While we’ve all seen tv shows and films where falling off a ladder is made to look comical, the truth is that ladder falls can lead to serious and life-threatening injuries. If you or a loved one has fallen from a ladder at work because your employer was negligent in some way, you could be entitled to compensation for your suffering. This guide to claiming compensation if you fell off a ladder, will explain some of the reasons you might able to claim and look at what any compensation award could cover.
To learn more about claiming after falling off a ladder at work, please read on. If you’d like free advice about your claim right away, please call us on 0800 652 1345 today.
Ladder fall statistics
Each year, the Health and Safety Executive (HSE) publishes data about the most common types of workplace accidents. According to its 2022 report, falls from height made up 8% of the most common types of accidents.
However, other HSE data shows that in 2021/22 29% of fatal workplace accidents were caused by falling from height. This percentage is higher than any other type of fatal accident in the reporting period.
Neither of the two reports explicitly states that those falls were from ladders so we need to look elsewhere for more targeted data. In a separate report about falls from height in the food industry, falls from ladders were cited as the most common reason at 40%.
While you might think of ladder falls as a risk associated with construction workers alone, other roles and industries face many of the same risks. For example, you could be entitled to compensation after falling from a ladder in a warehouse, library, office, supermarket or a factory accident.
Can I claim compensation for a fall off a ladder at work?
The Health and Safety at Work Act 1974 is an overarching piece of legislation that gives employers a duty of care to try and keep staff safe while at work. Additionally, the Work at Height Regulations 2005 provides more explicit rules about how employers should protect staff when using ladders, scaffolds and platforms.
You could be entitled to compensation for a ladder fall injury if:
- Your employer failed in their duty of care i.e. they were negligent; and
- You fell from a ladder due to their negligence; and
- You suffered injuries from your fall.
Proving that your employer did something (or failed to do something) that caused you to fall from a ladder can be a complex process. We believe you stand a better chance of doing so if you have a personal injury solicitor on your side. If your claim is taken on by one of ours, they’ll gather as much proof as possible to try and show exactly what caused your fall from a ladder and how you’ve suffered as a result.
Types of negligence that could result in a ladder fall injury claim
As explained above, your employer (or a colleague at work) must’ve been responsible for the accident in some way if you’re to claim compensation against them. Some examples of when ladder fall injury claims might be possible include where the accident was caused by:
- A lack of proper risk assessments.
- Being given the wrong type of ladder for the job.
- Inadequate training on how to use the ladder to perform your role safely.
- A ladder that was faulty, damaged or poorly maintained.
- A lack of Personal Protective Equipment (PPE) such as safety harnesses or hard hats.
- Being forced to work up a ladder in adverse weather conditions.
- Being forced to work up a ladder in a constricted space or surrounded by other tradespeople.
These are just some examples of when your employer’s negligence could allow you to claim if you fell from a ladder at work. If you were injured in a different scenario, please let us know and we’ll review your options for free.
It’s also important to say that we could help you to claim if you were partly to blame for your fall off a ladder. For example, if you used a ladder for a job that you’d not been trained on, your employer might be partially to blame for not training you and you’d be partially to blame for using the ladder. In these split-liability claims, your solicitor and your employer’s insurers would agree on a liability percentage and then adjust any compensation accordingly.
Common ladder fall injuries
Essentially, you could claim compensation for any type of injury linked to a fall from a ladder at work if the accident was your employer’s fault in some way. Some common injuries claimed for include:
If you would like to check if you could be entitled to claim compensation because you fell off a ladder at work, please speak to one of our specialist advisors.
Will I face disciplinary action for suing my employer?
You needn’t worry about any negative consequences for making an accident at work claim. That’s because there are laws in place to prevent you from suffering from making an honest claim against your employer.
That means that you cannot be fired, demoted, disciplined, picked on, blocked from promotion or denied training opportunities because of your claim. If that were to happen, you may be entitled to claim for unfair or constructive dismissal.
As some people worry about the impact their ladder fall injury claim might have on the company’s profits, it’s important to point out that any compensation would be paid by their insurance provider so won’t have any immediate detrimental effect on the company.
How much compensation for ladder fall injuries can I claim?
After falling from a ladder at work, you should assess exactly how you’ve been affected before you submit a personal injury claim. That’s because compensation should cover any suffering you’ve already endured and any future suffering as well because you can only claim once if the claim’s settled.
