Falling from a height at work can lead to devastating consequences, both physically and financially. Whether you were working on scaffolding or navigating a warehouse mezzanine, you may be eligible to claim compensation if your injuries were caused by someone else. In this guide, we will explain how to sue for fall from height injuries.
Our guide will explore what the claims process involves, what compensation can cover, and how a solicitor from our expert panel can help. You’ll also find answers to common questions like how to determine who is responsible, whether you can still claim if partly at fault for your accident, and what evidence might be needed.
We’ve written this guide for people who want to understand their rights and make informed decisions after suffering an injury at work. By the end, you’ll understand whether you have valid grounds to seek compensation and why a No Win No Fee claim could help your recovery journey.
Contact Us
If you’re wondering how to sue for fall from height injuries or need to speak to an expert, our team of advisors is ready to help you today. Get started now by:
- Calling us on 0800 408 7827
- Using the live chat feature
- Contacting us online
Frequently Asked Questions
- How To Sue For Fall From Height Injuries
- The Average Compensation In Fall From Height Claims
- What Can Cause A Fall From Height To Happen?
- What Should Be Done After Falling From A Height?
- What You Need To Sue For Fall From Height Injuries
- Get Help From Our Panel Of Solicitors
- More Information
How To Sue For Fall From Height Injuries
To sue for fall from height injuries, you must establish that your employer breached their duty of care and that this breach led to your injuries. The primary legislation that sets out this duty is the Health and Safety at Work etc. Act 1974 (HASAWA). Under HASAWA, all employers are required to ensure, as far as is reasonably practicable, the health, safety, and welfare of their workers.
Another key piece of legislation is the Work at Height Regulations 2005 (WAHR 2005). Under these regulations, employers must take reasonable steps to ensure working from height is avoided if reasonably practicable. If that is not possible, then employers need to take measures like conducting risk assessments, using appropriate safety equipment, and providing proper training for working at height.
Failing to meet their duty of care can make your employer liable if it leads to an accident that leaves you hurt. For example, you could be entitled to make a claim if you are injured because an employer failed to install guardrails on a platform or didn’t provide a safety harness.
Can I Still Claim If I Was Partially To Blame?
Yes, you may still be able to claim even if you were partially to blame for the accident. In such cases, you could claim compensation on the basis of split liability. This means that the compensation you receive depends on your level of responsibility.
For instance, if you failed to report defective equipment but your employer did not perform regular maintenance, liability may be shared. If the court determines that you were 20% responsible for your accident, you’d be awarded 80% of the compensation you’d otherwise have received.
Can Claims Be Made On Behalf Of Loved Ones?
Yes, in certain circumstances, you can claim on behalf of loved ones if they are children or mentally incapacitated. Since neither group can pursue compensation on their own, you can claim on their behalf as a litigation friend.
In cases involving fatal falls, the deceased’s estate and eligible dependants may still be able to claim compensation. Under the Fatal Accidents Act 1976 (FAA), dependants can claim for:
- Loss of financial dependency
- Funeral expenses
- Bereavement award for the loss of a relationship
- Loss of services, such as childcare
For further guidance on how to sue for fall from height injuries, get in touch with our team today. Next, we discuss the question of compensation for fall from height claims.
The Average Compensation In Fall From Height Claims
Compensation can be influenced by many factors, from the severity of the fall injuries to its impact on an employee’s quality of life. Fall from height claims can be made up of 2 parts:
- General damages for physical injuries and mental suffering
- Special damages for financial losses and expenses incurred
Solicitors may calculate the potential value of general damages using the Judicial College Guidelines, a publication that collates suggested compensation ranges for various injuries. You can find some examples below, but note that these are not guaranteed, and the first entry is not from the JCG.
| Injury | Compensation |
|---|---|
| Multiple Severe Injuries And Special Damages, Including Lost Earnings And The Cost Of Home Adjustments | Up to £1,000,000+ |
| Very Severe Brain Damage | £344,150 to £493,000 |
| Moderately Severe Brain Damage | £267,340 to £344,150 |
| Paraplegia | £267,340 to £346,890 |
| Severe (i) Neck Injuries | In the region of £181,020 |
| Chest Injuries (b) | £80,240 to £122,850 |
| Severe Back Injuries (i) | £111,150 to £196,450 |
| Severe Back Injuries (ii) | £90,510 to £107,910 |
| Severe Back Injuries (iii) | £47,320 to £85,100 |
| Serious Shoulder Injuries | £15,580 to £23,430 |
What Factors Are Considered When Calculating Compensation?
When assessing a compensation claim, several factors may be taken into account:
- Severity of the injuries sustained in the fall from height
- Prognosis, including length of recovery and whether you suffered a disability
- Impact on daily life, such as your ability to perform day-to-day activities or play sports, and future earning ability
- Ongoing care or medical expenses
- Psychological trauma, if your fall from height accident led to a condition like post-traumatic stress disorder (PTSD)
As mentioned, special damages can help you claim for the financial loss you suffered, including:
- Loss of income (past and future) if you took days off or missed out on a promotion
- Private medical treatment and rehabilitative care. Fall from height injuries can seriously impact the body and require physiotherapy or occupational therapy to aid recovery
- Travel expenses incurred while attending appointments connected to your injuries
- Care costs from family or professionals
- Home modifications, such as widening hallways to accommodate a wheelchair
Interim Payments
In some cases, interim payments may be awarded to ease the burden of urgent costs that might arise during the claims process. They are paid out before a claim is settled and are essentially an advance on your compensation.
