Your Falling from Height Compensation Claim
A Falling from Height Compensation Claim can often result in life changing injuries and it remains a distressing reality for many accident victims across a number of industries.
Tragically, falling from height injury claims are one of the main causes of a workplace accidents, fatalities and serious personal injuries among construction workers.
If you’ve been injured falling from height then it can have devastating consequences not only physically but also in terms of your financial standing.
- If you have suffered a fall from height and are seeking to claim compensation for your injury then you’re in the right place.
- In this detailed guide we walk you through the important steps to ensure you maximise your falling from height and injury compensation claim.
- From understanding the personal injury claim process to answering frequently asked questions we’ve got everything you need here to move forward with your personal injury claim too.
High Risk Work: Falling from Height Compensation Claim
Common workplace injury accidents are construction worker falls from ladders or through fragile surfaces on roofs.
Falls from heights not only happen in the construction industry but can also occur when working on factory or warehouse roofs or on farm buildings when repairs or roof work is being carried out.
There are a number of work activities that involve the risk of falling and potential serious injury. Here are some examples of common injuries where falls from height can occur:
Construction Industry Work
There are a number of construction sites and jobs that require working at height including roof work, installation of scaffolding or the construction worker operating from an elevated position.
There will also be construction workers in factories and manufacturing installations who need to carry out inspections and maintenance of equipment located at height using for example a cherry picker or scissor lift.
This task clearly involves regular working from height and window cleaners can use safety harnesses, as well as scaffolding when tackling windows on tall buildings.
Bridge Inspection and Maintenance
This type of work necessarily involves working from height for those engineers and technicians who are required to inspect and maintain the structures.
Solar Panel Rooftop Installation Work
There is increasing demand for this type of work and clearly solar panel installation contracts involve regular work on rooftops to install panels and the associated electrical components.
Again, workers who are responsible for installing, maintaining or repairing cell towers and radio masts usually have to work from huge heights.
Electricity Line Maintenance
Those workers that specialise in installing and maintaining electrical power lines are often required to work at height using technical equipment with safety precautions and need to be ready for adverse weather conditions.
Painters and Decorators
It’s not unusual for professionals carrying out painting and decorating to work from height using ladders sometime scaffolding to enable them to reach their target area.
In all these different situations the employer is under a clear duty to ensure the safety of the workers and this involves comprehensive and appropriate training, the right safety equipment and compliance with the prevailing health and safety executive guidelines, rules and regulations.
Employers Duties and the Work at Height Regulations 2005.
In order to prevent fall from height claims and accidents, employers need to take adequate measures to comply with the Work at Height Regulations 2005. The purpose of the Regulations is to prevent death serious injury and injury from a fall from height accident.
- Employers will need to look at several things in health and safety executive order to comply with the legislation.
- Employers must not ask employees to work at height where it can practicably be avoided.
If working at height cannot be avoided, your employer must consider the following factors:
Employers are under a duty to make sure that detailed risk assessments and adequate training and safety measures have been conducted before any work at height takes place. This means that the safety of the task has been properly considered and the suitable and appropriate equipment has been deployed.
Your employer must ensure that you are provided with the correct equipment and the right sort of personal protective equipment, which must be in good working order. It’s important that the safety of personal protective equipment is regularly inspected to ensure it is fit for purpose.
Employers need to make sure that any work that is carried out at height must be properly planned, supervised and only carried out by a competent, properly trained person. If individuals working at height receive adequate training and are well versed with safety regulations and procedures then this will minimise the risk of injury taking place.
As part of any planning for the work at height the employer will need to carry out a risk assessment to identify the risk of injury and identify what other safety measures and equipment is required to avoid injuries.
Claiming for Injuries Caused by Falling from Height at Work?
If you, or someone you love has suffered a serious injury caused due to an accident at work, you may be entitled to receive compensation for the injuries sustained from workplace accident.
Whether you can claim compensation will depend on a number of different factors including the circumstances leading to the fall and whether your employer or one of your colleagues were in some way to blame for the accident.
- Employers need to provide a safe working environment and this means taking precautions, including conducting a risk assessment, to ensure that their employees cannot fall from a height.
- If your employer failed to follow the safety legislation and you do fall from a height and suffer a personal injury then you may be entitled to make a height compensation claim.
- If an individual tragically suffers a fatal fall while at work then your solicitor will be able to assess the claim’s worth to take into account dependency claims for those in the family who were financially dependent.
- In essence if your fall resulted from the negligence of your employer, another party or from unsafe working conditions you may well have a valid claim.
- Depending on the circumstances liability could be placed on a variety of different parties including your employer, a fellow colleague, the property owners, contractors, equipment manufacturers – the list goes on.
- It’s also important to consider someone else’s negligence, your actions and events leading up up to the accident and whether you were taking all reasonable care at the time of the accident as this could affect the outcome of the claim. However even if you were in some way also to blame for the accident you could still come away with a partial award of compensation depending on the exact circumstances.
Our specialist personal and injury claims solicitors will also will be happy to talk to you about your own height accident claim.
A quick call to us will enable you to find out about your prospects of success in claiming compensation against your employer.
We will also tell you whether you can bring a no win no fee claim and all about the claims process.
What Evidence do I need to Claim for a Fall from Height?
If you have suffered an injury from a fall from height you may have sustained serious injury with long-lasting consequences.
In the circumstances it so important that you understand then type of evidence that you require to substantiate your claim.
The evidence that you are able to gather is likely to play a central role in determining the strength of your claim and whether your claim will succeed.
- Naturally your first priority will be to obtain the medical attention that you need.
- If you are able to then it’s a good idea for you or a colleague to take photographs or videos of the accident scene and gather together any witnesses details.
