Falls From Height At Work Compensation Claims

If you’ve been injured following a fall from height at work then you may be able to make a claim for compensation. If the fall was caused by negligence on the part of your employer, then they could be liable, and the compensation you’re awarded could cover any costs caused by your injuries and help you put your life back together.

No matter what kind of work you do your employer has a duty of care to keep you as safe as possible at all times. Fall from height claims happen when your employer fails in that duty

If your employer doesn’t take the steps needed to keep you safe when you’re working at height and you fall then they have been negligent. If you suffer an injury as a result of that fall then you may be able to make an accident at work claim.

We’ve handled multiple fall from height claims over the years, and combine our legal expertise with empathetic support. We understand how serious and traumatic injuries of this kind can be, as well as the impact that even a more minor fall from height at work can have on your ability to live your life or even earn a living.

Claiming compensation for a fall from height which wasn’t your fault could be the first step toward getting your life back on track. As well as compensating directly for the physical and psychological impact of your workplace fall from height, the money you are awarded could cover things like loss of earnings, medical expenses and other costs caused by your injuries.

If you’ve suffered an injury caused by a fall from height at work then get in touch with us today. Our consultation service is free of charge and completely confidential. If we think it sounds like your employer has been negligent and that was why you fell, we’ll do everything we can to make sure that you get the compensation you’re legally entitled to

Can I Make A Fall From Height Compensation Claim?

You are eligible to make a fall from height compensation claim if your case meets certain criteria. The first of these is that you have fallen from height and been injured when doing so.

Your employer has a legal duty of care to keep you safe when working at height. The law around this is set out in the Health and Safety at Work Act 1974. Under this duty of care, they should take steps to identify any risks involved in the work you’re doing and remove those risks where possible.

You may be able to make a claim for compensation if:

• Your employer neglected to ensure that the work at height you were doing was as safe as possible
• You had a fall from height as a result of this negligence
• You suffered injuries as a direct result of your fall from height

There are many ways in which an employer might be negligent when you are working from height. The Work at Height Regulations 2005 state that your employer has to do the following to make sure that you are safe when working at height:

• Provide you with the appropriate training
• Provide you with the right personal protective equipment (PPE) such as a hard hat
• Conduct a risk assessment before the work at height begins
• Makes sure that all of the equipment you use is in good working order
• Make sure that the surfaces you work on at height are dry, stable and cleared of any obstacles

The failure to do any of these represents negligence on the part of your employer, and means that you may be able to make a fall from height compensation claim. It doesn’t matter whether you are employed full-time, part-time, on a zero hours basis.

If you’re self-employed or sub-contracted then the company which hires you also has a duty of care to you, just as an employer does. If you have a fall from height and suffer an injury then you have the same legal right to claim for compensation as any other employee.

If you’re still unsure about whether you can make a fall from height compensation claim, then contact us today.

Common Causes Of Fall From Height At Work

The most common causes of a fall from height at work which could lead to a claim for compensation are as follows:

A fall from scaffolding – Falling from scaffolding is something which construction workers risk if their employer has behaved negligently.
Scaffolding which has been badly constructed, hasn’t been inspected and maintained or doesn’t have the right safety rails fitted could lead to a dangerous fall from height.

A fall of this kind could lead to severe or life-changing injuries.

A fall from a roof – If you’re working as a roofer or maintenance worker and a safety harness hasn’t been provided, or is provided but isn’t secured properly, then you are at risk of a fall from height. The same is true if a harness which hasn’t been maintained properly is used.

Falling from a roof is likely to cause multiple serious injuries, including head and spinal injuries.

A fall from a ladder – Any ladder which you use to work at height needs to be fit for purpose, well maintained, stable and properly secured. If a ladder is overloaded, placed on an unstable surface or in some way defective then it could directly lead to a fall from height and injuries.

If this happens then your employer may have behaved neglectfully.

A fall from a mezzanine floor – many working environments, including factories, retail outlets and warehouses, make use of mezzanine floors. A missing or defective guardrail could cause a fall from height when working on a mezzanine level, leading to serious injuries.

A fall from an unprotected edge – Environments such as building sites, factories or open stairwells sometimes feature unprotected edges above ground. Barriers should be in place or harnesses provided for any working close to such edges.

Failure to do so could lead to a fall from height.

