained.

As such, you might be entitled to make a ladder accident claim when:

• At the time of your accident, your employer owed you a duty of care.
• Your employer negligently caused the ladder accident.
• You sustained an injury because of the ladder accident.

Please get in touch if you’d like us to check if you’re entitled to file a ladder accident claim.

Common Types of Injuries Caused By Accidents On Ladders

Effectively, you could claim compensation for any type of injury sustained in a ladder-related accident at work. Some examples of common injuries we can help with include:

• Serious spine injuries including those leading to paralysis.
• Fractures and dislocations.
• Personal injuries i.e. to arms, elbows, knees and legs.
• Traumatic brain injury (TBI).
• Severe bruising, cuts and lacerations.
• Psychological suffering.
• Back injury at work.

All of the above as well as anything other than the most minor sprains and strains could lead to a ladder accident compensation claim. Additionally, if a loved one fell from height because of a faulty ladder and has suffered a serious or life-changing injury, we could help you to claim on their behalf.

If you’d like us to check if you could claim compensation because of a ladder accident at work, please call today.

What Should I Do Following a Ladder Accident at Work?

If you are injured whilst using a ladder at work, you should:

• Tell your employer about the accident as soon as you’re able to.
• Visit A&E or a minor injuries unit to have any injuries treated.
• Ensure the incident is recorded in the accident report book.

The Health and Safety Executive (HSE) investigate some serious accidents such as those leading to paralysis. Therefore, if the ladder accident is investigated, you should comply with the HSE and provide any information they request.

What Evidence Can Be Used for Ladder Injury Claims?

You should aim to provide as much evidence as you can if you want to receive compensation for ladder-related injuries. That’s because your employer will usually be represented by their insurers in the claims process. If they believe that you can’t prove the extent of your injuries or why your employer is liable for them, they could refuse to pay out.

Some examples of evidence that can make ladder accident claims stronger include:

• Photographs of the accident scene and pictures of any ladder defects.
• Statements from colleagues or bystanders who saw what happened.
• Medical records including scans and X-rays to confirm your injuries.
• CCTV or mobile phone recordings of the accident.
• A copy of your company’s accident report form.

All of the above can go some way to proving your case. If one of our accident-at-work solicitors agrees to help you claim ladder injury compensation, they could also request HSE reports and other forms of evidence where available to prove your case.

How Long Do I Have to Claim Ladder Accident Compensation?

You will usually have 3-years to claim for your injuries from the date of your ladder accident. While that’s a fair bit of time, it’s usually a good idea to get the ball rolling sooner rather than later. That’s because a) you’ll be compensated sooner if your case is won and b) it’s easier to find the evidence to support your claim.

If a loved one has suffered brain injuries or lacks the mental capacity to deal with a claim, you could claim on their behalf and there is no time limit for doing so.

To find out how we can help with ladder injury compensation claims, please speak to one of our specialists today.

How Much Compensation for a Ladder Accident Claim?

There is no set amount of compensation for work-related ladder injuries. Instead, each ladder accident claim is based on how much pain and suffering was involved (general damages) and any money you’ve lost (special damages) as a result of your injuries.

To help work out the value of your injuries, your medical records will be obtained. Also, your solicitor will book an independent medical assessment so that a specialist can discuss the impact of your injuries with you. Their report will explain your prognosis and will be sent to your solicitor and employer.

Once your injuries are understood, your solicitor may refer to similar cases and also settlement brackets listed in the Judicial College Guidelines (JCG) to help value them.

On top of any general damages you receive, you could be paid special damages for financial losses linked to your injuries such as:

• Care costs.
• Present and future loss of earnings.
• Medical and rehabilitation costs.
• Travel expenses.
• The cost of making improvements to your home to improve your quality of life (for more serious injuries at work).

If you’d like us to value your ladder accident claim, please call our legal advisors now.

Can I Claim Compensation if I’m Not Employed Full-Time?

As mentioned at the start of this guide, employers have a duty of care towards their worker’s health and safety. Crucially, this duty extends to all types of employees – not just full-time staff.

As such, if you were injured in a work-related ladder accident caused by employer negligence, you could claim compensation as a self-employed worker, a contractor, an agency worker, a zero-hours worker or a consultant.

Please call our team if you’d like to know more.

Do You Need a Solicitor for Ladder Accident Claims?

Legally, you can make a ladder accident claim without instructing a solicitor. However, as mentioned earlier, the claims process can be challenging if your employer’s insurers contest liability for the accident or the extent of your injuries. In this scenario, having an accident at work solicitor on your side should make navigating the process easier and it might lead to an improved settlement offer.

If your ladder injury claim is accepted by a solicitor on our panel, some of the services they could provide include:

• Contacting your employer and lodging a personal injury claim on time.
• Finding evidence to try and prove your case.
• Handling negotiations and trying to deal with objections on your behalf.
• Sending you regular updates about how your claim is progressing.
• Using their legal skills and training to best ensure any settlement offer is fair.

By using a Conditional Fee Agreement (CFA) to fund their work, your solicitor will provide a No Win, No Fee service if your ladder accident claim proceeds. The CFA means that:

• You won’t pay your solicitor a penny for their work upfront.
• If the claim fails, you don’t pay your solicitor for their time and effort.
• A percentage of any compensation you’re awarded will act as your solicitor’s success fee.

Legally, when a CFA is used, the maximum success fee percentage is 25 per cent. Therefore, you’ll always retain the bulk of any compensation payout.

To find out if you could make a No Win, No Fee ladder accident claim, please call our team today.

Do Ladder Accident Claims Go To Court?

In our experience, court hearings in most accident-at-work claims are not the norm. Generally, both parties want to reach an amicable settlement so that the expense and time involved in court proceedings can be avoided.

However, in some instances, a solicitor may take the case to court if:

• They believe the case is strong; and
• The employer won’t accept liability; or
• The employer’s settlement offer is deemed to be too low.

If your claim is handled by one of our No Win, No Fee work injury solicitors and ends up in court, you’ll be supported all of the way through the hearing.

Contacting Us About a Ladder Accident Claim

You are free to contact us at any time to discuss your ladder accident at work claim. To do so, you can:

• Call 0333 241 2519 to speak with one of our specialists.
• Use our live chat service.

If you get in touch, we’ll assess your claim for free and provide no-obligation legal advice about how to proceed. We won’t pressure you but, if your ladder accident claim is feasible, we could connect you to one of our No Win, No Fee accident at work solicitors.