By Jo Anderson. Last Updated 13th November 2023. If you’ve suffered an injury at work after a fall, you may be here looking for information on claiming compensation. If so, you’ve come to the right place. In this guide, we explain the process of claiming fall at work compensation and how our workplace accident solicitors can help you.
There is health and safety legislation in place to help reduce workplace risks. We look at protection given to employee health and safety. If this legislation isn’t adhered to and you are injured as a result you might be able to claim compensation for a fall at work.
If you decide to make a compensation claim for your injuries after a slip, trip or fall, you may want to instruct specialist solicitors like us to help you. We operate on a No Win No Fee basis and can extend that service to you.
To talk to us about your slip, trip or fall claim today:
- Call 0800 073 8801
- Contact us online
- Use the live chat at the bottom of your screen.
Select A Section
- What Is The Average Fall At Work Compensation Payout?
- Can I Claim Compensation For A Fall At Work?
- How To Prove A Fall At Work Compensation Claim
- What Injuries Could You Claim Compensation For After A Fall At Work?
- What Should Employers Do To Prevent Falls At Work?
- How Common Are Falls At Work?
- Claim With Our No Win No Fee Personal Injury Solicitors
What Is The Average Fall At Work Compensation Payout?
Let’s take a look at how much compensation you could receive for a fall at work.
First, it’s important to note that a compensation payout could include up to two heads of claim:
General Damages (For Your Injury)
The first head of your claim seeks to compensate you for your physical injury and any emotional suffering experienced as a result of the injury or caused by the accident itself. We cannot tell you how much you will receive because of the variables that impact claims.
What we can do, however, is provide you with examples of figures from the same document that legal professionals use when assigning value to injuries. The Judicial College Guidelines (JCG) provide a list of injuries alongside compensation claim brackets.
Our examples in the table below are from the spring 2022 edition of the JCG.
Injury | Severity | Potential Compensation | Notes |
---|---|---|---|
Multiple serious injuries plus special damages. | Severe | Up to £1,000,000+ | Multiple serious injuries plus special damages such as medical expenses. |
Brain damage | Moderate (c) (ii) | £90,720 to £150,110 | Reduced or removed employability with moderate to modest intellectual deficit and some epilepsy risk. |
Neck Injuries | Severe (a)(i) | In the region of £148,330 | Causing incomplete paraplegia or other extremely serious injuries. |
Arm Amputations | Severe (a) | £96,160 to £130,930 | Where the arm is not lost but the injury is so severe it compares to amputation. |
Arm injuries | Permanent and substantial (b) | £39,170 to £59,860 | Significant disability that could be functional or cosmetic caused by serious forearm fractures that may have occurred in one or both arms. |
Severe leg injuries (b) | Serious (iii) | £39,200 to £54,830 | Scarring, instability and probable arthritis from serious compound or comminuted fractures or joint or ligament injuries. |
Ankle injuries | Severe (b) | £31,310 to £50,060 | Significant residual disability from injuries requiring extensive treatment. |
Back injuries | Moderate (b) (ii) | £12,510 to £27,760 | Exacerbation or prolonged acceleration of pre-existing back problem from injuries including to the soft tissue, muscles and ligaments. |
Facial injuries | Skeletal injuries (b) | £14,900 to £23,950 | Some permanent deformity as a result of multiple fractures to bones in the face. |
Shoulder injuries | Serious (b) | £12,770 to £19,200 | Pain in shoulder and neck plus sensory problems in forearm and hand from dislocations and lower brachial plexus damage. |
Please note, that there isn’t an accepted average compensation payout for a fall. Each case is unique and is valued on its own facts.
Special Damages (For Financial Losses)
Under the special damages head, it’s possible to recover financial losses in claims for slips, trips and falls. Proof of your expenses must be supplied, such as receipts, payslips or invoices.
Recovered expenses could include:
- Loss of earnings/loss of future wages if you had to take time off work.
