A Guide to Claiming Fall at Work Injury Compensation

If your life, or the life of a loved one, has been affected by a fall at work injury we can help.

The purpose of this guide is to help anyone who has suffered a fall at work injury and is considering a legal claim for compensation. If you are looking for medical advice, please see the NHS website.

Introduction

If you have sustained an injury from a fall within the last three years, either at your place of work or elsewhere while working for your employer, you may be entitled to make a claim.

man on crutches

What are the statistics?

Despite modern health and safety precautions, falls remain one of the most common workplace accidents.

Employers are obliged to protect their employees from injury. Nevertheless, thousands of workplace-related accidents still occur each year.

According to the Health and Safety Executive (HSE), 609,000 people suffered an injury at work.

7% of these accidents (42,630) of these work accidents were falls from height.

This is estimated to have resulted in a loss of nearly 30 million working days.

If you are injured in work-related fall you may be able to claim compensation for your injuries.

Do I have a fall at work injury claim?

It should be possible to make a fall at work injury claim if you were injured:

  • in the last three years and;
  • someone else was to blame.

Even if these two points don't apply to you, you may still be able to make a claim.

To find out for sure, speak to a legally trained adviser on 0800 612 7456.

A brief phone consultation will tell you exactly where you stand. There is no obligation to start a claim.

You can also find out if you have a claim with our Online Claim Checker.

Protection in the workplace - your rights

By law, employers must take reasonable steps to safeguard their employees from accident and injury.

Your employer is also required by law to carry valid Employer's Liability insurance to cover you in the event that you are involved in a workplace accident.

In most cases, the claim for compensation brought against employer is handled by the insurer. Most claims do not go to court.

Duty of care

An employer's duty of care is extensive. For example, your employer should:

  • keep the workplace in good and safe repair
  • remove tripping hazards such as trailing wires, damaged carpet and any other obstacles
  • keep any height-related equipment, such as ladders and scaffolding, in good condition and properly secure
  • install handrails in areas where slips and falls are likely
  • take reasonable safety precautions when outside work is necessary, such as gritting icy or frozen surfaces.

Above all, businesses must alert all their employees to the possible dangers, no matter how obvious they may seem.

How we have helped people injured in a fall at work

Our specialist work accident solicitors have obtained significant compensation for numerous employees injured in a fall at work.

The most serious injuries we have assisted with result from when working at height.

Extensive work accident claims experience

Our claims experience shows that ladders are particularly dangerous (if used incorrectly) and are often involved in accidents at height.

Other common injuries have been caused by:

  • equipment left lying around in inappropriate places
  • spills that have not been mopped up properly
  • defective or poorly repaired premises that cause a slip or fall.

In these and other cases, maximum compensation has been sought from the employer's insurance company where liability has been established.

How much compensation can I claim for a fall at work injury?

The amount of money you could claim for your fall at work injury will depend on:

  • the extent of your injury, and
  • any financial losses or costs you have incurred.

At the start of your claim, your solicitor will consider the many ways your fall at work injury has affected your life. Your solicitor will take all of these effects into account to calculate the correct compensation award for you.

This calculation will factor in 'general damages' and 'special damages'.

General damages

General damages are awarded for pain, suffering and loss of amenity (PSLA).

Awards for general damages are set by the Judicial College and published in their guidelines for personal injury awards.

Special damages

Special damages are for financial losses and expenses you have incurred as a result of the accident.

What can I claim for after a fall at work injury? (see list)

Examples of special damages (losses you can claim for) include:

  • Lost earnings (including future earnings)
  • Medical treatment costs
  • Physiotherapy
  • Travel costs
  • Costs of care
  • Costs of adapting your home or car

How is compensation calculated if I have multiple fall at work injuries?

If you have sustained multiple injuries, the compensation amounts are not simply added together.

The upper bracket of the most serious injury may be considered as a starting point, with a reduced amount applied for the other less severe injuries.

For example:

General damages for a serious back injury can be £30,000

For a more minor arm injury, in isolation, you would typically receive £4,000.

However, if you have a serious back injury and a more minor arm injury, you would typically receive £30,000 + a reduced percentage of £4,000.

Special damages, such as loss of earnings are not usually increased if you have multiple injuries.

What is the average injury compensation for a fall at work injury claim?

The Judicial College injury tables give a approximate idea of the ranges awarded for different injuries.

However, the money you would receive following a fall at work injury will depend entirely on your specific circumstances.

Your fall at work injury compensation will be calculated based on the unique impact your injuries have had on your life, your ability to work, and the actual financial losses you have incurred as a result of your injuries.

See the injury table above for some examples.

Can I claim for prescription costs?

Special damages?are awarded for costs or losses incurred as a result of the fall at work injury injury. Damages can include loss of earnings, treatment cost and any other 'out-of-pocket' expenses such as prescriptions.?

Fall at work injury compensation calculator

Calculating how much compensation you can claim for a fall at work injury can be complicated.

Our injury compensation calculator tells you if you may have a claim, how much compensation you could claim, and what you can claim for.

Find out what your fall at work injury claim could be worth now:

Calculate compensation

How long do I have to make a fall at work injury claim?

In general, you have a time limit of up to 3 years from the date of the fall at work injury to make an injury claim.

The last date you can make a claim is known as the claim limitation date - after which your fall at work injury claim becomes 'statute barred'.

Can I claim for a fall at work injury after 3 years?

Possibly. The general rule for adults is that a claim must be started within three years.

However, the three-year countdown starts on the day you learned of your injury or illness. This will usually be the date of the accident, but could be the date your doctor gave you a diagnosis.

