This guide will explore the process of making fall from height claims. If you were injured in an accident that happened due to third-party negligence, you could be entitled to compensation. We will explore the steps you can take following an accident to build a strong case.
Fall from a height claims guide
You are owed a duty of care from a third party in multiple environments. We will discuss the different legislation in place that outlines the responsibilities of various third parties.
You may be interested in working with a solicitor on a No Win No Fee basis. In this guide, you can read more about the type of arrangement offered by the solicitors from our panel.
Although we have aimed to provide the information you need, we understand you may still have questions after reading. To reach us, you can:
- Speak to an advisor instantly using the live chat feature
- Contact us using the number above
- Fill out the contact form with your query
Choose A Section
- Can I Make Fall From A Height Claims?
- What Is A Fall From A Great Height?
- Examples Of Falls From Significant Heights
- Payouts For Fall From A Height Claims
- Could I Work With A No Win No Fee Solicitor?
- More Information About Fall From A Height Claims
Can I Make Fall From A Height Claims?
In order to make fall from a height claims, you must prove that:
- A third party owes you a duty of care
- This duty of care was breached
- Your accident and subsequent injuries were caused as a result
If your injuries were caused due to third-party negligence, you might be entitled to a fall from a height settlement. However, if your injuries were caused due to your error alone, it’s unlikely you will be able to claim.
There is a general 3-year personal injury claims time limit to start your claim. This is either from the date of the accident or the date you connected your injuries with negligence. However, there are exceptions that may apply to your specific case.
You can speak to our advisors for information about the time limit exceptions and whether you’re eligible to seek compensation.
Fall Accident Statistics
Statistics for work-related accidents are collated by the Health and Safety Executive (HSE) based on employer reports. As per these reports, it was found that there were 51,211 employee non-fatal injuries.
Slip, trip, and fall accidents were the most common causes of these injuries, totalling up to 33% of non-fatal injuries. Additionally, falls from a height made up 8% of non-fatal injuries.
What Is A Fall From A Great Height?
A fall from a height could include falling from buildings under construction work, workplace equipment such as a ladder or scaffolding or falling down stairs.
Suffering from a fall could impact you in various ways. For example, you may need to take time off work to recover, which can negatively impact your finances. Although you could be eligible to receive statutory sick pay, it may not cover your total income.
Falling from heights could also result in serious physical injuries requiring extensive medical attention. This could have an impact on your quality of life, such as restricting your ability to partake in hobbies you enjoy or returning to work. Consequently, this could have an impact on your mental well-being.
However, you could seek compensation for the different ways your injuries have impacted you. Continue reading to find out more.
Examples Of Falls From Significant Heights
There are various places you could experience a fall from a height. For example:
- Accident at work: Your employer owes you a duty of care in the workplace under the Health and Safety at Work etc. Act 1974. They must do everything reasonably possible to keep you safe by reducing or removing the risk of workplace injuries. Failure to do so could result in an employee sustaining harm in an accident at work. Examples of accidents at work can include you falling from a faulty ladder that your employer was aware of and failed to address.
- Accident in a public place: The person in control of a public space owes a duty of care under the Occupiers’ Liability Act 1957. Accidents could occur if they fail to uphold their duty of care. For example, they may fail to complete regular maintenance and health and safety checks leading to someone falling down a faulty escalator.
It is important that you provide evidence to support fall from a height claims. Relevant evidence can include witness contact details that can be used to request witness statements. It can also include CCTV footage and photographs of the scene of the accident and your injuries.
You could also provide medical evidence such as hospital reports and prescriptions. These can provide an insight into the severity of your injuries and help value your claim.
For more information on evidence needed to make a personal injury claim, call our team.
Payouts For Fall From A Height Claims
When making fall from a height claims, your settlement could consist of:
- General damages: These compensate you for the physical and emotional pain and suffering caused by the injuries you sustained.
- Special damages: These reimburse you for any financial losses caused by your injuries. This includes any travel costs, medical bills and loss of earnings as a result of being injured. Evidence is required to claim these costs back, such as payslips and receipts.
We’ve included a table below that contains guideline compensation brackets in the Judicial College Guidelines (JCG). Legal professionals use the compensation brackets in the JCG to help them value general damages. We have used figures from the most recent edition of the JCG, published in April 2022, to create the following table.
Please be advised that the compensation brackets are a guideline. All claims are unique and several factors are considered when valuing settlements.
| Injury | Compensation Bracket | Description |
|---|---|---|
| Very Severe Brain Damage (a) | £282,010 to £403,990 | The person may have some ability to follow basic commands but language function is reduced, and full-time care is required. |
| Moderately Severe Brain Damage (b) | £219,070 to £282,010 | The person will have a very serious disability and will need constant professional care. |
| (a) Severe Neck Injury (i) | In the region of £148,330 | This bracket covers incomplete paraplegia with an associated neck injury. |
| (a) Severe Back Injury (i) | £91,090 to £160,980 | Most severe cases involve spinal cord and nerve root damage. |
| (b) Serious Shoulder Injuries | £12,770 to £19,200 | A shoulder dislocation alongside lower brachial plexus damage. |
| (a) Severe Injuries To The Pelvis And Hips (i) | £78,400 to £130,930 | Pelvis fractures that are extensive and involve a ruptured bladder and low back joint dislocation. |
| Arm Injuries (b) | £39,170 to £59,860 | Serious fractures affecting one or both forearms causing a permanent and substantial disability. |
| Elbow Injuries (a) | £39,170 to £54,830 | A severe and disabling injury. |
| (a) Severe Leg Injuries (ii) | £54,830 to £87,890 | Very serious injuries that cause permanent mobility issues. |
| (a) Very Severe Ankle Injuries | £50,060 to £69,700 | Injuries in this bracket include a transmalleolar fracture. |
For more information on how legal professionals calculate compensation call our team. They can provide an accurate estimate of what your personal injury claim could be worth.
Could I Work With A No Win No Fee Solicitor?
There are different types of No Win No Fee arrangements which can allow you to fund legal representation. Our panel of solicitors offer to represent claims under a Conditional Fee Agreement (CFA). This means you can access their services without paying any upfront or ongoing costs. There are also no fees to pay for their services if your claim fails.
There is a legally capped success fee that is taken from compensation in successful claims. However, your solicitor will discuss the fee with you before your claim begins.
Our advisors can connect you with a No Win No Fee solicitor from our panel if they believe that your claim has a chance of succeeding. Contact our team of advisors today for more information.
Speak With Our Advisors About Fall From A Height Claims
To discuss your eligibility to make fall from a height claims in more detail, you can get in touch with our team by:
- Filling out our contact form
- Calling on the number above
- Speaking with an advisor via the live chat function below
More Information About Fall From A Height Claims
We have provided some helpful external resources below:
- The government website explains how you can apply for Statutory Sick Pay (SSP).
- See the NHS website for first aid information.
- Visit the HSE website for accident at work statistics.
Additionally, we have provided some of our other guides that you may find beneficial:
- What Are The Most Important Accident At Work Laws?
- What Do The Official Accident At Work Statistics Tell Us?
- How Long Does An Accident At Work Claim Take?
We hope this guide has helped you understand the process of making fall from a height claims. Call us if you have any other information.
Writer Jess Atkins
Editor Meg MacAllister