Fall From Height Claims – A Guide to Claiming Compensation

Working at height can be dangerous no matter what type of job you do. Whether you’re working on scaffolding in construction or up a ladder in an office, if safety precautions aren’t taken, you could be exposed to a serious risk of injury. If you are injured in a fall from height accident at work, and your employer is to blame, you could be compensated for your suffering. Therefore, we’ve written this guide to answer some of the most common questions on fall-from-height claims.

If you have been injured in a fall at work, we offer a free initial consultation where we’ll assess your claim and offer no-obligation legal advice about your options. Furthermore, if your claim is suitable, we could partner you with one of our accident-at-work solicitors. If you both agree to work together, your claim will be processed on a No Win, No Fee basis which should make everything a little less stressful.

For free advice on how to claim for a fall from height at work, you can:

• Call one of our specialists on 0333 241 2519.
• Ask questions via our live chat channel.

Getting legal advice as soon as possible after a fall from height can significantly enhance the chances of receiving compensation for the pain, suffering, and financial losses you’ve incurred due to the accident.

Can I Make a Fall From Height Claim?

Whatever type of work you do, your employer must comply with the rules of the Health and Safety at Work etc. Act 1974. This places a general duty of care on them to try and protect your welfare.

If your job requires you to work at a height, other legislation such as the Work at Height Regulations 2005 might also apply. This piece of legislation aims to stop fall from height injuries (including fatal) from occurring at work.

To comply with their duty of care, before working at height is prescribed, employers should:

• Try to avoid working at height if it is practical to do so.
• Use the right type of equipment to try and prevent falls where working at height can’t be avoided.
• Try to minimise the height at which work is carried out.
• Ensure there is a safe route for staff to move to and from where they need to work.
• Train all staff on how to work safely at height.
• Maintain all equipment properly and make sure it’s fit for purpose.
• Carry out risk assessments regularly and consider emergency rescue procedures.

If your employer does not take practical steps to try and keep you safe while working at height, their negligence could allow you to claim compensation for any subsequent injuries.

You might be entitled to start a personal injury claim following a fall from height if:

• At the time of your fall, you were owed a duty of care by your employer.
• Your employer’s negligence caused the accident in which you fell from a height.
• You sustained injuries that can be directly linked to your fall.

If you believe your case meets the fall from height eligibility criteria, we’d suggest speaking to a specialist today about starting a claim.

What Fall from Height Injuries Can We Help Claim Compensation For?

Some of the most common injuries that could result in a fall from height claim that we can help with include:

• Broken bones.
• Serious head and brain injuries.
• Neck and back injuries including those resulting in paralysis.
• Soft tissue injuries.
• Psychological suffering.
• Life-threatening injuries.
• Fatal injuries.

If you or a loved one has been affected by a fall from a height in the workplace, please let us review your options for free.

Common Examples of Falling from a Height Caused by Negligence

Some examples of how a worker’s fall from height could be caused by negligence include:

• Where they were told to work on a scaffold in adverse weather conditions (wind, rain etc).
• If a worker fell from height after being given a ladder that was known to be damaged.
• Where the employer failed to provide a safety harness for a member of staff who subsequently fell from a scissor lift.
• If a worker fell from a ladder after overreaching because they’d not been trained on how to work at height safely.

Please let us know if you’ve been involved in a fall from height and believe that you should be compensated.

What Should I Do After Falling from a Height at Work?

If you have fallen from a height at work, some of the steps you should take include:

• Above all, seek medical treatment for any injuries.
• Report the accident to your employer as soon as you possibly can.
• Write down as much as you can about the accident at your earliest opportunity.
• Ensure your accident is recorded in the accident report book.

Many serious workplace injuries must be reported to the Health and Safety Executive (HSE). As such, you should comply with any investigation into what happened if you are asked to do so.

What Evidence Can Be Used for Fall from Height Claims?

When claiming compensation for fall from height injuries, you’ll need to prove a) how the fall happened, b) who caused it and c) the extent of your suffering.

This can be achieved by supplying evidence such as:

• Video footage of your fall if it was recorded by CCTV or on a mobile phone.
• Details of any medical treatment and copies of your medical records.
• Contact information for any potential witnesses.
• Photographs of the accident scene.
• Your copy of the fall from height accident report form.

During your free consultation, one of our specialists will happily review what evidence is available to support your claim.

What is the Time Limit for Fall from Height Claims?

All personal injury claims in the UK have a 3-year time limit. This is stipulated by the Limitation Act 1980. Usually, when claiming for a fall from height, the limitation period starts on the date of the accident. However, if the claimant suffers serious injuries and as a result they lack the mental capacity to take action, the time limit won’t apply until their capacity is regained. In this scenario, a friend or relative could take action at any point after applying to become a litigation friend.

We would suggest that it’s best to start your fall from height claim as soon as possible. That’s because, the sooner you start, the sooner you’ll be able to concentrate on recovering from your injuries.

What Compensation Can I Claim for Injuries from a Fall from Height?

No two fall from height accidents at work are the same but, generally, any compensation that’s awarded for your injuries will cover:

• Pain, suffering and loss of amenity caused by physical and psycholical injuries (general damages).
• Additionally, you could also be entitled to compensation for financial losses (special damages).