A fall from a mobile elevated work platform (MEWP) – Platforms of this kind can be found on machines such as scissor lifts and cherry pickers. Equipment like this should be properly maintained and used correctly and securely on a stable surface.

In addition, anyone working on a MEWP needs to be given the right training. Failure to meet these conditions could easily lead to a fall from height.

More generally speaking, fall from height claims caused by negligence are usually the result of one of the following:

• Your employer didn’t carry out proper maintenance on the equipment used to enable you to work at height
• Your employer provided no supervision – or inadequate supervision – when you were working at height using equipment such as scaffolding or a MEWP
• Your employer didn’t provide you with the training needed to work safely at height using equipment such as scaffolding or ladders
• Your employer failed to provide the right equipment, such as ladders, safety rails or personal protective equipment
• Your employer failed to carry out a risk assessment and ensure that a safe working method was outlined and adhered to

Common Injuries From Falls From Height

The injuries cause by a fall from height can be extremely serious. A fall from height could cause a head or brain injury including a fractured skull or brain hemorrhage.

Other serious injuries include a serious spine or spinal cord injury which, in the worst case scenario, could cause paralysis. The height from which you fall, the surface you land on and the way in which you land could all influence the kind of injury you receive when you fall from height.

Common injuries caused by a fall from height at work include the following:

• Brain injuries such as concussion
• Broken bones such as fractured ribs
• Back injuries
• Neck injuries
• Soft tissue injuries
• Psychological injuries

No matter what kind of injury you suffer, if your fall was caused by a negligent employer than you have been let down and may be entitled to compensation. Fill in our simple Contact Form and we’ll start looking into the details of your case.

How much compensation for a fall from height claim?

The amount of compensation you receive for a fall from height at work claim will depend on two things:

The type of injury and how severe it is

Any expenses directly related to your injury

To reach an initial figure we can consult the Judicial College Guidelines (JCG), a publication setting out the compensation awarded for injuries to specific parts of the body. The amounts given in the JCG include the following:

• Moderate shoulder injury – £6920 to £10,180
• Fractured forearm – £5,280 to £15,300
• Head injury – £1760 to £322,060

We’ll use our experience and to make an assessment of your injuries, including considering any medical reports obtained from examinations carried out, to give you an estimate of the compensation you may receive.

In addition to the compensation for the physical and psychological impact of your fall from height, the compensation should take into account the prognosis for your recovery and any loss of amenity, which means not being able to live your life fully, as you did before the fall from height.

This compensation is known as general damages

You can also claim for special damages. Special damages are meant to compensate directly for the financial impact of your injuries. The costs in question could include the following:

• Loss of earnings if your fall from height injuries mean you can’t work as much, or not at all
• The cost of any prescriptions for medication needed to treat your injuries, together with the cost of any treatment and surgery, if required
• The cost of any adjustments you need to make you your home or vehicles due to the injuries suffered
• The cost of any mobility aids you need after the injury, such as a wheelchair, crutches or mobility scooter
• Any expense caused by extra childcare needed as a result of your injuries

In simple terms, anything you have to spend as a direct result of your injuries – i.e. travel expenses to and from medical appointments – could be included in your compensation.

Claiming compensation for a fatal fall from height

It is possible for the estate of a person to claim compensation for a fatal fall from height at work, According to the Health and Safety Executive (HSE), falls from height at work were the most common reason for fatalities in the workplace in 2022-23. If you’ve lost a loved one in this way, please contact us to discuss the options available.

The principle of negligence is the same as with any other fall from height at work claim, and in some cases the estate of the deceased may be able to claim on the basis of the pain and suffering following the fall. The time limits are usually 3 years from the date of death for claims on behalf of the estate, but there are exceptions in certain situations so please speak to our legal team to find out if you’re still in time to make a claim.

Alternatively, a dependent of the deceased could make a claim under The Fatal Accidents Act 1976, and may be able to get compensation for things
such as funeral expenses, which can also be claimed on behalf of the estate, and the fact that they were financially dependent upon the deceased.

If you’ve lost someone following a fall from height at work and think it may have been caused by their employer’s negligence, please get in touch with us and we’ll explain exactly what you might be able to claim.

