Falling object injury compensation claims
This guide looks at everything you must know about making a falling object accident compensation claim.
Accidents involving falling objects can occur in a variety of situations, from a pedestrian being struck by falling signage to a factory worker knocked down by unstable boxes. In such situations, if the object fell due to negligence from a third party, the person affected could be entitled to compensation.
Injuries from falling objects can be significant, ranging from cuts, bruises and concussion to fractures and serious head, neck and back injuries. If a person has suffered medical and financial losses as a result, receiving compensation can help the rehabilitation process.
If you have suffered a falling object injury in the last three years (longer if children were involved) and someone else was to blame, then we can help you make a compensation claim.
Numerous falling object accidents happen in public places or private residences every year. However, a large majority of serious accidents of this type occur in the workplace.
According to a Health and Safety Executive (HSE) report informed by RIDDOR statistics (Reporting of Injuries, Diseases and Dangerous Occurrences Regulations), around one in ten major/specified injuries in the workplace were caused by being ?struck by a moving object' during 2013/14.
Within this, manufacturing was the industry with the highest number of reported injuries.
The definition of ?struck by a moving object' includes objects falling from: structures such as ladders, buildings and mine shafts; lifting machinery, vehicles and other equipment; any other specified or unspecified way.
I have a strong claim - why won't a solicitor take it on?
In a workplace setting the responsibility for accidents lies with the employer and/or site manager. Employers are governed by a number of regulations which should ensure the health and safety of their employees.
Regulations include, amongst others:
- The Health and Safety at Work etc Act 1974
- The Working at Height Regulations 2005
- Personal Protective Equipment at Work Regulations 1992
- The Provision and Use of Work Equipment Regulations 1998 (PUWER).
The legislation contains relevant provisions such as:
- Providing risk assessments, adequate safety measures and staff training
- Preventing or stopping objects from falling, which could include attaching ties or safety lines, placing suitable guards or safety mesh below, using exclusion zones, storing objects safely, using covered platforms, only placing equipment at height that is absolutely necessary
- Providing suitable Personal Protective Equipment (PPE) such as safety helmets and hard hats
The employer's duty of responsibility extends from the employer to the public if the work setting presents a risk to pedestrians or those nearby. An example would be an accident involving an item falling from a scaffold or ladder and injuring a member of the public.
For other accidents involving falling objects in another public or private setting, responsibility lies with the owner of the land or property. This could be a shop keeper whose sign fell onto a passer-by or a building owner where something dropped from a window or balcony.
Compensation guidelines are laid out by the Judicial College (formerly the Judicial Studies Board). This compensation reflects the nature and extent of any injuries, including likely recovery times. Compensation is laid out in the form of maximums and minimums awarded for any specific injury.
The guidelines are, technically, not law but they are widely adopted and adhered to by the Courts as well as the majority of insurers. Quittance's Compensation Claims Report predicts the amount of compensation you could receive by referring to factors both specific to your accident or illness and to these guidelines.
You can also claim special damages for travel expenses and the cost of medical treatments.
Typically a no win no fee contract (more correctly called a CFA or Conditional Fee Agreement) is entered into between a claimant and a specialist injury solicitor.
A Conditional Fee Agreement is in essence the terms and conditions under which the solicitor acts for the claimant.
The CFA documents what the lawyers will actually do and how he or she will be rewarded if the case is won.
If you decide to choose Quittance for your falling object injury compensation claim there will be no hidden or extra costs , no up-front fees and the complete peace of mind that you wont be financially out of pocket.
Accidents at work - Claims against your employer
Every year, 600,000* employees are injured in accidents at work. If you have suffered an injury or illness at work, you may able to claim compensation.
Find out if you can claim falling object injury compensation from your employer: Read more about work accident claims
*Source: 2016/17 Health and Safety Executive (HSE) report
Meet the QLS team
The national panel of Quittance solicitors help injured people with all types of personal injury claims, from relatively minor claims to catastrophic injury. Selected because of their success rate in winning claims, Quittance's panel solicitors have years of dedicated experience.