I’ve slipped, tripped or fallen at work, can I claim compensation?

Can I claim compensation for slips and trips and falls at work?

Generally, you can claim compensation for slips and trips, or if you fell at work. The Health and Safety Executive defines ‘falls from height’ as anything that could cause personal injury if precautions were not taken.

Wet floors are one of the biggest risk factors for slips in the workplace, though inappropriate footwear may also be to blame – particularly if you’re working outside. Employers should provide anti-slip flooring in potentially slippery environments.

If you trip in the workplace, this could be due to untidy work environments, for example if boxes are not tidied away. You may also trip over potholes or uneven footpaths – even claims in workplace car parks can still result in compensation.

Claiming compensation for a fall from a height

If you fell at work you could be eligible to claim compensation.

Falls from a height need to be from one level to a lower level. They could be classed as:

• Anything from above ground or above floor level
• A fall through an opening, fragile surface or over an edge
• At ground level through an opening in the floor or the ground.

These do not apply to falls on staircases, but rather, where accidents could have been prevented – for example, if your employer did not train you, or failed to provide the correct length ladder.

You may also fall from a height if you’re using equipment such as a crane or cherry picker.

In these cases, working from a height cannot be avoided – but accidents can.

How to make a claim for a slip, trip or fall at work

If you’ve suffered injuries as a result of a slip, trip or fall, you could qualify for compensation. You should call us, and have evidence to prove that your employer was at fault.

Generally, you’ll have three years to make a claim from the date of the accident or the date you were diagnosed – but there are some extra factors to consider here (see ‘back injuries’ below).

We’ll gather all the evidence we need to secure you the maximum possible compensation.  This might include; photographs, CCTV footage, proof of faulty equipment, training records, logs in accident books, and even witness statements. You may also have to attend a medical to get a full report from your doctor – don’t worry, we’ll arrange all this for you.

You need to be able to prove three things to help your claim:

1. That your employer was to blame, or partially to blame for your accident or injury.
2. That you suffered a measurable level of physical or psychological harm.
3. That your injuries were caused by workplace negligence, rather than an existing injury.

We can help you to gather evidence to support all three of these, and get the compensation you deserve.

What are my legal rights if I’ve slipped and been injured at work?

Under the Health and Safety at Work Act, your employer must do everything in their power to prevent slips, trips and falls. This could include:

• Keeping the workplace clean and tidy (free from wet floors and obstructions)
• Providing appropriate training, particularly if you’re working at height
• Using hazard warning signs for slip risks such as wet floors
• Regularly inspecting and maintaining equipment
• Providing satisfactory personal protective equipment such as anti-slip footwear
• Installing handrails, anti-slip flooring and guardrails where needed
• Securing ladders, tools, equipment and scaffolding
• Making sure other employees follow safety practices (you can still claim if another employee caused your fall – this is known as ‘vicarious liability’).

The Working at Heights Regulations 2005

On top of these basic responsibilities, employers who work at heights must also stick to the Working at Heights Regulations 2005. This applies to anybody working from standing on a chair to high above the ground, such as on scaffolding.

Further rules that your employer must follow are:

• Making sure the employee knows how to work at height, such as climbing scaffolding correctly
• Maintaining safety items such as ladders, scaffolding, tools and any other equipment.

Faulty equipment

In some cases, defective machinery or faulty equipment, such as cherry pickers or cranes, may be to blame for a fall. According to the Health and Safety Executive, around 50 people die every year due to falls from a height. I these cases, we may be able to claim against those who supplied the equipment, or your employer for failing to carry out checks.

The law states that any items above arms height must be maintained and repaired, or removed if they are not safe to use. If your employer fails to meet any of these standards and you suffer an injury, you could claim compensation from their Employer’s Liability Insurance.

How long after I slipped at work can I claim for an injury?