- Additional medical costs, such as therapy or cosmetic surgery.
- Required home or vehicle adaptations.
How much compensation you receive will depend upon the severity of your injuries, how long they take to heal and the level of financial loss that the injury has caused you.
For example, the injuries caused by a slip and fall could see you suffer a life-changing spinal injury, in which case you may be unable to work again. A compensation payout would account for this in full.
Speak to our work injury claims team for a free estimation of your potential fall at work compensation payout.
Can I Claim Compensation For A Fall At Work?
There are certain criteria that your case must make to allow you to claim fall at work compensation. You would need to prove that someone owed you a duty of care and that they breached it, causing your injury.
Under the Health and Safety at Work etc. Act 1974 (HASAWA), your employer owes you a duty of care regarding your health and safety at work. They must take reasonably practical steps to reduce the risk of you coming to avoidable harm while working.
Some of the steps your employer could implement to maintain their duty of care could include:
- Ensuring all staff have received sufficient training to complete their duties.
- Providing personal protective equipment (PPE) if required.
- Performing regular maintenance checks and risk assessments.
If you can demonstrate that your accident and subsequent injuries were caused by your employer’s breach of their duty of care, you may be able to make a fall at work claim.
If you are unsure whether you could make a personal injury claim, please contact an advisor. They could check this for you free of charge.
How Long Do I Have To Claim For A Fall At Work?
Let’s take a look at the time limits for claiming compensation for a fall at work.
Under the Limitation Act 1980, you would typically have three years to file your claim from the date of the accident. However, there are some exceptions that might apply.
For example, if the accident happened to a minor, the time limit is paused until they turn 18. From this date, they can start their own claim, provided one hasn’t already been made for them. Alternatively, while the pause is in place a litigation friend could make a claim on their behalf. This could be an appropriate adult, such as a parent or relative or a solicitor.
There could also be an exception if the injured person lacks the mental capacity to claim. In such cases, the limitation period would be frozen indefinitely. During this time, a litigation friend could make a compensation claim on behalf of the injured party. If no claim is made, and the injured person regains capacity, they would have three years from the date of their recovery to claim.
To learn more about time limits for workplace accident claims, you can contact an advisor.
How To Prove A Fall At Work Compensation Claim
The Health and Safety at Work etc. Act 1974 (HASAWA) states that anyone employing staff owes these staff members a duty of care. Your employer will need to take reasonable steps to reduce risks faced by the workforce.
They may need to conduct a risk assessment, for example, to determine any risks of slips, trips and falls. Even an office will need a risk assessment. An employee may have tripped over a wire and injured their knee in an accident that could have been prevented had the employer conducted a risk assessment.
As we’ve seen above, if you are injured in a slip, trip or fall at work due to your employer breaching their duty of care, you might be eligible to make a workplace fall claim.
To help prove employer negligence in a personal injury claim following an accident at work you will need evidence. Evidence might include:
- Medical records and notes following the treatment of your injury
- Witness contact details. If you work with our solicitors they’ll get in touch with any witnesses to take a statement in support of your case
- Accident book entry – every employer should have a book in which you can record the accident, injury and the cause
- Photographs of the scene – images like this, as well as CCTV footage, can show the cause of the fall
Talk to our work injury claims team to discuss what evidence could be submitted for your fall at work compensation claim.
What Are The Causes Of Slips, Trips And Falls At Work?
Many different types of slips, trips and falls could happen in the workplace. Some common causes could include:
- Spillages- Your employer has a duty of care to ensure that any spillages are quickly cleared up or cordoned off. If they fail to do so and you slip, you could be eligible to make a personal injury claim.
- Inadequate handrails – In stairwells and on balconies, handrails are an important barrier to prevent you from hurting yourself. If these are not in place, or they are broken, this could lead to you suffering a fall
- Trailing wires or cables – If these have not been tidied away or have been securely tied down, this could cause you to trip over them, and you could suffer from various injuries.
