I Fell At Work – What Are My Rights?

If you’ve fallen at work, our solicitors could help you to claim compensation if you’ve suffered injuries. In this guide, we’ll answer the question, “I fell at work, what are my rights?”. We’ll also look at the types of accidents and injuries that could allow you to claim. If you or a loved one have been injured in a fall at work, please read on to find out your rights.

To help you understand your rights and legal options following a workplace accident, we offer a free initial consultation. If you speak to one of our specialists, they’ll assess your case with you and work out your chances of being compensated. If one of our personal injury lawyers offers to work for you,  they’ll represent you on a No Win, No Fee basis.

Please feel free to call us on 0800 652 1345 if you’ve any questions about your claim.

Is my employer responsible if I fell at work?

Several pieces of legislation give you a number of rights when it comes to workplace safety. Essentially, these laws mean your employer must take reasonable steps to prevent you from falling (or having other types of accidents) at work.

Some of the relevant laws that establish a legal duty of care include:

• The Health and Safety at Work Act 1974
• The Work at Height Regulations 2005
• The Personal Protective Equipment at Work Regulations 1992

Each law places different duties on employers but, generally, they mean staff have the right to expect a safe working environment. As such, if you fell at work and your employer was negligent then they may be held responsible. You needn’t be too concerned about which law is relevant to your claim if you work with one of our solicitors as they’ll verify this for you.

What are my rights if I fell in an accident at work?

If you had a workplace accident and fell as a result, you have several rights and options available to you. Here are some key points to consider:

• Reporting the accident – You have the right to report the accident to your employer, regardless of how minor it may seem. Make sure you inform your employer or supervisor about the incident as soon as possible.
• Medical treatment – Your employer should provide any necessary first aid and medical assistance following the accident. If your injuries require further medical attention, you have the right to seek medical treatment from a qualified professional.
• Time off and sick pay – If your injuries leave you needing time off work to recover, you may be entitled to Statutory Sick Pay (SSP) or other forms of sick leave as per your employment contract and statutory rights.
• Financial compensation – If the accident occurred due to your employer’s negligence or breach of duty, you may be entitled to claim compensation for your injuries, pain and suffering, loss of earnings, and any other related expenses. It is advisable to consult with a personal injury solicitor from our panel to assess a work accident claim and explore your options.
• Investigation and prevention – Your employer has a legal obligation to investigate the accident, identify the causes, and take appropriate steps to prevent similar incidents in the future. This may involve improving safety measures, providing additional training, or implementing changes to work processes.
• Protection against retaliation – UK law protects employees from unfair treatment or dismissal as a result of exercising their rights following a workplace accident. If you face any adverse actions from your employer due to reporting your fall or seeking compensation, you may have grounds for a separate legal claim.

Can I claim compensation if I fell at work?

If you’ve had a fall at work and want to claim compensation for your personal injuries you’ll generally need to show that:

• Your employer breached their duty of care through an act of negligence; and
• You were involved in a fall at work as a result; and
• Because of the fall, you were left with injuries.

As you might expect, employers don’t generally deal with compensation claims themselves. In most cases, they’ll refer your solicitor to their liability insurance provider.

Even if your employer admits liability for the accident, their insurer is likely to try and pay as little compensation as possible. That’s why your solicitor will try to prove exactly how you’ve suffered and why you should receive the maximum compensation possible. Later on, we’ll look at what evidence they might use to support your claim.

What negligence causing a fall at work could compensation be claimed for?

It might not always be clear whether you’ve got the grounds to lodge a claim for a fall at work. That’s why we believe it’s a good idea to have a solicitor review your claim for free. However, to give you some idea of what types of employer negligence could lead to a claim, here are some examples:

• You fell after slipping on an oil leak from a faulty piece of machinery that should have been repaired.
• You fell from a ladder that was poorly maintained or damaged.
• Your accident occurred because you’d not been trained on working at height properly.
• You fell down a flight of stairs because of a broken handrail or after tripping on damaged flooring.
• You fell from scaffolding that had been poorly designed or constructed.
• You fell when working in a wet area because you were not given anti-slip footwear by your employer.
• You fell from a cherry picker or platform because your employer failed to provide PPE such as a safety harness.
• If you slipped and fell in the company’s car park because it had not been gritted when it was icy.
• Where you fell after slipping on a floor that was wet from being cleaned recently but no warning signs were in place.

Even if we haven’t listed the reason you fell at work, please feel free to call so we can review your chances of being compensated.

How much compensation for a fall at work can I claim?

