Fall From Height Claims
If you or a loved one have sustained an injury following a fall from a height at work that was caused by somebody else’s negligence, you are entitled to claim compensation.
For many years, JMW’s accidents at work solicitors have been the legal experts to whom those who have been injured and their families can turn for help following an accident. No matter what your circumstances are, our solicitors can assist you by providing you with the expertise you need to claim the compensation you deserve. You have the right to work in a safe and secure environment, and when someone else's negligence has caused you to be injured, whether that's falling off a ladder or scaffolding, compensation can help you to recover peace of mind.
To make a fall from height claim, contact our team on 0345 872 6666, or complete our online enquiry form and we will get back to you at a convenient time for you.
On this page
- How JMW can help
- An employer's responsibility when working at height
- How much can I claim for an injury caused by a fall from height?
- What should I do if I am injured following a fall from height?
- What is the process of making a compensation claim for a fall from height?
- Why choose JMW?
- Case study
- FAQs about falling from heights
How JMW Can Help
Falls from height are one of the most common causes of death or serious injury in the workplace. Accidents of this kind usually involve falling off a platform or falling down a hole. These incidents can occur in various environments, ranging from construction sites to warehouses. For instance, you might fall from:
- Scaffolding/gantry
- Ladders
- Roofing/false ceiling
- High-sided vehicles/FLTs
- Stairs
- Machinery/plant
- Loading bays/platforms
- Cherry pickers/cranes
- Mobile towers
- Warehouse racking
The consequences of these accidents can be severe, including fractures, spinal injuries and head traumas. In some cases, the impact can extend beyond physical harm, affecting mental health and leading to conditions like anxiety or PTSD. These injuries not only cause physical pain and suffering but can also lead to significant lifestyle changes, affecting the individual's ability to work and partake in everyday activities.
If you have fallen from a height at work and, as a result, been left with an injury, you will be able to make a compensation claim, no matter how serious the incident was.
Our expert accident at work solicitors handle all claims with care and sensitivity, as well as the determination required to get you the maximum amount of compensation for the pain and suffering caused by your employer’s negligence.
The personal injury team at JMW believes in full transparency when it comes to handling compensation claims, meaning our solicitors will regularly update you on the progress of your case and explain your options without confusing legal jargon.
An Employer's Responsibility When Working at Height
Your employer has a legal duty to keep you safe while you are at work by taking certain steps to ensure the risk of accidents is reduced as much as possible. The Health and Safety at Work etc. Act 1974, along with the Work at Height Regulations 2005, set out clear guidelines and requirements for employers to follow. These regulations mandate employers to conduct thorough risk assessments for any work-at-height activities and ensure that all necessary safety measures are in place. This includes providing appropriate and well-maintained equipment, such as ladders and scaffolding, and ensuring that employees are adequately trained to work safely at height.
Failure to adhere to these regulations can be considered negligence on the part of the employer. If you have been injured as a result of this negligence in any or all of the following ways, you will be entitled to make a fall from height personal injury claim:
- Failed to carry out adequate risk assessments on ladders, scaffolding or other equipment to help you work at height
- Provided little to no supervision during high-risk work activities, such as working on ladders or scaffolding
- Provided insufficient or no training on equipment to help you work at height, such as ladders or scaffolding
- Failed to provide suitable equipment, including ladders and personal protective equipment
- Failed to ensure a safe system of work was provided and followed
Any equipment given to help you work at height such as ladders should be suitable for the job, in good working order and used by people who have been properly trained.
Our solicitors will gather evidence on your behalf to prove that your injury was caused by your employer’s negligence, so you can make a successful compensation claim. You should get in touch as soon as possible if you decide you would like to make a claim or if you feel your employer has been negligent in one of the above-listed areas.
For more information about an employer’s responsibility to prevent falls from height, visit the Health and Safety Executive (HSE) website.
How Much Can I Claim for an Injury Caused By a Fall From Height?
The amount of compensation you can claim for injuries caused by falling from a height will depend on the type of injury you have suffered and its severity. Your total compensation amount will also be affected by the impact your injury has on your life, including any financial losses you've suffered as a result.
Compensation for personal injury claims can usually be split into two categories:
- General damages cover the physical injuries and psychological trauma suffered due to the accident. These are offered based on amounts outlined in the Judicial College Guidelines and are typically more valuable depending on the severity of the impacts of the accident.
- Special damages consider the tangible financial losses experienced due to a fall from height accident. This may include medical expenses, care costs, lifestyle adjustments and predicted costs that may arise in the future, informed by expert advice.
To claim compensation, you must supply evidence of your injuries and expenses, and how much they have affected your life.
