Fall injury compensation claims
In this article we set out what you need to know about making a trip or fall accident compensation claim.
According to Health and Safety Executive statistics, 5,952 employees were injured in a fall from height between 2013 and 2014. 2,895 of these falls resulted in serious injury.
Falls from height are among the most common causes of serious accidents at work. Falls are also a frequent cause of injury among elderly people involving in accidents in public places, and people undertaking DIY projects around the home, including ladder accidents.
Quittance's network of solicitors have assisted a wide range of claimants whose injuries were sustained in a fall. Compensation is frequently claimed for at-risk jobs including:
- Builders, roofers and construction workers
- Warehouse workers
- Factory workers
Some work accidents, particularly factory accidents and accidents occurring on building sites, result in more serious injuries due to poor personal protective equipment (PPE). Regulations exist specifically to protect workers from this form of employer's negligence.
Suitable PPE can, for example, make the difference between a fall accident resulting in a minor head injury and a serious concussion. It is the employer's duty, not that of the worker, to provide this protection.
Compensation claims have also been made by:
- Pedestrians, including elderly people, injured in falls caused by broken pavement and damaged steps and handrails
- Shoppers hurt in slips, trips and falls due to spills and other hazards
- Visitors to other public buildings and spaces, including parks, gyms, swimming pools and local authority offices
Falls at work
If the fall occurred at work, your employer will likely be responsible under law. The Work at Height Regulations 2005 is a key piece of legislation in this context.
Employers have a legal obligation to ensure that all staff are properly trained to complete their duties; that they have the necessary tools and equipment to get the job done; and that the equipment provided is safe to use.
Falling from height should only occur if the correct safety procedures have not been followed, but even if the breach results from the negligence of a co-worker rather than inadequate procedures, it is the employer who will be held liable for the accident and subsequent injury.
Falls in shops and other public places
Falling while at commercial premises, such as a shop, can be the result of poorly maintained fixtures and fittings or failure to highlight any potential dangers such as spilt liquids. The shop's owner or operator will have public liability insurance to cover compensation in the event that a successful claim is made.
If you suffer a fall from height in a public area such as a park, the local authority or entity responsible for maintenance of the park could be held responsible. Provided that you were using the space in the way in was intended to be used (e.g. holding a handrail rather than hanging off it), a claim can usually be made.
Falls at home
If the accident happened at home, proving liability can be more difficult. Falls that occur as the result of a broken ladder or other defective product may be easier to prove, with the broken item itself being a key piece of evidence, unless the defective nature of the item was clear before it was used. Claims against building contractors can also be made in the event that poor-quality work results in injury.
I have a strong claim - why won't a solicitor take it on?
The Courts recognise that fall injuries can have serious, long-term consequences. General damages for severe back and head injuries and consequently higher than for other, less debilitating injuries.
Special damages can also be paid to cover the cost of treatment and physiotherapy resulting from the accident, including private care.
Typically a no win no fee arrangement (more correctly referred to as a Conditional Fee Agreement or CFA) is put in place between the claimant and a qualified lawyer.
The no win no fee agreement is essentially the terms under which the solicitor acts for the client.
It sets out what the solicitor will actually do and how the solicitor will be paid if the case is won.
If you choose Quittance Personal Injury for your fall injury compensation claim there are no additional costs in the terms and conditions , nothing to pay up-front and the peace of mind that you will never 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 fall accident compensation from your employer: Read more about work accident claims
*Source: 2016/17 Health and Safety Executive (HSE) report
Meet the team
Quittance's nationwide panel of solicitors handle all types of personal injury claims and have a wealth of expertise with short-term, serious and life-changing injury claims. Selected for their track record in recovering compensation, Quittance's panel solicitors have years of experience handling claims on behalf of injured claimants.