The following guide offers information about claiming compensation after a work at height accident. In the following sections, we will discuss the duty of care placed on your employer by a central piece of workplace health and safety legislation and how a breach of this could lead to you suffering an injury in an accident at work. Additionally, we look at who is eligible to start a personal injury claim after a fall from a height and the evidence you could gather to support your case.
Can You Claim For A Work At Height Accident?
Later in our guide, we discuss how accident at work compensation payouts are calculated and the ways in which they aim to address the different ways your injuries affected your quality of life.
In the last section, we discuss how a personal injury solicitor off our panel could help you seek compensation under the terms of a No Win No Fee agreement.
For more information about accident at work claims, please contact an advisor for free. They are available to assist you 24/7 and can be reached via the following contact details:
- Call free 24/7 on 0161 696 9685
- Complete our ‘Contact Us‘ form to discuss your potential claim.
- Talk to an advisor using the chat function below.
Choose A Section
- Can You Claim For A Work At Height Accident?
- How Could A Work At Height Accident Be Caused By Employer Negligence?
- What Compensation Could You Receive For A Successful Accident At Work Claim?
- What Evidence Could Support A Workplace Accident Claim?
- Make A Work At Height Accident Claim On A No Win No Fee Basis
- Read More About Claiming For Injuries From A Fall From Height
Can You Claim For A Work At Height Accident?
Employers have a duty of care to ensure all reasonable as well as practicable measures are put in place to protect the health, safety and well being of employees whilst in work and/or carrying out their tasks. This is outlined in the Health and Safety at Work etc. Act 1974 (HASAWA).
In addition to this, The Work at Height Regulations 2005 applies to employers and is in place to prevent death and injury caused by a fall from height. As per this legislation, employers must make sure any work carried out at a height is properly planned, supervised and carried out by workers who are competent. Additionally, before any work is carried out, they must assess the risks and put any measures in place to address these.
If your employer has failed to uphold their duty of care, leading to a work from height accident in which you sustained an injury, you might wonder whether you can seek compensation.
To have a valid personal injury claim after an accident at work, there are a set of criteria that must be met:
- Your employer owed you a duty of care at the time and place of the accident.
- This duty was breached.
- You experienced physical harm, a psychological injury, or both as a result of the breach.
Together, these points lay the basis of negligence in personal injury claims. You might be eligible to pursue compensation for your injuries, if there is evidence to demonstrate that negligence took place.
Is There A Time Limit When Claiming For A Fall From A Height?
Under the Limitation Act 1980, there is a three-year time limit for launching a personal injury claim. This time frame typically starts from the date of the accident and injury. Certain exceptions can apply to this limitation period, however.
For more information about the exceptions to the accident at work time limit as well as the eligibility criteria you need to meet, please contact an advisor on the number above.
How Could A Work At Height Accident Be Caused By Employer Negligence?
There are several ways a work at height accident could occur and different injuries that could be sustained as a result. For example:
- Faulty equipment was provided for work at a height to be carried out causing an employer to slip and fall. As a result, they sustained a serious head injury leading to brain damage.
- No safety guards were installed to reduce the risk of injury posed by working at a height. As a result, an employee falls and sustains damage to their spinal cord leading to paralysis.
- The employer failed to ensure the work at a height was supervised or carried out by correctly trained people. As a result, an employee sustains a fractures and soft tissue injuries in an accident.
It’s important to keep in mind that not all workplace accidents will form the basis of a valid personal injury claim. You must have evidence of negligence in order to proceed with your case. To discuss your specific circumstances and find out whether you’re eligible to pursue your claim, please contact an advisor on the number above.
What Compensation Could You Receive For A Successful Accident At Work Claim?
Following a successful work at height accident claim, two heads of loss can form your overall settlement. General damages, the first of these heads, seek to compensate the person for pain and suffering of any injuries sustained. This includes physical injuries, psychological harm, or both together.
To assign a value to general damages, a solicitor could refer to your medical records and a publication called the Judicial College Guidelines (JCG). The JCG contains guideline award brackets for several types of injuries all varying in severity. You can find a selection of these figures in the table below.
Compensation Table
Please use these figures as a guide only. Settlements will vary depending on the unique circumstances of your case.
| Type of Injury | Severity | Notes | Guideline Compensation Brackets |
|---|---|---|---|
| Head | (a) Very Severe | Full-time nursing care is required. | £282,010 to £403,990 |
| (b) Moderately Severe | A very serious disability, either cognitive or physical, leading to the requirement of constant professional care. | £219,070 to £282,010 | |
| Paralysis | (b) Paraplegia | Lower body paralysis. | £219,070 to £284,260 |
| Back | (a) Severe (i) | Nerve root and spinal cord damage causing severe pain and disability with a combination of other issues, such as incomplete paralysis. | £91,090 to £160,980 |
| (b) Moderate (i) | Damage to an intervertebral disc with an irritated nerve root and reduced mobility. | £27,760 to £38,780 | |
| Pelvis | (a) Severe (i) | A pelvis fracture that is extensive with, for example, a dislocated lower back joint and a ruptured bladder. | £78,400 to £130,930 |
| Neck | (b) Moderate (i) | Fractures or dislocations causing severe and immediate symptoms which may lead to a spinal fusion being required. | £24,990 to £38,490 |
| Elbow | (b) Less Severe | Impaired function but no major surgery or significant disability. | £15,650 to £32,010 |
| Arm | (d) Simple | Forearm fracture of a simple nature. | £6,610 to £19,200 |
| Leg | (c) Less Serious (ii) | A simple femur fractured with no articular surface damage. | £9,110 to £14,080 |
Claiming Financial Losses In An Accident At Work Claim
Special damages, the second head, compensates for the financial losses you have experienced as a result of your injuries. For example:
- Medical costs.
- Travel expenses.
- Loss of earnings, both past and future.
- Care costs.
For further guidance on how much compensation for a fall at work you could receive following a successful claim, please contact an advisor on the number above.
What Evidence Could Support A Workplace Accident Claim?
Evidence can help support your personal injury claim after a work at height accident. It can show that your employer breached their duty of care, and as a result, you sustained an injury. Some examples of the evidence you could gather to strengthen your case include:
- CCTV footage of the accident.
- Photographs of the scene of the accident and your injuries.
- Contact details of witnesses who could give a statement at a later date.
- Copies of your medical records.
If you would like assistance in gathering evidence to support your case, please contact an advisor. They can assess your case for free and if they find it meets the eligibility criteria, they could connect you with an experienced accident at work solicitor from our panel.
Find out more about the services they can provide by calling the number above.
Make A Work At Height Accident Claim On A No Win No Fee Basis
Our panel of solicitors offer their services under a Conditional Fee Agreement (CFA), which is a version of a No Win No Fee contract. This agreement typically means you won’t need to pay any upfront or ongoing costs for the work your solicitor completes on your case when it begins and as it proceeds. You also won’t need to pay for your solicitor’s services if your claim has a failed outcome.
Following a successful claim, you will pay your solicitor a success fee from your compensation. They deduct this as a percentage which has a legal limit. As such, you can keep the majority of your award.
If you are interested in finding out more about how to instruct a solicitor on a No Win No Fee basis, get in touch. Our advisors can offer a free 24/7 case check with no obligation today. They can also answer any questions you might have regarding your claim following a work from height accident.
To reach them, you can:
- Call free 24/7 on 0161 696 9685
- Complete our ‘Contact Us‘ form to discuss your potential claim.
- Talk to an advisor using the chat function below.
Read More About Claiming For Injuries From A Fall From Height
To read similar guides, please follow the links below:
- A guide discussing when you could claim for a ladder accident and what your potential compensation payout could be worth.
- Find out whether you could be eligible to claim for falling down the stairs at work and the steps you could take to seek compensation.
- Read further information on slips, trips and falls in the workplace and when it could be possible to make an accident at work claim.
For some external resources:
- A guide from the Health and Safety Executive about working at height safely.
- Guidance on when you could be eligible for Statutory Sick Pay (SSP) from GOV.UK.
- Information on first aid from NHS.
If you require any additional guidance on making a personal injury claim following a work at height accident, please contact our team using the details provided above.