No win no fee fall from height claims

We handle all of our fall from height at work claims on a no win no fee basis. This is also called a ‘conditional fee arrangement’ and it greatly minimises the risk of taking this kind of legal action

Under a no win no fee arrangement you will get to keep the majority of any compensation awarded if your compensation claim is successful. If this is the case then your Truth Legal solicitor will take a ‘success fee’ from the amount of compensation awarded, with some of our legal fees also being paid by the other party or parties in the case.

In some rare cases an unsuccessful claim could mean you are held responsible for the legal expenses of the other side. We cover this risk by taking out an insurance policy called ‘After the Event’ (ATE) insurance. In some cases, existing insurance you hold – such as car insurance or home insurance – will cover this risk.

You may have to cover any shortfall in your legal expenses after the other party pays their share, but in all cases, you’ll be able to keep the majority of any compensation awarded. Any deductions will be made after the compensation is paid, so you can start a claim with no upfront costs and no hidden fees.

Evidence to support a fall from height claim

Gathering the right evidence to support your fall from height at work claim is vital if the claim is to be successful. The evidence in question needs to support your claim that the fall from height caused your injuries, and that it happened because your employer was negligent in some way.

Don’t worry if you haven’t collected any evidence, our legal team will obtain the relevant evidence on your behalf as part of the claim process.

Some of the types of evidence we will use in the claim include:

• Copies of any medical reports dealing with your injuries
• Copies of the accident report submitted to your employer. This will usually be in the form of an accident book. If your workplace doesn’t have an accident book, you should email your employer with an account of the accident in order to create a record of the event.
• Statements supplied by any witnesses to the fall from height, such as work colleagues
• Photographs of the scene of the fall from height where possible, particularly of any faulty equipment which may have caused the fall
• If your workplace has a CCTV system in place you (or we) can request any available footage of the fall from height
• The details of any training you may have received before being asked by your employer to work at height – or the fact that no such training has been given
• Documentation covering the health and safety regime in your workplace, and in particular equipment inspections and maintenance programmes and risk assessments
• Details from incident logs and accident records in your workplace of any previous falls from height or other accidents which might highlight a track record of safety issues
• Copies of your own account of the fall from height and your recovery from any injuries in the form of a journal. Any notes you make on the impact of the injuries on things like your day to day life and ability to work.
• Detailed accounts of any expenses you face as a direct result of your fall from height and the injuries you suffered. Keep receipts for things such as prescription charges, medical bills and travel costs, and records of any loss of earnings.

Keep copies of any correspondence you exchange with your employer following the fall from height

How long do you have to make a fall from height claim?

In the majority of cases there is a time limit of three years on any fall from height claims. This runs from the date of the fall itself. After three years have passed you are no longer allowed to put a compensation claim in, with a few exceptions. These exceptions include the following:

• If your fall from height led to a brain injury, and this injury meant that you were unable to make a claim through being ‘mentally incapacitated’ during the three year period.
• If you were under 18 years of age at the time of the fall from height. In a case like this, the time limit of three years will run from the date of your 18th birthday.
• If, at the time of the fall from height, you were working overseas
• If the fall from height resulted in a fatality, there is a 3-year time limit from the date of death.

Despite the three year limit, we always advise people to get in touch with us as soon as they can after a fall from height takes place. A successful claim could rely on statements given by other employees, and statements of this kind are more likely to be as useful as possible when memories of the incident are still clear.

The quickest way to get in touch with us is via our Contact Form, and we’ll explain whether you have a good case for compensation.

Starting a fall from height at work claim

Starting a fall from height at work claim might seem like a huge step to take when you’re busy trying to recover from your injuries. If you get in touch with our experts we’ll take the time to break the process down into a series of manageable steps.
We understand that guiding you through your claim in a supportive and empathetic manner is as important as the expert nature of the legal advice we provide.

The step by step process of making a fall from height at work claim is as follows:

Medical Help – the first thing to do after a fall from height at work is seek medical attention. Your health is the top priority at all times, and the kind of injuries you might suffer following a fall from height need to be dealt with as quickly as possible.

As well as making recovery more likely, prompt medical attention will mean the type and seriousness of your injuries has been documented and can be presented as evidence.

Report the Fall – report the fall from height to your employer. Many workplaces have an accident book and a protocol in place for incidents of this kind. Make sure that the account of the fall from height in the accident book is completely accurate and free from mistakes before you sign it.

If your workplace doesn’t have an accident book or similar, report your fall from height in detail via email, as this will create a dated written record of the fall for future reference. If you don’t report the accident immediately, then your employer may be able to question the truth of any account you provide later.