These are just a few examples. If you want to learn more about making a fall at work claim and to gain advice on your specific case, please contact an advisor.
What Should Employers Do To Prevent Falls At Work?
Slips, trips and falls in the workplace are some of the most avoidable accidents according to the Health and Safety Executive (HSE).
As we already stated, employers owe their workforce a duty of care. They may carry out a risk assessment to identify slip, trip or fall risks. Additionally, if working at heights cannot be avoided, they may carry out a more specific risk assessment addressing this.
A risk assessment allows risks to be identified. From there, action could be taken to reduce these risks.
Employers might also ensure that safety measures are taken, such as providing handrails to prevent a fall down the stairs. Also, they may have policies for alerting staff to spillages as well as policies for ensuring any spills are cleaned in a timely manner or that warning signs are displayed to minimise the risk of workplace injuries.
Employers should provide their employees with appropriate training. This includes when there is a risk of falling, either at the same level or from a height. If working at heights cannot be avoided, employers should also provide appropriate and well-maintained equipment. A risk assessment could identify if working at heights could be avoided, such as using extendable tools instead.
Contact our work injury claims team for free legal advice about making a claim for a fall at work.
How Common Are Falls At Work?
You might be wondering ‘Are Falls From Heights Or On The Same Level More Common?’ The Health and Safety Executive (HSE) collects workplace accident statistics.
Under the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 (RIDDOR) an obligation is placed on employers and self employed workers to report certain occupational diseases, serious workplace accidents, and specified dangerous occurrences. Across all industry groups during 2020/21 there were a total of 51,211 non-fatal injuries to employees in Great Britain reported under RIDDOR.
Of these:
- A slip, trip or fall on the same level accounted for 16,698 reportable injuries.
- Falls from a height accounted for 4,143 reportable injuries.
So, according to these statistics, it appears that more reportable injuries occurred due to slips, trips or falls on the same level during 2020/21.
Our work injury claims team can help you begin your fall at work claim today.
Claim With Our No Win No Fee Personal Injury Solicitors
You wish to claim on a No Win No Fee basis for your injuries caused by a fall at work. Their services could be provided to you under a Conditional Fee Agreement (CFA). This type of funding arrangement is also known as No Win No Fee agreements.
Under No Win No Fee your personal injury solicitors won’t ask for an upfront fee. A fee is taken from the awards of successful claims. This is called a success ffatfee and it will be subject to a legal cap. If your accident at work claim is not successful, you won’t have to pay your solicitor’s legal fees and costs.
Our accident at work claims team provides free legal advice 24 hours a day, 7 days a week if you’ve been injured in a fall at work. They can advise you on the claims process and the steps we can take to help you get the compensation you deserve.
To talk to us for free today to see how much compensation you could receive for a fall at work, you can:
- Call 0800 073 8801
- Contact us online about your accident claim
- Use the live chat at the bottom of your screen for free advice
More Resources On Slip, Trip Or Fall Claims
To learn more about slip, trip or fall claims, please see the guides below:
Below, you can find links to some more of our guides on accident at work claims:
- Head here to view our Accident At Work FAQs
- You can learn more about making an accident at work claim here
- Learn how to make tendon injury at work claims
- A guide to factory accident claims
- How to sue for carbon monoxide poisoning at work
- Find answers to questions on what to do if you have an accident at your workplace
- See if you can claim if you were attacked as a lone worker
- A guide to construction accident claims for compensation
- What to do if you slipped on a wet floor at work – for advice on slips, trips and falls caused by spillages, this guide offers vital information and support.
- Head here to learn about accidents caused by trailing lead hazards
- Here’s a guide on injuries caused by dangerous machinery at work
- See if you can make a No Win No Fee accident at work claim
- Find examples of payouts for fatal accidents at work
For more advice on making a claim for a fall at work, please get in touch.