The figures below provide a rough idea of the general damages you can claim for a fall from height:
Fractures between the elbow and wrist | £5,280 - £15,300 |
Shoulder injuries | Up to £6,290 - £38,280 |
Arm injuries | £15,300 - £104,370 |
Knee injuries | £13,000 - £76,690 |
Leg fractures that include the knee joint | £41,550 - £55,590 |
Back and spinal injuries | £1,950 - £322,060 |
Head injuries from falling objects | £1,760 - £322,060 |
For a more accurate calculation of how much compensation you could be entitled to, based on your circumstances, get in touch with JMW today. Our solicitors can give you a precise estimate that takes into account all of the details about your injury and the impact it has had on your life.
What Should I Do if I Am Injured Following a Fall From Height?
There are several steps you should take to ensure the success of your fall from height compensation claim, including:
- Ensuring the accident is reported to your employer and recorded in an accident book
- Taking the names and contact details of any witnesses to the accident
- Taking photographs, if possible, of any contributing factors, such as damaged equipment or an unsafe environment
It is best to complete these steps immediately after an accident; however, you should prioritise seeking medical treatment for your injuries, especially if they are serious. You can ask a colleague to collect this information on your behalf, and our solicitors can help you to gather evidence to support your claim if witnesses are identified.
Any serious injuries, such as broken bones and anything else that means you are unable to work for more than seven days, must be reported to HSE.
What is the Process of Making a Compensation Claim for a Fall From Height?
The process of claiming compensation varies on a case-by-case basis due to the many factors involved. However, there is a general, structured process that you should expect, and that your solicitor will guide you through.
Initial Steps
We will have an initial consultation over the phone, during which our team will discuss the specifics of your case, offering expert advice on whether your fall from height claim is feasible, your chances of success, and what you can expect going forward.
Gathering Evidence
Gathering evidence for personal injury claims includes collecting medical records, witness statements, expert testimonies and photographs of the accident scene. Our team of personal injury solicitors will assist you in identifying and collecting this evidence, building a strong argument backed up by proof to give you the best chances to claim compensation.
Legal Proceedings
Your solicitor will handle all aspects of the legal proceedings, from contacting the other party and handling any communications to negotiating your compensation amount and representing you in court (if necessary). In the majority of personal injury cases, court proceedings are unnecessary and claims are settled during negotiation or mediation. However, if an agreement can't be met, we are capable of and highly experienced in providing representation in court, and will do so if it is the best way for you to get the compensation you need.
Client Support
Throughout the claim process, we prioritise client communication and support. We will keep you informed at every stage, explaining complex legal terms and proceedings in clear, understandable language. This approach ensures you are fully aware of the case's progress and understand the legal strategies being employed on your behalf.
Why Choose JMW?
JMW has a long-standing history of success in personal injury claims, having received recognition from prestigious legal institutions like The Legal 500 and Chambers & Partners guides. This level of recognition is a testament to our legal expertise and commitment to excellence in this field.
Our solicitors handle each case with a personalised and empathetic approach, understanding the impact a personal injury can have, and that every client's situation is unique and presents different challenges to their lives. We want to listen to your issues and ensure you feel supported throughout your case.
To help with this, we approach all personal injury claims on a no win, no fee basis. Under this arrangement, you are not required to pay any legal fees if your claim is unsuccessful. If the claim is successful, your legal costs are usually covered by your compensation award, which is agreed upon in advance.
Case study
FAQs About Falling From Heights
- What is classed as working at height?
This covers all work activities that take place above the ground. This means it is not limited just to situations where a person is working hundreds of metres in the air, but can include somebody standing on a chair or using a step ladder.
- Which workers are most at risk of falling from heights?
All employees across all sectors could be at risk of falling from a height at work; however, certain professions are more likely to place workers at risk, including:
- Construction and maintenance workers
- Painters, decorators and window cleaners
- Workers in the transport industry
- How long can I expect a fall from height claim to take?
The length of time your claim will take will depend entirely on your unique circumstances. Straightforward claims where the other party's liability is clear and evidence can be easily obtained may be resolved in a matter of months. More complex claims where liability is disputed or where evidence takes longer to collect and organise will take longer and could last over a year in severe cases.
We understand that this can sound daunting and seem like a large time commitment, and we will work to make the process as smooth and efficient as possible. You will not have to participate in most of the hands-on processes - throughout, we will communicate your intentions on your behalf and arrange evidence.
- Can a family member make a fall from height claim on behalf of a loved one who died in an accident?
Family members can claim in the event of a fatal workplace accident. Making a claim can help families with the following:
- Compensation to cover the financial losses caused by a loved one’s death, any funeral expenses and the pain and suffering caused
- Legal representation at an inquest
- Finding the answers to why the accident happened
- Receiving an apology from those responsible
- Having measures put into place to prevent further accidents
If you are claiming on behalf of a family member who has died, you will have either three years from the date of their death or the date of the accident to make a claim.
ACCIDENT COMPENSATION CALCULATOR
How much is your fall from height claim worth?
Talk to Us
To make a fall from height claim, get in touch with our solicitors today by calling 0345 872 6666. Alternatively, fill in our online enquiry form and let us know a suitable time to contact you.