Take Legal Advice – take the advice of experts like those at Truth Legal as soon as possible. After a free initial consultation we’ll explain whether we think your employer has been negligent and you can therefore claim for compensation. Working with us will mean your case is as strong as it possibly can be

Negotiate a Settlement – most fall from height claims are settled without going to court. In the majority of cases, your employers’ insurance company, acting on behalf of your employer, will accept responsibility for your injuries, leaving us to use our experience to negotiate a fair settlement.

We’ll negotiate your settlement so that the amount reflects the severity of your injuries, the impact they have had on your life, the money it has directly cost you and any on-going expenses. We’ll know for certain whether the compensation offered by your employer’s insurers is a fair amount and should be accepted.

In the small number of cases in which an employer denies liability for the fall from height and the injuries caused, we’ll represent you in court. We’ll do everything we can to build the strongest possible case, demonstrating the impact the fall from height has had on multiple aspects of your life, and the degree to which you have been left out of pocket.

Why choose Truth Legal

There are many reasons why you should choose Truth Legal to handle your fall from height at work claim. First and foremost we can boast an impressive track record of winning the compensation our clients deserve in exactly these kinds of cases. Our case studies demonstrate our expertise and tenacity and the commitment we bring to each and every claim.

In addition to the legal expertise and experience of our team we offer support which is empathetic and understanding. We understand the massive impact a fall from height at work can have, and the emotional fall-out of realising that your employer failed in their duty of care. We always bear this in mind when working with clients, and work to play a part in helping them to put their life back together and look to the future.

Fall from height compensation claim FAQs:

What should I do immediately after a fall from height at work?

Immediately after a fall from height at work you should:

• Seek medical attention to ascertain the extent of your injuries, obtain the right treatment and create a record of your injuries
• Report the fall from height to your employer
• Gather evidence such as photographs of the scene of the fall from height if you are able to
• Take the contact details of any witnesses to the fall

Can I claim compensation if I was partially at fault for the accident?

Yes, you can claim compensation if you were partly to blame for your fall from height at work. If you were 25% to blame for the fall then any compensation awarded would be cut by 25%, but a claim could still be successful if your employer’s negligence was in any way to blame.

How long does the claim process take?

The length of time a fall from height at work claim takes will vary from case to case. The more evidence you’re able to gather, the more quickly things are likely to move, but the timeframe will also be impacted by the following:

• How long it takes your employer and their insurers to respond to your claim
• How quickly we can obtain medical opinion in support of the injuries suffered, which may depend on the severity of your injuries and period of recovery
• Whether there is an admission of liability from your employer and/or their insurers

A denial of liability is the factor which would slow the claim process down the most, as it would need us to present more evidence, or take the case to court. Over the course of a long and complex compensation claim you may be able to receive interim payments prior to the final settlement.

If you want to find out whether you have a strong case for a fall from height at work claim please fill in our form to request a callback. We’ll aim to get back to you the very same day.

Will making a fall from height claim affect my job?

No, making a fall from height at work claim won’t affect your job. If your employer sacks you for making a claim or forces you out of work you may be entitled to claim for unfair dismissal under the Employment Rights Act 1996. In this instance you can speak with our Unfair Dismissal Employment Lawyers for advice.

Call us for a free initial consultation. We’ll treat the details of your case with complete confidentiality, and if we think your employer has failed in their duty of care to you we’ll work on your case on a no win no fee basis. With no upfront payment and no rick of hidden costs down the line, we’ll do everything we can to get the compensation you’re entitled to.

Why should I claim with Truth Legal?

Fall from height claims can raise complicated legal issues, particularly over the question of responsibility and whether your employer has failed in their legal duty.

You need to be sure that the solicitors you instruct can handle these difficulties if they arise. Truth Legal’s specialist personal injury lawyers have extensive experience and proven success with fall from height claims and other kinds of accident at work claim.

Our personal injury lawyers offer:

• A free initial consultation – to discuss your circumstances.
• Specialist technical knowledge and experience – so you can rest assured that your case is in the best hands.
• Practical advice – tailored to your situation.
• Strong representation – fighting for the compensation and outcome you deserve.
• Support and compassion – friendly, knowledgeable professionals on your side through a difficult time.

If you’d like to know more about claiming with us, read our blog: