Work at Height Regulations 2005
The Work at Height Regulations set out new standards and demand that every employer shall ensure work at height:
- Is properly planned
- is appropriately supervised, and
- carried out in a manner which is so far as is reasonably practicable safe, and that the planning includes the appropriate selection of work equipment.
Although seemingly obvious, the regulations require that every employer should ensure work at height is carried out only when the weather conditions do not jeopardise the health or safety of persons involved in the work.
As is common practice in all work situation an employer is required to take account of the risk assessment prepared in connection with the work.
Importantly, there is also a duty to you, by an employer, to ensure that work is not carried out at height, where it is reasonably practicable to carry out that work safely otherwise. In those circumstances where work is to be carried out at a height, the employer must take suitable and sufficient measures to prevent any person falling distance likely to cause personal injury.
If there is a risk of a fall occurring, then the employer shall provide sufficient work equipment to minimise the distance and consequences should the fall occur. When it comes to selecting equipment for such work the employer must take account of the working conditions and the risks to safety of those working, the means of access and egress, the distance and consequence of a potential fall, the need for easy and timely evacuation in an emergency, and any additional risks posed by the use, installation or removal of that work equipment
Making a Claim
Where negligence on the part of an employer caused or contributed to such a serious accident, you may be entitled to claim a very substantial amount of compensation. This can often be essential to help you and your family cope with the impact of the fall, including paying for treatment and rehabilitation care, as well as replacing lost income.
Due to the seriousness and high value of claims for falls from height, securing a fair outcome is often complicated, with a high standard of proof being required. It is therefore critical to have the support of experienced personal injury lawyers with a track record of successfully handling these types of claims.
IBB Claims personal injury lawyers have represented many clients in relation to high value workplace accident claims over the years. We have been able to secure very significant damages under even the most difficult circumstances, giving our clients the help and support they need to start rebuilding their lives.
We take a pragmatic approach to workplace injury claims, aiming to secure the best available settlement quickly and at the lowest possible cost to you. Our team recognise how difficult these situations are, so will offer the sensitive, empathetic support you need to make the entire claims process as painless as possible.
We are accredited by the Law Society for Personal Injury Law in recognition of our expertise in this area. Our lawyers have also been recognised by Chambers & Partners and the Legal 500, the two leading client guides to the legal profession, for our expert handling of personal injury claims.
We offer a free initial consultation for all serious injury claims so we can get a clear understanding of your situation and give an honest assessment of whether we think your fall from height claim is worth pursuing.
Where we believe your claim justifies further investigation, we are usually able to offer a no-win no-fee agreement. This means there is normally no upfront cost to start a fall from height at work compensation claim with IBB.
To start a compensation claim for a fall at work from height, call us today on 0333 323 1640, email firstname.lastname@example.org or use the contact form on the right to request a call back.
Our expertise in workplace fall from height claims
Our personal injury lawyers support people in claiming compensation for injuries sustained falling from height in the workplace.
We are able to secure substantial compensation for our clients in relation to issues such as:
- Falls from scaffolding
- Falls from ladders
- Falls from raised platforms
- Falls from cranes & cherry pickers
To find out more about our specific expertise relevant to your situation, please get in touch.
How we handle compensation claims for falls from height at work
When dealing with the aftermath of a serious fall, it is understandable that you may not want to deal with the stress and uncertainty of going to court to claim compensation.
Fortunately, this is rarely necessary as we are able to resolve the vast majority of claims out-of-court through negotiation and alternative dispute resolution. As a result, you not only avoid the need for a court hearing in most cases, but also usually get compensation faster and at lower cost. This is because you do not have to wait for a hearing date or pay the higher legal fees associated with court proceedings.
However, if court action is needed, we have the experience and expertise necessary to effectively represent you every step of the way. Having supported our clients through many high-value and contentious workplace fall claims in court, we know exactly what is needed to get you the best available outcome.
Alongside our own team, we can also call on specialist barristers and various other professionals that we have built up successful relationship with over the years. That way we can ensure you have the right skills and knowledge in your corner, no matter what is needed for your claim.
Our no win no fee workplace fall from height claims service
We believe everyone has the right to fair compensation when injured through no fault of their own. For this reason, we offer no win, no fee deals for serious workplace falls, so anyone can pursue a valid claim, no matter their circumstances.
This type of arrangement is more formally called a ‘conditional fee agreement’ and means you will only need to contribute to your legal costs if your claim succeeds. So, if we don’t win compensation for you, you won’t need to pay us anything.
Where we do secure compensation for you, our fees will be based on a percentage of part of the compensation secured. As a result, you will always get to keep the majority of any settlement and always have complete transparency over our costs.
Workplace accident claims can also sometimes be funded by trade unions or legal expenses insurance, so these options may be worth considering where available.
Our workplace accidents lawyers will provide a clear explanation of the likely costs involved in making a claim at the outset, so you can have complete confidence when deciding how to move forward with your claim.
To find out more about starting a no win, no fee workplace falling accident claim, please speak to a member of our team now.
How much can you claim for a fall from height at work?
The potential damages available for a serious workplace fall will depend on factors such as:
- The severity of the injuries you suffered
- The impact of those injuries on your life
- Any specific financial costs you have incurred due to your injuries
- What level of liability your employer admits or is found to have in court
There are two types of damages you can usually claim for a fall from height at work:
Financial Losses and Expenses – For specific financial losses. This includes things such as paying for private treatment and care, as well as lost income due to having to take time off work and not able to return to work, or not able to command the same level of income enjoyed before the accident.
General Compensation – For non-financial losses, such as pain, suffering and lifestyle changes.
We can provide a very reliable estimate of your claim’s potential value at the earliest opportunity, giving you a clear idea of what level of settlement you may be able to achieve.
What is the time limit for a workplace fall from height claim?
If you were injured by falling from height at work, you will normally have 3 years from the time the accident happened to make a compensation claim. However, if you only later discover that negligence on the part of your employer or a co-worker was to blame, the 3-year time limit may be counted from this point instead.
If a loved one has died as a result of a serious fall at work, you will usually have 3 years from the date of death to bring a claim.
If a loved one has been left without the mental capacity to make a compensation claim, e.g. due to severe brain damage, there is normally no time limit for you to make a claim for them.
If the injured party was under 18 at the time the fall happened, their parents or guardians will need to bring a claim for them. They will have until the claimant turns 18 to do so. If this is not done, the claimant can then bring their own claim once they turn 18, with a final deadline of their 21st birthday.
Can self-employed people claim compensation for a fall from height at work?
Your ability to claim compensation for a fall from height at work will generally depend on whether the person employing you owed you a duty of care and whether that duty of care was breached.
If, for example, the fall happened while you were working as a self-employed subcontractor on a building site, the person who hired you to work on the site likely had a legal responsibility to ensure the site was safe and that any potential risks were identified and mitigated.
In such circumstances you may have grounds for a claim, although determining this will involve a close examination of the facts. We therefore recommend getting in touch with our experienced workplace accident lawyers as soon as possible to find out if you may be able to claim compensation. If you are self employed different rules of law apply.
Can I claim compensation for a loved one who died in a workplace fall?
If a loved one has died as the result of falling from height at work, the representative of their estate can usually bring a compensation claim within the first 3 years after the date of death.
The representative of the estate will usually be the deceased’s next of kin, so may be a spouse, child, parent or other relative, depending on the circumstances.
Get in touch with our expert workplace falls from height claims solicitors today
To arrange your free consultation on starting a fall from height at work claim, please call us on 0333 323 1640, email us at email@example.com or use the contact form on the right to request a call back.