There other circumstances that can also impact the limitation date. Call us now on 0800 612 7456 to find out if you are still able to claim fall at work injury compensation.

In reality, there are a number of factors that can affect whether a fall at work injury claim will be taken on by a solicitor.

Will I still be able to claim for a fall at work injury after the law changes in April 2020?

The law relating to personal injury claims is changing in April 2020.

You will no longer be able to claim no win, no fee compensation using a solicitor for lower value claims (under £5,000).

In addition, compensation for whiplash and other soft-tissue injuries will be reduced.

Caring and sensitive support

Your solicitor will handle your fall at work injury claim from the initial consultation through to the financial settlement. In addition, your solicitor will work with other specialists to help you with:

  • Financial support: interim payments while you are unable to work.
  • Advice: on personal injury trusts, tax and welfare benefits.
  • Coordination: with rehabilitation providers and therapists.
  • Access: to treatment and therapies not always available on the NHS.

Who pays for this specialist help?

The cost of treatment will be factored into your compensation settlement paid by the defendant or their insurance company. Should you require private treatment before the case settles, an interim payment to cover treatment costs may be possible.

No win, no fee - the facts

No win, no fee means that your solicitor will not charge you anything at all if your fall at work injury claim is unsuccessful. 'No win, no fee' is also known as a 'Conditional Fee Agreement' or 'CFA'.

Our no win, no fee guarantee

If you have been injured through no fault of your own, our no win, no fee guarantee takes the risk out of claiming compensation for your fall at work injury.

What do I pay if I win my fall at work injury claim?

Your injury solicitor will receive a success fee which is deducted from your compensation, once your claim is settled. The solicitor's success fee can be up to 25%. You and your solicitor can agree the success fee before you start your claim.

What do I pay if I do not win my fall at work injury claim?

If your fall at work injury claim is not successful then you won't have to pay your solicitor any fees.

Read more about making a No win, no fee claim

Why do most solicitors charge 25%?

25% success fees are charged by most law firms as this is the maximum fee that the Ministry of Justice allows them to charge. fall at work injury claims can take a solicitor hundreds of hours work and they receive nothing if the case is lost. In some cases our solicitors can work on a reduced success fee. Call us for more information.

How can Quittance help?

Our highly experienced panel of solicitors have an excellent track record of winning work accident claims. Your solicitor will fight for the best possible compensation settlement for you.

If you have any questions, or would like to start a No Win No Fee claim, we are open 8am to 9pm weekdays, 9am to 6pm on Saturday, and 9.30am to 5pm on Sunday.

Call us FREE 0800 612 7456 or arrange a callback:

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Fall at work injury FAQ's

Can I claim for someone else?

Yes. In certain circumstances, it is possible to claim compensation on behalf of another person in the capacity of a 'litigation friend'.

If an injured person is either too young or vulnerable, too injured or otherwise unable to claim on their own behalf, their litigation friend can handle the claim process on behalf of the injured person.

The litigation friend will be responsible for communicating with the solicitors, and for making decisions in respect of the claim.

Read more about claiming on behalf of another person.

Can I claim if I was partly responsible for an accident?

You may still be able to claim compensation even if you contributed to your accident or to your injuries.

However, if you were partly to blame (known as contributory negligence), your compensation may be reduced and it may be more difficult to prove liability.

Read more about claiming compensation if you were partly responsible for an accident.

How long will my claim take?

The length of time needed to secure compensation can vary considerably.

For example, straightforward car accident claims can settle in a matter of weeks, whereas complex medical negligence cases can take years.

Injury claims can also take longer if it is not clear who is responsible for your injury, or if liability is denied by the defendant.

Taken from average case times, this table sets out approximately how long personal injury claims take to settle:

Personal injury claim type

Estimated claim duration*

Road accident claims

4 to 9 months

Work accident claims

6 to 9 months

Medical negligence claims

12 to 36 months

Industrial disease claims

12 to 18 months

Public place or occupiers’ liability claims

6 to 9 months

MIB claims (uninsured drivers)

3 to 4 months**

CICA claims (criminal assault)

12 to 18 months**

*RTA and other claims processed through the Ministry of Justice portal can settle faster.
**Official Criminal Injuries Compensation Authority (CICA) Government agency and Motor Insurers’ Bureau (MIB) figures.

Read more about how long personal injury claims take.

Will I have to go to court?

Highly unlikely. The vast majority of claims that are settled by Quittance’s solicitor panel are settled out of court.

Only a very small percentage (approx. 5%) of personal injury claims go to court. Generally, only very complex cases, or those where liability cannot be resolved, end up in court.

Cases that do ultimately go to court are held in front of a judge, not a jury.

Read more: Will my injury claim go to court and what if it does?

Will I have to go to a solicitor's office?

No. You will not need visit a solicitor's office. As with most professional services, it is no longer necessary to meet face to face with your solicitor. Personal injury claims are dealt with via email, post and telephone.

Should you need to have a medical, this will be arranged at a medical centre near you or at your GP's surgery.

Read more: Will I have to visit a solicitor's office?

Can I get an early compensation payment?

If you suffer financial hardship as a result of an injury, you may be able to claim an interim compensation payment.

An interim payment is a partial settlement of your claim which is paid before your claim is concluded. The amount you receive in interim payments would then be deducted from your final compensation settlement or award.

Read more about interim compensation payments.

Howard Willis, Personal injury solicitor

About the author

Howard qualified as a solicitor in 1984 and has specialised in personal injury for over 25 years. He is a member of the Association of Personal Injury Lawyers (APIL) and is a recognised Law Society Personal Injury Panel expert.

Read more about this Quittance Legal Expert