Your solicitor will spend some time getting an understanding of how your injuries have affected you. They’ll do so to try and make sure they claim every penny of compensation you might be entitled to.

If you fell at work and successfully claim compensation, the payment could cover:

• Emotional distress – anxiety, distress, depression etc.
• Medical expenses including physiotherapy or private surgery.
• Physical pain, suffering and discomfort.
• Loss of earnings while injured.
• Care costs (a friend, family member or a professional carer).
• Travel costs linked to your injuries.
• Mobility aids.
• Loss of enjoyment of any normal activities affected by your injuries.
• Any future reduction in earnings.
• The cost of adapting your home to improve accessibility if you’ve been left disabled after falling at work.

If you’d like to talk through how much compensation you may be entitled to for your fall at work, please call us on 0800 652 1345 for a free consultation.

What proof can I use for a fall at work claim?

When you claim for injuries sustained in a fall at work, your employer will usually refer your solicitor to their insurance provider. Generally, insurance firms don’t like to pay compensation unless they really have to. For this reason, your solicitor must try to present as clear a case as possible and have the proof ready to support your case. This may include:

• Accident reports. Some workplace falls will have to be reported to the Health and Safety Executive. If they investigated your fall at work, their report should make it clear why you were injured. You can also request a copy of the accident report book entry relating to your fall to help confirm where and when the incident occurred.
• Medical proof. Proving the extent of your injuries is important if you’re to be properly compensated. So, your solicitor will ask for copies of X-rays, medical notes and scans from the hospital where your injuries were diagnosed.
• Witness statements. Colleagues, customers or anyone else who saw you fall while working could provide statements to explain what they saw. These could be helpful if there is any argument regarding liability for the accident or your injuries.
• Video recordings. Many workplaces are covered by security cameras. As such, if your fall was recorded on a CCTV system, you could ask for the footage to be forwarded to you.
• Photographic proof. Taking pictures of your visible injuries over a period of time can help to prove how long you suffered. Also, accident scene photographs could allow your solicitor to demonstrate how the accident happened and what caused it.

On top of everything listed here, you may want to hold on to any receipts or financial records that prove any financial losses linked to your fall at work.

Fall at work claim time limits

In the UK work-related personal injury claims have a 3-year time limit. Usually, if you’ve fallen at work, the limitation period for claiming will begin on the date of your accident. To make it easier to find supporting proof and medical information, it’s quite a good idea to seek legal advice as soon as possible.

An early start to the claims process could also help if you’re struggling because of your injuries. For example, if your employer accepts liability for your fall, they might pay interim payments to cover the cost of private medical treatment to aid your recovery. They could also cover any care costs or make payments to cover your loss of income.

If a loved one has died because they fell at work, you’ll have 3 years from the date of their death to start your claim (so long as they hadn’t made their own claim and it’s less than 3 years since their accident happened).

No Win, No Fee claims

We realise that, for many people, the cost of hiring a personal injury solicitor to lodge an accident at work claim can be prohibitive. However, so that they can help as many people as possible, our panel of solicitors can offer a No Win, No Fee service for every fall at work claim they work on.

If you have suffered a fall at work and decide to claim compensation, you’ll be sent a Conditional Fee Agreement (CFA) if a solicitor from our panel agrees to represent you. The CFA will explain that while legal fees don’t need to be paid if the claim fails, you’ll have a percentage of your compensation deducted if the claim is won. This is called a solicitor’s success fee as it pays for their work and expenses. Legally, if a CFA is used to fund your case, the maximum success fee you’ll pay is 25 per cent of any damages.

Your solicitor will begin work on your case as soon as you’ve signed and returned the paperwork. Their main goals are to:

• Collect proof.
• Contact your employer about the fall at work claim.
• Handle all aspects of the case so you won’t need to discuss it with your employer.
• Send you information about how the claim is progressing regularly.
• Fight your corner to try and secure a fair amount of compensation.

You don’t need to pay for any of this work upfront.

To see if your claim could be handled by one of our No Win, No Fee solicitors, please call our team today.

Start a compensation claim for a fall at work today

To find out if you’re entitled to compensation after a fall at work left you injured, you can call us on 0800 652 1345. If you do, your call will be assessed by a specialist and they’ll explain your legal options.

You aren’t obliged to pursue a claim with a solicitor from our panel but if they offer to represent you, they’ll handle everything on a No Win, No Fee basis. Knowing that you won’t pay legal fees if the claim is lost should make the whole process much less stressful.

We hope this guide has answered the question, “I fell at work, what are my rights?”, but if you do need any further information, please use our live chat service or claim your free consultation here.