When can I claim compensation for a fall from height?

You may be eligible to claim compensation for a fall from height if someone else’s negligence caused the fall.

It is your employer’s legal responsibility to provide a safe working environment. If you have been injured because your employer has breached this duty of care and failed to meet these responsibilities, you may be entitled to claim compensation.

In most cases, you have up to three years from your fall to start your claim.

Your rights to claim compensation for a fall from height are the same whether you are employed, self-employed, an agency worker or on a zero-hours contract.

Our specialist accidents at work solicitors have over 200 years of combined legal experience successfully representing clients who have suffered an injury at work through no fault of their own. Speak to us today and start your no win no fee claim.

What are the most common accidents caused by working at height?

According to the Health and Safety Executive, falls from height are the most common cause of serious injury and sometimes fatal accidents in the workplace.

Accidents from working at height most commonly occur when the workplace environment is unsafe. Such examples include:

• Slips, or falls from scaffolding,
• Slips or falls from an unsecured ladder
• Falls from using a ladder that is too small or not balanced at the correct angle
• Falls from unprotected edges with missing barriers
• Falls caused by faulty or inadequate safety equipment
• Falls caused by workers not being provided the proper work access, such as a working platform to carry out a task.
• Falls through a roof or false ceiling
• Falls from a mobile elevated work platform (MEWP), such as a scissor lift or cherry picker.
• Falls caused by inadequate training
• Falls caused by inadequate lighting
• Falls caused by inadequate cleaning
• Falls caused by working in bad weather conditions

Which jobs are most at risk from falls from height?

While many would be right to think that the majority of falls from height in the workplace come from within the construction industry, there are a significant number of professionals that involve working at height.

Unfortunately, when safety has been compromised, accidents can occur. In our three decades of experience, we have seen claims for falls from height in the following jobs.

• Construction workers
• Motor vehicle repair workers,
• Scaffolders
• Roofers and carpenters
• Insulators
• Farmers and agricultural workers
• Structural iron and steel workers
• Window cleaners
• Electricians
• Warehouse and logistics workers
• Maintenance workers
• Sales assistants

How much compensation can I claim for a fall from height?

The amount of compensation you may receive if you’ve suffered from a fall from height will depend on the severity of your injuries and their effect on you or your family’s life.

There isn’t an average compensation amount for a fall from height, as each claim is unique in its circumstances. However, more serious injuries, particularly those that may have a significant impact on your quality of life, will usually result in a higher compensation amount.

How is compensation calculated for a fall from height accident claim?

Compensation for injuries caused by a fall from height is calculated by combining the compensation you may receive for general damages and special

General damages are awarded for the pain, suffering and loss of amenity caused by your injury, often referred to as PSLA. These amounts are assessed in accordance with the Judicial College Guidelines, published by the Ministry of Justice.

When calculating general damages, consideration is given to both the physical and psychological impact of your injuries, including how they have affected your ability to enjoy everyday life.

In addition to general damages, you may also be able to claim special damages. These cover any financial losses or expenses you have incurred, or may incur in the future, as a direct result of your injuries.

The amount of compensation you may receive for special damages for injuries caused by a fall from height may include, but is not limited to:

• Any loss of income or potential future income, including pensions
• Any medical costs associated with your injury, including rehabilitation and ongoing medical treatment
• Any costs related to adaptations you may need to make to your home
• Any costs for the care you may have or will need to receive, even if a family member or friend provides this.
• Any out-of-pocket expenses you or anyone who has cared for you may have incurred.
• Any travel and motor expenses, including the cost of travel to and from appointments and parking costs.

As the circumstances of each claim are unique, we recommend speaking with our specialist accident at work solicitors to find out how much you may be able to claim for your specific circumstances.

How long do I have to start a compensation claim for a fall from height?

In the majority of cases, you will have up to three years from the date of the accident or from the date you became aware of your injuries.

The three-year time limit is established by the Limitation Act 1980. However, there are a small number of exceptions where the three-year time limit is extended.

If the injured person lacks mental capacity, the time limit may be extended until they are able to claim. If this is not possible, a trusted family member may claim on their behalf.

If the injured person was a minor at the time of the accident, the time limit is suspended, and they will have up to 3 years from their 18th birthday to start a claim.

Alternatively, a parent or legal guardian can claim on their behalf within the same period.

In the extremely unfortunate circumstances when a person has died from a fall, the three-year time limit starts from the date of death rather than the date of the accident.

Can I make a no win no fee compensation claim for a fall while working from height?

Yes, you can make a no win no fee claim if you were injured in an accident while working at height if your employer’s negligence caused the accident.

All clients represented by Beacon Law are represented on a no win no fee basis. Often known as a Conditional Fee Agreement (CFA), no win no fee provides reassurance to those who have suffered an injury that they will be at no financial risk when making a claim.

As part of our no win no fee agreements, clients are protected from any upfront legal costs or hidden charges and can focus on recovering from their injuries without the stress of any financial risk.

A fee, sometimes known as a success fee, will only be paid once your claim is successfully settled. The amount is typically 25% of the total compensation amount. We will agree on this before legal proceedings begin. This payment is to compensate your solicitor for their time and work put into assisting with your case.

In all cases, we recommend taking out an After The Event (ATE) insurance policy. This protects you in the rare instance that the claim is unsuccessful. An ATE policy means you have no upfront costs and nothing to pay if you lose the case as long as you haven’t misled us, exaggerated your claim, or been dishonest.

Beacon Law provides complete transparency with how we charge our clients. All fees and costs will be explained at the beginning of the claim process.

What evidence do I need to provide when making a claim for a fall from height at work?

