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I Tripped And Fell At Work – Can I Claim?
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If you've been hurt, our trusted solicitors can help
No upfront fees. No obligation. A specialist will review your enquiry and come back to you.
Trusted by injured people across the UK
By Jo Anderson. Last Updated 5th June 2023. This article will guide you on the steps you can take if you tripped and fell at work. There are various ways these types of accidents could occur. For example, your employer may breach the duty of care they owe you and cause you to sustain harm in a slip and fall accident. We will provide further detail on your employer’s responsibilities throughout this guide.
I tripped and fell at work, can I claim?
Falls at work can involve slipping on the same level or falling from a height. Oftentimes they can be prevented if your employer has upheld their duty of care.
If this is the case, you may wonder whether you could seek compensation for the harm you have been caused and the ways in which your life has been impacted. This guide will explore whether your accident at work claim meets the relevant criteria and the steps you could take to support your case.
Read on to find out more information about what to do if you trip and fall at work. Alternatively, you can get in touch with our advisors to discuss your potential claim by:
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The Health and Safety at Work etc. Act 1974 (HASAWA) requires employers to minimise or remove the risk of known hazards in the workplace by taking reasonable steps to ensure the health and safety of employees. This is known as a duty of care. When they do not uphold this duty of care by failing to take adequate measures to establish a safe working environment, this can expose workers to undue risk.
For example, you may have tripped over a wire trailing on the office floor due to your employer failing to carry out regular risk assessments of the work space. As a result, you may sustain an ankle injury as well as a severe head injury.
There are various other ways a trip and fall accident could occur, such as:
However, it’s important to note that not all incidents of harm sustained at work will form the basis of a valid claim. In order to seek compensation after you tripped and fell at work, you must prove your employer’s negligence caused you to sustain harm.
If you trip and fall while in the workplace and believe the accident occurred because of a hazard your employer should have addressed, call us to find out whether you’re eligible to seek compensation.
If you are eligible to make a personal injury claim after you tripped and fell at work, you will need to start proceedings within the relevant time limit. The Limitation Act 1980, states that you will have three years to start your claim from the date of the accident that injured you.
However, there are some exceptions that could apply to this. For example, if someone under the age of 18 tripped and fell, the time limit is paused until their 18th birthday. However, before this date, a court-appointed litigation friend could claim on their behalf. If a claim has not been made by their 18th birthday, the injured party will have three years from that date to start one.
Furthermore, the time limit is suspended indefinitely for those who lack the mental capacity to make their own claim. During this time, a litigation friend could claim on their behalf. Should they regain this mental capacity and a claim has not already been made, they will have three years to start one from the date of recovery.
If you have any questions such as ‘I fell at work, what should I do if I want to claim compensation?’, please call our team. They assess your claim, and inform you whether you are within the time limit.
It’s possible to sustain any number of injuries from a trip or fall, ranging from a minor injury to severe. The personal injury claims process takes into account the severity of the injury, so any compensation awarded will reflect the level of harm you have suffered.
Some injuries that could be sustained if you tripped and fell at work include:
It is important to seek medical advice in regards to the injury you sustained at work. Not only will this ensure you receive treatment for your injury but it can provide medical documentation to show the extent of the harm you have suffered. This can be used as evidence to support your claim.
As mentioned, your employer owes you a duty of care. This means they must, wherever reasonably possible, identify and minimise risks to their employees while at work. Additionally, you also have a responsibility to adhere to any health and safety policies your employer puts in place to prevent accidents from occurring.
There are instances where your employer may fail to uphold their duty of care.For example, they may:
If you tripped and fell at work and want to find out whether you’re eligible to seek compensation, call us on the number above.
As previously mentioned, the HASAWA stipulates that your employer must take reasonable steps to minimise risks to their employees while at work.
The Management of Health and Safety at Work Regulations 1999 goes a step further, specifying that employers must carry out regular risk assessment checks. Furthermore, they must address any issues flagged during these checks and remove potential hazards.
According to the Health and Safety Executive, employers reported a total of 51,211 non-fatal injuries under the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 during 2020/21. Of these:
Compensation for a personal injury claim can comprise up to two heads of claim: general damages and special damages. General damages are always awarded in a successful personal injury claim, while special damages are paid out on a case-by-case basis.
The compensation awarded for general damages focuses on the pain and suffering of your injury and takes into account the severity of your injury as well as the impact it’s had on your quality of life. It considers both physical and psychological injuries.
When valuing this head of claim, solicitors can use the Judicial College Guidelines to help them.The guidelines contain compensation brackets for different injuries all varying in severity. We have used these figures in the table below. However, as other factors are considered when valuing your injuries, you should only use the figures as a guide.
| Injury Type | Compensation Bracket | Notes |
|---|---|---|
| Very Severe Brain Damage (a) | £282,010 to £403,990 | The person will require full time care and will experience several ongoing issues. |
| Severe Neck Injuries (a) (iii) | £45,470 to £55,990 | This bracket includes severe soft tissue damage or ruptured tendons causing chronic conditions and a permanent disability that’s significant in nature. |
| Severe Ankle Injuries (b) | £31,310 to £50,060 | This bracket includes injuries requiring an extensive treatment period leaving a residual disability that is significant. |
| Severe Knee Injuries (a) (iii) | £26,190 to £43,460 | Injuries that are less severe causing ongoing symptoms such as pain and discomfort. |
| Moderate Injuries to the Pelvis and Hips (b) (i) | £26,590 to £39,170 | Hip replacement surgery may be required for cases in this bracket. |
| Less Severe Injuries to the Elbow (b) | £15,650 to £32,010 | Function is impaired but major surgery won’t be required. |
| Wrist Injuries (a) | £47,620 to £59,860 | An injury that leads to complete loss of function in the wrist. |
| Moderate Foot Injuries (f) | £13,740 to £24,990 | A fracture of the metatarsal that’s displaced. The result is ongoing symptoms and permanent deformity. |
| Moderate Shoulder Injuries (c) | £7,890 to £12,770 | Limited movement and discomfort for around two years due to frozen shoulder. |
Special damages could also be awarded as part of the settlement you receive. This head of claim compensates for the financial losses incurred as a result of your injury. Examples of the losses you could claim back under special damages include:
Call our team for more information on how much personal injury compensation you could be owed.
If you tripped and fell at work and injured yourself as a result of your employer’s negligence, you may wish to hire legal representation. If you’re apprehensive about the cost of doing so, you may find the option of a No Win No Fee agreement beneficial.
There are many different types of these agreements, such as a Conditional Fee Agreement (CFA). Our accident claim solicitors can offer their services under a CFA. As such, there will be no fees for the services they provide upfront or if your claim fails.
If the claim is successful, a small success fee will be taken from your compensation. This is capped by law.
For more information about whether you’re eligible to have a solicitor represent your claim on this basis or to discuss your potential claim, get in touch by:
We hope this guide has answered the question ‘I tripped and fell at work, can I claim compensation?’. However, if you need any other information, please get in touch on the details below.
Guide by MF
Edited by MMI