As such, if you do proceed with a claim, you’ll want to claim compensation for any or all of the following if they’re associated to your ladder fall injuries:
- Physical pain, discomfort and suffering.
- Psychological pain linked to your fall (anxiety, depression, distress etc).
- Any negative impact on hobbies and other usual activities (loss of amenity).
- The cost of replacing personal property damaged from the fall (clothes, phone, jewellery etc).
- Loss of earnings.
- Medical expenses including prescription fees or physiotherapy costs.
- Travel expenses.
- The cost of a carer if needed while recovering.
- Future loss of earnings.
- The cost of modifying your home to help you deal with any permanent disability.
As you can see, ladder fall injury claims can be quite complex. If you let one of our personal injury solicitors handle your claim, they’ll try to make sure everything is reviewed in detail before your claim is submitted.
How will my solicitor know how serious my ladder fall injuries are?
To help prove how serious your ladder fall injuries are, you’ll need to have an independent medical assessment if you decide to claim following a fall off a ladder at work. Usually, your solicitor will book an appointment with a local medical specialist. During the appointment, the specialist will talk to you about how you’ve been affected before examining the current state of your injuries.
Their report will detail a list of injuries and your future prognosis. This report can help when calculating how much compensation you’ll claim.
Fatal fall from a ladder
Losing a loved one following a fall at work can be hard enough. The situation can be made worse if you were financially dependent on their income.
While no amount of compensation will help you to get over your loss, it could allow you to grieve without worrying about the financial implications of your loss. In addition to any compensation to cover their income, you could also try to recoup any other expenses such as funeral costs.
If you would like to know more, please get in touch. We won’t pressurise you into starting a fatal accident claim but we will give you free legal advice about your options.
Providing proof for a ladder fall compensation claim
If you’ve fallen from a ladder at work, you probably won’t think too much about preserving proof in case you make a compensation claim. However, the steps listed below could help you if you do decide to claim compensation later on. They include:
- Immediately seek medical assistance. Unfortunately, as many ladder-related falls can result in head injuries, such as concussion, the symptoms may not immediately be obvious to non-medical personnel. If you go on to claim, your hospital or GP records could be requested to prove your diagnosis.
- Report the accident. You should always tell your employer if you’ve fallen from a ladder in a workplace accident. They should record the details in an accident report book and may have to inform the HSE about the incident.
- Take photographs. If you’re able to do so, it’s a good idea to take pictures of the accident scene, the ladder you fell off and any other equipment used. This and video recordings also can help to prove what caused you to fall from the ladder.
- Secure CCTV footage. Similarly, if your ladder accident was recorded by security cameras, ask for a copy as soon as possible. Data is usually kept for between 14 and 28 days so you should act quickly.
- Speak to witnesses. If anybody else saw you fall from the ladder, ask them for their contact details. In some cases, your solicitor might contact them for a witness statement to help confirm what happened.
Before seeking legal advice about your chances of being compensated, it’s a good idea to collate any proof you have and write down as much as possible about the events leading up to your fall. Also, try to keep a record of any expenses you’ve incurred because of your injuries.
Ladder fall injury claim time limits
As with any type of workplace accident claim, there is a 3-year time limit for claiming after falling off a ladder at work. Usually, this limitation period would start from the date of the accident. Please contact our team to check this for you if you wish.
To make it easier for proof and medical records to be secured to support your claim, we’d suggest beginning the claims process as soon as possible.
In some cases, if your employer has accepted liability for your injuries, an interim payment could be secured before the claim is settled to help you deal with lost earnings or any immediate medical expenses such as private physiotherapy costs.
No Win, No Fee claims
As our solicitors know that legal fees can often be a reason to delay using a personal injury solicitor, they offer a No Win, No Fee service to reduce your financial risks. As such, if your ladder fall injury claim is taken on, you won’t have to pay for your solicitor’s work unless compensation is awarded.
When that happens, your solicitor will deduct a success fee (of up to 25%) from your settlement to cover the cost of their work. This fee is listed in your contract and is capped by law.
Start a ladder fall injury claim today
Please call our helpline on 0800 652 1345 if you’d like to claim after falling off a ladder at work. As well as a free review of your claim, we’ll supply legal advice about what to do next and could partner you with a personal injury solicitor from our team.
If your claim is accepted, your solicitor will do everything for you and try their best to maximise the amount of compensation you’ll receive if the claim is successful.
For more immediate advice on a ladder fall injury claim, please do use our live chat service to get in touch.