To successfully claim compensation for injuries caused by a fall from height, you must prove that your employer’s negligence caused your injuries.

With the help of our accident at work solicitors, we will need to show that your injuries were caused by your employer’s breach of their duty of care to you and that you have evidence to support your claim.

Our solicitors may ask for the following information when you contact us.

• A copy of the accident report that was filed in your company’s accident report book.
• Witness statements from colleagues or anyone who saw the accident and is happy to provide a statement.
• If available, photographs or video of the accident scene, including CCTV footage.
• Any information, such as workplace safety records or evidence that risk assessments were not conducted or that maintenance of equipment was not carried out to the legal requirements
• Investigate if there have been any similar accidents or complaints that may be relevant to your accident.
• Medical records from your GP or hospital, you may have visited after the accident, including any treatment you may have received or are currently receiving.
• Records of any financial losses incurred because of your accident.

Do not worry if you do not have all of this information. Our solicitors can help compile this information on your behalf, which will help to build the most comprehensive case possible to support your compensation claim.

How long does it take for a fall from height compensation claim to settle?

The legal process for a fall from height compensation claim can vary depending on the complexity of the case.

For straightforward claims with clear liability, the claim may settle within 6–9 months, whereas more complex cases may take longer.

As a general guide, the length of the process depends first on how easily liability can be established, and then on how quickly both parties can agree on a fair and accurate level of compensation.

Will I lose my job if I make a claim?

No, making a fall from height claim should not affect your job. UK employment law protects employees from being treated unfairly for exercising their legal rights.

Your employer cannot lawfully dismiss you or force you out of your role simply because you have made a compensation claim. If an employer were to do this, it may amount to unfair or constructive dismissal under the Employment Rights Act 1996, and you could have the right to bring a separate claim.

Can I claim compensation for a fall from height if I was partly to blame?

Yes, you may still be able to claim compensation even if you were partly responsible for causing the accident. This is known as contributory negligence, or split liability, and it recognises that more than one party can share responsibility for what happened.

In these situations, you can still start a claim if your employer failed to take reasonable steps to keep you safe. Your compensation may be reduced to reflect your share of the responsibility, but it does not automatically prevent you from claiming.

Can I claim on behalf of someone who has died from a fall from height?

In the very unfortunate circumstances when someone’s life has been lost because of a fall, a designated family member can claim on their behalf.

In most fatal accident at work claims, you have three years to start a claim. This time limit begins from the date of the fatal accident, or from the date a coroner’s inquest or post-mortem confirms that the accident was the cause.

At such a difficult time, seeking legal advice may feel daunting. However, our experienced solicitors are here to support you if you require. We can explain what your legal rights are if and when you choose to start a claim.

What are my employer’s legal responsibilities if I work at height?

Employers are legally required to comply with health and safety regulations to provide a safe working environment. As part of this, they owe a duty of care to protect the health and safety of their employees.

Such regulations include the Health and Safety at Work Act 1974 and the Six Pack Regulations 1992.

Specifically in relation to the safety of employees working at height, the Work at Height Regulations 2005 Act is in place to protect workers.

The regulation applies to any task where a fall could cause injury. It requires employers to avoid work at height where possible, or, where this is not possible, to plan the work properly, assess the risks, use suitable equipment, and ensure workers are trained and supervised.

What are the Work at Height Regulations 2005?

The Work at Height Regulations 2005 (WAHR) are UK regulations designed to prevent deaths and serious injuries from falls at work.

They apply to any work where a fall could result in injury, regardless of height. The regulations place clear responsibilities on employers, managers and workers to make sure work at height is properly planned, carried out by competent people, and completed using suitable equipment.

A key principle of the regulation is that employers should prioritise measures that prevent falls from happening in the first place, rather than relying solely on equipment that limits injury after a fall.

The regulations place a duty on employers and those in control of work to prioritise measures to prevent falls, such as guardrails or scaffolding, before relying on personal protective equipment, such as harnesses. They also require risks from fragile surfaces, falling objects, and weather conditions to be managed, helping to ensure work at height is carried out as safely as possible.

What are the key requirements of the Work at Height Regulations?

Under the regulations, employers must ensure that:

• Work at height is properly planned and organised
• Tasks must be thought through in advance and carried out safely, with appropriate supervision.
• Only competent people carry out work at height
• Workers must have the right skills, knowledge and training for the task.
• Risks are properly assessed
• Employers must identify hazards and use suitable equipment, prioritising measures that prevent falls over equipment that only reduces injury after a fall.
• Suitable equipment is provided and maintained
• This includes scaffolding, platforms, and ladders, all of which must be appropriate for the task, regularly inspected, and kept in a safe condition.
• Fragile surfaces are managed safely
• Risks associated with fragile roofs, surfaces, or structures must be identified and controlled.
• Falling objects are controlled
• Steps must be taken to prevent tools, materials or equipment from falling and injuring people below.
• Weather conditions are taken into account
• Outdoor work must be planned with weather risks in mind.

Who has responsibilities under the regulations?

Employers and those in control of work are responsible for planning and organising work at height, carrying out risk assessments, providing suitable equipment, ensuring workers are competent, and managing risks from fragile surfaces and falling objects.

Employees also have responsibilities. They must take reasonable care of their own safety and the safety of others, follow training and instructions, report hazards, and cooperate with their employer.

When do the regulations apply?

The Work at Height Regulations apply anywhere a fall could cause injury. There is no minimum height requirement. While the regulations have helped reduce fatalities since their introduction, falls from height remain one of the leading causes of serious injury at work. This is why strict compliance remains essential.