A fall from even a moderate height can leave someone with life-altering and severe injuries that can also devastate one’s finances. If you fell in an accident at work that wasn’t your fault, you may be eligible to claim compensation. Our guide on fall from height claims will give you all the information needed to get started.
We’ll start by examining what compensation can cover and how it might be calculated. As well, we discuss employers’ liability and consider what physical injuries could result in a fall from height claim. After this, we explore fatal accident claims and whether you could pursue compensation after a loved one has passed away.
Since evidence is needed to start a claim, we’ll detail what you could use to prove an employer was negligent. We also discuss time limits for launching a claim and close the guide by looking at how a solicitor from our panel could help you on a No Win No Fee basis.
Please continue reading to learn more about fall from height claims. Or, if you would like to chat about a potential claim now, you can:
- Call us on 0800 408 7826
- Log an online enquiry
- Use the live chat feature on this webpage.
Frequently Asked Questions
- How Much Compensation For Fall From Height Claims?
- Is My Employer Responsible If I Fall From A Height?
- What Injuries Can Fall From Height Claims Cover?
- Can I Claim On Behalf Of A Loved One For A Fatal Fall From A Height?
- How Can I Prove Employer Negligence Caused The Accident?
- What Are The Time Limits For Making Accident At Work Claims?
- How We Can Help You
- Learn More
How Much Compensation For Fall From Height Claims?
If you suffer a very severe head injury following a fall from height, you could be awarded £344,150 and £493,000 in compensation, according to the Judicial College Guidelines (JCG). Legal professionals might consult this publication alongside medical records when assessing the value of a personal injury claim.
The document outlines compensation brackets for a range of injuries (physical and psychological), and we’ve used some to compile our table. Please note the figures listed are only guidelines, and the first entry is not from the JCG:
Guideline Brackets
| Injury | Severity | Compensation | Details |
|---|---|---|---|
| More than one type of serious injury and special damages. | Severe | Up to £1 million plus. | In this bracket, the person receives a substantial amount of both general and special damages that include care provision, long-term loss of earnings and hospital care. |
| Head/Brain | Very Severe | £344,150-£493,000 | Little or no response to environment and there will be a reliance on others for all basic needs. |
| Moderate (i) | £183,190-£267,340 | A personality change and intellectual deficit, as well as no employment prospects and significant risk of epilepsy. | |
| Neck | Severe (i) | In the region of £181,020 | Cases can cover incomplete paraplegia and spastic quadriparesis. |
| Moderate (i) | £30,500-£46,970 | Fractures and dislocations that cause immediate symptoms severe enough to warant spinal surgery. | |
| Back | Severe (i) | £111,150-£196,450 | The most severe forms of spinal cord and nerve root damage. Claimants will have severe pain/disability, incomplete paralysis, and other issues. |
| Moderate (i) | £33,880-£47,320 | Injuries that can include compression and crush damage to the lumbar vertebrae. | |
| Leg | Severe (ii) Very Serious | £66,920-£109,290 | Injuries significant enough to give rise to permanent mobility problems and the need for walking aids. |
| Pelvis | Moderate (i) | £32,450-£47,810 | A significant level of injury and a hip replacement may be required, but any disability that is permanent will not be major. |
| Ankle | Moderate | £16,770-£32,450 | Ligament tears and fractures that create lesser issues such as difficulty standing for a prolonged period on uneven surfaces or awkwardness climbing stairs. |
Calculating My Compensation Amount
The JC Guidelines mentioned above only provide compensation brackets for general damages, which reflect the physical and psychological damage of personal injury. However, claims can also compensate for financial harm. Such losses are covered under special damages and need documented evidence in order to be claimed for. Some examples could include:
- Wage slips demonstrating how your income was affected by the accident and injury.
- Proof of financial losses caused by medical treatment or long-term rehabilitation.
- Tickets and receipts for any essential travel related to your injuries.
- Estimates or invoices showing the costs associated with changes in your home or vehicle, such as wheelchair access.
- Additional childcare expenses.
Our team of advisors are happy to discuss any questions you might have about damages and how to use our compensation calculator. If your claim is eligible, they could connect you to an expert personal injury solicitor solicitor from our panel.
Is My Employer Responsible If I Fall From A Height?
In the UK, all employers owe their staff a duty of care as outlined in the Health and Safety at Work etc. Act 1974 (HASAWA). This law requires employers to take reasonable and proportionate steps to ensure the safety, health, and well-being of their employees.
In that context, it means you need to prove the following in order to have a valid personal injury claim for compensation:
- You were owed a duty of care by your employer.
- They breached this duty in some way.
- The breach caused you to suffer harm.
Employers can breach their duty of care in a number of ways, such as not providing personal protective equipment (PPE), failing to give staff appropriate training, and not undertaking necessary risk assessments. The Work at Height Regulations 2005 also detail what steps employers should take to reduce or remove the risk of harm from falls in their workplace.
When fall from height claims are successful, the employer’s insurance company pays the compensation. It is a legal requirement for all UK employers to have valid Employers’ Liability Insurance to the value of at least £5 million.
Our advisory team is ready to answer any questions you have about eligibility and employer liability in claims for a fall from a height.
What If I Was Partially At Fault For My Injuries?
In some cases, you may still be eligible to claim compensation if you partially contributed to your injuries. For instance, you may have not worn a hard hat up to the point you fell because of poorly maintained scaffold guard rails. In this scenario, both you and your employer would be at fault for your injuries.
When there is a share of responsibility, claims can be settled on the basis of contributory negligence. Essentially, it means the percentage of compensation you may receive will reflect the level of blame apportioned to you. For example, if you were 25% responsible for your injuries, you could still receive 75% of the total compensation you would otherwise have been awarded.