Interim payments are only possible in cases where the defendant admits to their liability, or where it’s likely that compensation will be won.
For further advice on compensation and interim payments, contact our team today.
What Can Cause A Fall From Height To Happen?
Falls from height can have many causes. Below are some of the more common reasons and the injuries they can lead to.
Damaged Equipment
Employers should perform regular inspections and maintenance on equipment. Otherwise, a faulty ladder or poorly maintained scaffolding can easily lead to a loss of balance and a fall.
- Example: A cracked ladder rung snaps under weight after construction site management fails to replace or repair equipment they know to be damaged, sending a worker falling several metres. The accident results in multiple broken bones and a brain injury when the employee hits their head.
Lack Of Safety Harness
To meet their duty of care, employees should provide staff working on elevated platforms or roofs with safety harnesses and other appropriate personal protective equipment (PPE).
- Example: A building company working on a multi-storey apartment block fails to give their employees safety harnesses. As a result, an unsecured builder falls from a considerable height, suffering life-altering spinal injuries.
Inadequate Working At Height Training
Employers must provide appropriate training for height-related work to ensure their staff know how to use equipment correctly, comply with safe working practices, and follow emergency procedures. If an employee fails to do so, it can lead to a scenario like the following:
- Example: Construction management does not train their workers on how to identify and assess potential risks. Due to this failure, an employee working on a fragile skylight doesn’t realise the danger, resulting in a serious fall that leaves them with a skull fracture and serious chest trauma.
Working In Unsuitable Weather Conditions
Adverse weather conditions like rain, snow, or high winds significantly increase the risk of slipping or being blown off balance. Employers can meet their duty of care by conducting risk assessments concerning weather-related hazards, having appropriate emergency plans, and ensuring workers know how to follow safety procedures.
- Example: Despite being aware of forecasted high winds, a construction company tells employees to keep working from height. The decision results in a worker falling, causing them to sustain multiple injuries, including broken ribs.
These examples only represent a small number of causes of fall from height injuries. You can discuss your specific circumstances with our advisory team and see if you are eligible to claim compensation.
What Should Be Done After Falling From A Height?
You should take the following steps after falling from a height:
- Get immediate medical attention: Even if you think your injuries are minor, it’s best to get a check-up from a medical professional and ensure you get the care you need
- Ensure the incident is logged in the accident book: Companies with 10 or more employees are required to have an accident book. Employers have a responsibility to report certain work-related injuries to the Health and Safety Executive (HSE), the UK regulator for workplace health and safety. This obligation is set out by the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 (RIDDOR)
- Take notes about the accident: Document everything to ensure you have a full account of the fall from height accident, such as what led up to it and the injuries you sustained
For more advice tailored to your situation, speak to our advisors today.
What You Need To Sue For Fall From Height Injuries
To sue for fall from height injuries, you need strong evidence to support your case. The following can be beneficial:
- Medical records showing your diagnosis, the extent of your injuries, and the treatments you’ve received.
- Photos of your injuries, such as a broken forearm or a dislocated shoulder, and the accident scene. For instance, you could take pictures of poorly assembled scaffolding or the equipment that led to your fall
- Copies of the accident book report that we mentioned in the previous section
- Witness contact details. You can pass this information along to a solicitor so they can collect statements on your behalf
If you’re unsure where to begin, please reach out to our team for further guidance.
Get Help From Our Panel Of Solicitors
Our panel of solicitors can help you sue for fall from height injuries on a No Win No Fee basis through a Conditional Fee Agreement (CFA). This type of agreement offers major advantages:
- No upfront solicitor fees to begin your case
- No extra solicitor fees during the claims process
- No solicitor fees to pay at all if your claim is unsuccessful
Should you win compensation, you’ll pay a success fee for your solicitor’s work. However, the percentage taken from your compensation is capped by law, so you’ll keep the bulk of it.
We work with a panel of solicitors who specialise in accident at work claims, giving them an understanding of the complexities of height regulations and your employer’s duty of care. That expertise has helped them secure compensation for people injured in work-related falls across the country.
You can be sure that you’ll receive support and guidance at every stage of the claims process. From gathering evidence to securing interim payments, our panel of solicitors work tirelessly on behalf of their clients.
Contact Our Advisors
Are you ready to get started? Or would you like further guidance on how to sue for fall from height injuries? Our advisors are here to help, so please contact us by:
- Calling us on 0800 408 7827
- Using the live chat feature
- Contacting us online
More Information
For more helpful accident at work claims guides:
- Learn how to sue for a leg injury at work
- Find out how to sue for a delivery driver accident
- Get help with suing after being hit by heavy boxes at work
Or, for further resources:
- Learn more about the duties of a litigation friend
- Get basic health and safety information from the Health and Safety Executive (HSE)
- Find out when to call 999 from the NHS
Thank you for reading our guide on how to sue for fall from height injuries.