Falls From Height Accident Claims

How do I make a claim about a fall from height

If you suffer a fall from height at work and the accident was not your fault, you may be able to make a claim against whoever breached their duty to prevent the risk of such accidents.

There are strict time limits in place to make any claim relating to falls from a height, but before you talk to a solicitor you should get checked out by your GP.

Make sure the accident and any injuries are recorded in the accident book at work and get names and addresses of anyone who witnessed your fall from a height. If your fall from height resulted from a major incident, such as the collapse of scaffolding, causing serious injuries that left you unable to work for more than three days, your employer has a duty to report the incident to the Health & Safety Executive (HSE).

As with all personal injury claims, you would need to prove that your injury was caused as a result of the negligence of another party. Although recent changes to law have shifted the burden of proving that it was indeed the employer who was negligent onto the victim themselves, such proof need still only be 'on the balance of probabilities'.

Do not be put off seeking legal advice because of this greater need to prove your case or concerns about your future employment prospects if you do make a claim. The law protects those who take legal action and an employer cannot dismiss or disadvantage you simply for taking justified legal action.

if I have a case about a fall from height

All employers have a duty to protect their employees from workplace accidents and injuries and in particular must do all that is reasonably practical to prevent injuries to any employee (including self-employed sub-contractors) working at height.

Ideally, employers shouldn’t ask anyone to work at heights, but if that is unavoidable it is critical that a risk assessment is carried out before work is started and that the risk assessment process continues and is repeated as needed throughout the job.

Ladders should be secured following HSE guidelines and ideally safer, more stable, equipment like scissor lifts or cherry pickers should be used. If the risk of falling from height cannot be completely eliminated, equipment like safety harnesses should be used to reduce the chance of serious injury.

Employers must also make sure that employees are properly trained for working at height, that all of the equipment they are provided with is inspected regularly and properly maintained and that the working procedures are reviewed according to the weather conditions.

If you can demonstrate that an employer failed in any of these duties, especially if they did not carry out a suitable risk assessment prior to the work, they will be in breach of section 2 of the Health and Safety at Work Act 1974. If that is the case, should you suffer a fall and be injured you will be able to make a successful personal injury claim.

more about falls from height

Falls from height account for 29% of all reported industrial injuries and remain the most common cause of death in the workplace. Agriculture, forestry, arboriculture (tree surgery) and the construction industry are the sectors where falls most frequently occur.

Employers have a duty of care under general health and safety legislation but equally every employee has a duty to look after their own health and safety at work by following all the health and safety policies put in place by their employer and using safety equipment provided.

There are some specific requirements contained in the Work at Height Regulations 2005. More general health and safety law such as the Workplace (Health, Safety and Welfare) Regulations 1992 also include the requirement that all areas where people could fall from a height are properly guarded or covered.

Staff should only work on a ladder for a short time (preferably under 30 minutes) and wear a tool belt or holster to carry any tools leaving both hands free for climbing up and down safely. Extra precautions should be taken on or near any fragile surfaces.

Employers and those in control of any work at height must make sure that work is properly planned, supervised and carried out by competent people and that any risk is assessed. The Health & Safety Executive (HSE) gives guidance in the form of a leaflet called Working at height: a brief guide to help companies comply with the law.