If you would like to discuss the circumstances of your fall, feel free to reach out to our team of friendly advisors.
What Injuries Can Fall From Height Claims Cover?
Fall from height claims can cover a wide array of injuries, ranging in severity from broken ankles to severe head trauma. Our list gives some scenarios that could lead to fall injuries and result in a claim:
- An employer fails to make repairs to a ladder they know to be faulty. Consequently, the ladder gives way and leaves a worker with a broken ankle.
- Office block management does not conduct regular maintenance checks on the window-cleaning lift. When the lift subsequently collapses, two workers suffer extensive soft tissue injuries, bruises, and a broken leg.
- Construction site management does not inspect newly erected scaffolding. This failure results in workers using an unstable structure, leaving one employee with a serious head injury when it gives way.
- A building company fails to perform a risk assessment on a glass roof. Due to this, a worker slips and falls through the roof, suffering multiple injuries in the process.
If you feel that you could have a legitimate claim for your fall injuries, reach out to a team member for advice tailored to your situation.
Can I Claim On Behalf Of A Loved One For A Fatal Fall From A Height?
Under the Law Reform (Miscellaneous Provisions Act) 1934 (LRMPA), for the first 6 months after the death, only the estate of a deceased worker can start a claim. This is for the pain, suffering, and financial harm their loved one endured prior to death.
If a claim is not made by the deceased’s estate within the first 6 months of their death, some relatives can bring a claim based on the impact the death has had on them. Such a claim can be made under the Fatal Accidents Act 1976 (FAA) by individuals who are:
- A current or former wife, husband, or civil partner.
- An individual who was a cohabitating partner with the deceased for at least 2 years prior to their death.
- An ascendant or descendant of the deceased (or anyone treated as their parent or child because of relation or marriage, such as stepchildren from a prior relationship).
- The brother, sister, uncle, or aunt of the deceased or any of their children.
Other compensation could be awarded in a fatal accident claim, including funeral costs, the loss of help around the home, and income relied upon. This compensation aims to acknowledge losses not quantified elsewhere, such as companionship and impact on the family unit. Additionally, under the FAA, certain relatives may qualify for a bereavement award set out as a lump sum of £15,120, which is divided between all those who apply.
If you’re unsure whether you qualify or just want to discuss your claim after the loss of a loved one in a workplace fall, speak to our advisors using the number above.
How Can I Prove Employer Negligence Caused The Accident?
As we discussed at the start of our guide, evidence plays a vital role in supporting a fall from height compensation claim. The following can help show how an employer caused your accident and injury:
- Photographs showing your injuries or how the fall happened.
- Witness contact information. Should you appoint a solicitor, they can obtain supporting statements on your behalf.
- Copies of your medical records detailing the injuries sustained and the treatments you received.
- Other relevant documents, such as correspondence with your employer or a copy of your workplace accident book.
Contact our team to learn more about and find out how a solicitor from our panel can help gather evidence for your claim.
What Are The Time Limits For Making Accident At Work Claims?
The Limitation Act 1980 requires personal injury claims to generally be started within 3 years of the date of the accident and injury. Certain exceptions apply:
- A pause is put on this time limit for those under 18 since minors cannot start a claim by themselves. Unless a litigation friend (discussed below) makes a claim for them during this pause, the 3-year window will apply once they are 18.
- A time limit freeze is also placed on time limits for those lacking sufficient mental capacity to manage their affairs. They are allocated 3 years to claim from any date that their cognitive capacity is restored (unless a litigation friend has launched a claim on their behalf).
Whilst time limits are on hold, an individual can become a litigation friend on behalf of those under 18 or who cannot manage their own affairs. This role is usually filled by a family member or solicitor and allows a person to start a claim on another’s behalf.
To find out if you meet the time limit rules for fall from height claims, feel free to connect with one of our advisors.
How We Can Help You
Our panel of solicitors have years of experience, and you can expect nothing less than their dedication from the outset. By choosing a solicitor from our panel, you can benefit from their expertise and services, such as:
- Putting forward the strongest argument to secure a fair compensation.
- Handling all communication with the employer and their insurers.
- Helping arrange independent medical assessments as needed.
- Gathering whatever evidence is required to support your claim.
- Ensuring all your questions are answered in full confidence.
Moreover, our panel also offer another benefit if you’re worried about the cost of hiring a solicitor. They can provide a Conditional Fee Agreement (CFA), a type of No Win No Fee contract that has numerous advantages. For example:
- There are no immediate solicitor fees to start work.
- No solicitor fees apply as the accident claim advances.
- Claims that are unsuccessful also require no solicitor’s fees at all.
- Winning claims are subject to a success fee deducted from your compensation. The percentage taken is small and legally capped.
- CFAs allow the claimant to access outstanding legal representation and keep the bulk of their compensation if the claim wins.
Contact Us For Free Advice
You can take the first step towards starting a claim by speaking to our advisory team:
- Call us on 0800 408 7826
- Log an online enquiry
- Use the live chat feature on this webpage.
Learn More
In addition to this guide on fall from height claims, you might find the following resources from our website useful:
- Looks at how much compensation after a fall may apply.
- Explores a breach of health and safety at work.
- Examines compensation for an injury at work.
You may also want to consider these external resources:
- The Health and Safety Executive (HSE) details best practices for working at heights.
- NHS information on checking your symptoms after a fall.
- Lastly, advice from the NHS on what to do after a fall.
In conclusion, thank you for taking the time to read our guide on fall from height claims. The team are available at a time that suits you to discuss any part of a compensation claim like this.