To ascertain how you’ve suffered, your solicitor may request copies of your medical records, X-rays and prescriptions. Additionally, they may ask an independent medical expert to assess your injuries as well.

After that, your injuries may be confirmed with data from the Judicial College Guidelines (JCG). For that reason, we’ve listed some example settlement brackets for common fall from height related injuries in the following table. Please note that settlements can vary a lot on a case-by-case basis so these amounts are not guaranteed compensation payouts.

• Mild back injuries, encompassing strains, sprains, soft tissue injuries, or a slipped disc, and considering factors like recovery time and necessary treatment, may lead to compensation of up to £12,510.
• Compensation for a range of moderate back injuries with persistent pain or discomfort, may fall between £12,510 and £38,780.
• Victims suffering from extreme brain damage leading to unresponsiveness or a vegetative state may be entitled to compensation ranging from £282,010 to £403,990.
• Compensation for moderately severe head injuries causing significant brain damage, loss of limb sensation, personality changes, or mental disabilities may range between £219,070 and £282,010.
• Less severe arm injuries resulting in restricted movement or disability, yet with significant recovery, may attract compensation between £19,200 and £39,170.
• Significant pelvis injuries but not major disability may result in compensation between £26,590 and £39,170.
• Less severe leg injuries, from simple fractures or soft tissue damage to muscle-impacting fractures with incomplete recovery, may lead to compensation of up to £27,760.

The costs that might also form part of a fall from height at work claim include:

• Medical treatment costs.
• The cost of a carer.
• The cost of changing the layout of your home to make it more accessible if you have a permanent disability.
• Travel expenses.
• Personal property replacement costs.
• Lost income (including future losses).

If you’d like us to help you work out how much compensation for a fall from height that you could be entitled to claim, please speak to a member of our team today.

Can Compensation Be Claimed for Fatal Falls from Height?

Unfortunately, falls from height were the most common reason for work-related deaths in 2022/23 according to the HSE.

If you have lost a loved one following a fall from height at work, our team can help you understand what options are available. For example, you might be able to claim for your loved one’s suffering after their fall on behalf of their estate.

Additional compensation might also be payable for funeral costs, loss of companionship and if you were financially dependent on your loved one’s income.

If you do wish to claim on this basis, please get in touch and let one of our friendly specialists guide you through the next steps.

How Is Liability in Fall from Height Claims Established?

When your solicitor contacts your employer to start a fall from height claim, they’ll ask them if they accept liability for the accident. If they do, the claim will progress and a suitable compensation settlement should be negotiated.

However, if the employer does not agree that they were to blame, various forms of evidence will be swapped by both parties. This could involve evidence supplied by you, witness statements or investigation reports as discussed earlier.

Hopefully, after this process has been completed, it will become clear who was liable for the accident and the claims process can move on.

Will I Need a Solicitor for a Fall from Height at Work Claim?

You do not have to take on legal representation when claiming compensation for a fall from height at work. That said, the claims process can be much easier if you take on a specialist solicitor for workplace accidents. That’s because they’ll use their legal training and understanding of the pre-action protocols to manage the claims process on your behalf.

If your claim is taken on by one of our solicitors, they’ll:

• Ensure that your claim is filed in the correct manner and on time.
• Find any evidence needed to support your claim.
• Handle all negotiations and fight your corner where required.
• Send you regular updates about how the fall from height claim is progressing.
• Try to achieve the maximum compensation you’re entitled to rather than accepting the first offer received.

Another benefit of working with our solicitors is that they offer a No Win, No Fee service. This means that:

• Your solicitor’s work doesn’t need to be paid for in advance.
• You don’t pay for your solicitor’s service during the claims process or if it is lost.
• A success fee will only be deducted from any compensation if the claim is won.

The type of contract used by our solicitors in fall-from-height compensation claims is called a Conditional Fee Agreement (CFA). When funding your solicitor’s efforts with a CFA, the maximum percentage that can be taken as a success fee is 25 per cent.

Call today to find out if one of our No Win, No Fee solicitors could represent you.

How Long Do Fall from Height Accident Claims Take?

There are no set timeframes for work-related personal injury claims. That’s because most claims are different to the next and several factors can have an impact on resolution times.

In our experience, if you have completely recovered from your fall from a height injuries and your employer accepts that they were responsible for your accident, your compensation payout could be received in 6 to 9 months.

The claims process can exceed a year and beyond in some cases though. This could be the case if your suffering is ongoing or if negotiation is still needed to resolve who was liable for your accident.

Contacting Us About a Fall from Height Claim

Hopefully, our guide on fall from height claims guide has helped you decide what to do next. If you plan to take legal action against your employer, we’re ready to help. To get in touch, you can:

• Phone 0333 241 2519 and ask for your free consultation.
• Use our live chat service to speak to an online advisor.

We’ll provide no-obligation legal advice in a completely free initial consultation to discuss your options. If your claim appears to be feasible, we could connect you with one of our solicitors who’ll work on a No Win, No Fee basis if your fall from height claim is taken on.