- It will be necessary to contact your manager or supervisor so that all the relevant details are reported.
- Remember to retain all medical records of the treatment you have received together with medical expenses too.
- Preserve all evidence and avoid posting messages about your accident on social media as things can get misconstrued.
How Much Compensation can I recover from a Fall from Height?
Falls from height can happen in a wide range of different circumstances from accidents suffered whilst on ladders or more serious injuries sustained by falling off scaffolding or roofs.
It therefore follows that how much compensation awarded by the courts can vary significantly from one injured person to the next depending upon a number of factors:
The Nature of Physical Pain and Extent of Your Injuries
The type of injury or injuries sustained is the main factor in determining how much compensation you receive.
Serious injuries such as broken bones, a spinal cord injury or head injuries usually result in permanent disability and in much higher levels of compensation due to the life changing injury involved.
If the fall from a height accident has adversely affected your lifestyle by restricting your pre-accident activities then it is possible to receive compensation specifically for the loss of enjoyment of life or amenity.
If you would like us to give you guidance and support in relation to any aspect of your falling from height compensation claim then don’t hesitate to reach out to our team of experienced solicitors. Take the first step towards resolving your claim and with confidence.
Lost wages, Future Earnings and Pension Loss
If the fall from height results in you being unable to return to work or restricts your capacity to earn in the future you will be looking at recovering compensation for lost wages and potential future earnings.
This means your solicitor will be recovering compensation for lost wages and potential future earnings arising from your injuries. Your solicitor will be interested in calculating the impact on your career including any pension loss.
Bearing in mind the huge spectrum of possible awards of damages for fall from height accidents its challenging to provide any ballpark figures for personal injury claims or indeed anything approaching an exact figure. Every single fall from height claim is unique and compensation amounts will vary. However hopefully by setting out the various heads of damage above this will give you a starting point.
There can be no substitute for obtaining free advice and legal advice, from an experienced solicitor who specialises in these types of personal injury injury compensation claims, so that you are able to navigate the complexities of your fall from height injury compensation claim, and ensure you receive the compensation necessary to rebuild your life.
Making a Fall From Height Claim on a No Win No Fee Basis?
If you contact us to discuss your compensation claim and we are able to accept your claim then we will be in a position to offer you funding on a no win no fee basis.
This means that you will not be required to make any upfront legal fees and if for any reason your claim is unsuccessful then there are no cost to pay – guaranteed.
Call us to discuss your claim and as specialist solicitors we will be delighted to provide you with our liability assessment and whether we consider your claim is likely to succeed.
Frequently Asked Questions (FAQs)
Can I Claim Compensation for a Fall from Height at Work?
If you have sustained injury and your injury has arisen as a consequence of your employer’s negligence or another parties wrongdoing then it’s definitely worth obtaining free legal advice with a view to pursuing a claim.
What evidence do I need when bringing a fall from Height Compensation Claim?
Gathering together compelling evidence is so important when brining injury claims of this nature. Make sure you obtain a copy of the accident report and if possible photographs of the accident scene highlighting any dangerous state of affairs. Witnesses details are crucial so that if necessary statements can be prepared by your no win no fee solicitors.
Your personal injury solicitors will also consider obtaining your employment records which may be relevant in terms of your job responsibilities and safety training. Maintenance records can be significant if the accident has arisen as a consequence of poorly maintained equipment. CCTV footage, if available can be instrumental in helping to determine liability and this always need to be applied for from the insurance company. Always remember to retain financial records relating to all your expenses including any medical bills, lost wages, and any other items resulting in a financial impact.
What if I was in some way to Blame for the fall? Can I still Claim Compensation?
In many instances it’s still possible to claim compensation even if the injured person was partially at fault. Injury claims often involve some degree of fault and lawyers are accustomed to dealing with the implications of this. Contact a specialist solicitor who will be able to advise you about “contributory negligence” arising out fall from height claims.
How long does it take to Finalise a Fall from Height Claim?
The length of time of a fall from height claim will vary enormously according to a number of factors. These factors include contested liability, the extent of medical evidence required for injury valuation and the availability of a final prognosis. These fall from height claims can vary depending upon all the circumstances from literally a matter of months to years.
Get the Expert Help You Need
Our dedicated team of personal injury solicitors is here to help guide you through the process of maximising your falling from height compensation claim.
With years of experience, a proven track record and an enviable reputation we understand the complexities of these claims and will fight tirelessly on your behalf.
Contact us today and make the first step towards securing the compensation you need to rebuild your life. Your recovery starts with us.
Meet the Author
Chris Carter is the founder and Director of Carter & Carter Solicitors, a leading personal injury law firm based in the UK.
With over 25 years of experience in the field of personal injury litigation Chris has become a trusted expert in his industry.
Throughout his career, Chris has remained dedicated to helping injury victims recover compensation and has a long and proven track record of success using all his experience to win claims and secure compensation on the best terms.
Chris’s passion for helping others is evident in every claim he and C&C Solicitors handle. He and his team go above and beyond to ensure their clients receive the support and guidance they need during what can be a difficult time.
To learn more about Chris and the team at C&C Solicitors, and the legal services they offer, please visit www.candcsolicitors.co.uk/about-us/ or call the team on 01663 761890
Carter & Carter Solicitors
Hear a few words from one of our happy clients
“Mr Sund was injured at work when he cut himself on an exposed metal edge which was running along the conveyor belt he was working on. After being knocked back by a number of Solicitors, we spoke to him, immediately saw the strengths of his case and agreed to take it on. We contacted the Employer, obtained an admission of blame and they compensated Mr Sund. He said "a hassle free claim dealt with quickly and efficiently. Clear to understand information and emails kept me up to date with my claim."
Mr A Sund from West Midlands recovered £4,650