A Guide to Claiming Fall at Work Injury Compensation
Updated: Sep 2, 2019
The following guide covers everything you need to know about making a successful fall at work accident compensation claim.
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.
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?
You should be eligible to make a fall at work injury claim if your injury occurred:
- in the last three years and,
- someone else was at fault.
However, there may be other considerations that mean you have a valid claim - even if the above points do not apply to you.
To get an impartial answer, speak to a fall at work injury claim expert on 0800 612 7456.
A short call will confirm whether you have a claim. We will not put you under any pressure to pursue a claim.
You can also find out if you have a claim with our Online Claim Checker.
What if the injury was diagnosed years after the event?
Typically, the dates of the injury and accident are the same. However, some injuries manifest themselves months or even years after the accident or exposure.
In this case, the clock starts ticking on the date of discovery (the date of diagnosis) of the injury rather than the date of the accident.
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 Lliability 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.
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 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 are for financial losses and expenses you have incurred as a result of the accident.
See a list of what you can claim for:
Examples of special damages include:
- Lost earnings (including future earnings)
- Medical treatment costs
- Travel costs
- Costs of care
- Costs of adapting your home or car
Find out what your claim could be worth now
Assessing a claim's value at the outset can be complicated.
If you would like a FREE claim estimate with no obligation to start a claim, call 0800 612 7456.
Alternatively, our compensation calculator will give you an instant estimate of what your claim is worth.
Caring and sensitive support
Your solicitor will handle your fall at work injury case 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.
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.
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:Call me back
No Win, No Fee
to start a claim
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.
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.
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*
4 to 9 months
6 to 9 months
12 to 36 months
12 to 18 months
6 to 9 months
3 to 4 months**
12 to 18 months**
**Official Criminal Injuries Compensation Authority (CICA) Government agency and Motor Insurers’ Bureau (MIB) figures.
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.
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.
Can I get an interim compensation payment?
If you suffer financial hardship as a result of an injury, you may be able to claim interim compensation payments.
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.