Whether it was a slip, trip or fall, you can still claim if you were injured at work and it wasn’t your fault. Generally, you’ll have three years from the date of the incident to make a claim. However, we recommend you get in touch with us as soon as you feel well enough to do so. We use evidence such as witness statements to support your claim, so the sooner you get in touch, the better the evidence will be.

There are some exceptions to the three-year limit:

• You were “mentally incapacitated” – for example, you suffered a brain injury and could not claim
• You were under 18 when the accident happened. You’ll have up until your 21^st birthday to claim
• You were working overseas
• You were using faulty equipment, but it was found to be faulty after your incident. You’ll have three years from the date that this was discovered, for example, through a product recall.

How much compensation can I claim for a slip, trip or fall at work?

Your total compensation will depend on how serious your injury is, as well as any loss of earnings, and the general impact it’s had on your life.

What is my claim worth?

While there’s no specific amount for any one injury, you can use the Judicial Board Guidelines for a rough indication of compensation amounts based on bodily injury:

• Shoulder injuries can range from £6,000 to £38,000
• Arm and wrist injuries can range from £2,000 to £100,000
• Neck and back injuries can range from £6,000 to £120,000
• Head injuries can range from £5,000 to £300,000.

The large spectrum of compensation amounts relates to the level of damage. Injuries are classed as ‘general damages’ whereas loss of earnings are called ‘special damages’. Your compensation will be much higher if your injury is extreme, for example, a spinal injury.

How is compensation calculated?

Your circumstances are completely unique to you, so we’ll use a variety of factors to assess your claim. We pride ourselves on taking everything into consideration, including psychological effects and changes to your lifestyle. We’ll consider:

• Your physical and psychological damage
• Loss of earnings from time off work
• Money paid for treatment such as through travel or physiotherapy
• Changes to your lifestyle, for example, no longer being able to take part in hobbies
• Adjustments to your home
• Having to change jobs or give up work.

You may also qualify for early compensation (interim) payments. These come out of your final compensation amount, and will help to tide you over while you’re waiting for your final settlement.

Average compensation amounts for trips, slips and falls at work

Compensation amounts for back, neck, shoulders and upper body injuries

Compensation amounts for arm, hand, and finger injuries

Compensation amounts for leg and foot injuries

Choosing the right solicitor for falls at work claims

At Express Solicitors, we have more than 20 years’ experience settling accident claims in the workplace. Whether you’ve slipped over, tripped on a piece of equipment, or fallen from a height, we are here to listen to your story sensitively.

Our experience has led to tens of millions in compensation claims, and we can work with you on a no win, no fee basis. We specialise in taking on the claims that nobody else will, so whether you’ve been let down or are just starting out, contact our lawyers today.

How to make a claim for a fall at work

Whatever your personal circumstances, we’re here to help you. To get the best compensation, it’s useful to get in touch with us as soon as you feel well enough to do so. Your claim can be settled in as little as three simple steps.

1. Start with a consultation – just call us or fill out a contact form to request a call back. This will involve a chat to go over what happened, and any evidence you may have to support your claim. You should gather this in advance.
2. With your evidence in hand, our solicitors can start to make your claim. The compensation will usually come from your Employer’s Liability Insurance.
3. After the claim is settled successfully, you’ll receive your compensation. We may also be able to offer you early compensation payments.

What information do I need to make a claim?

To make a successful claim for a slip, trip or fall at work, we need to be able to prove that you were injured, and that your employer was to blame. This will involve evidence, which you should start to gather from the moment of the accident.

I slipped and fell at work – what should I do?

Firstly, you should seek medical attention, even if you don’t feel unwell. Any medical reports you have may be used as evidence. If you have noticeable injuries, as well as visible proof of a hazard, you should try to take photographs of the scene.

Next, you should log your incident in your employer’s accident book. If there isn’t an accident book at your place of work, you can send an email outlining what happened, and the injury you suffered.

Evidence of injury – general damages

To make claims for personal injury, you will need to produce as much evidence as possible. Ask for copies of all medical records, as well as the accident book, and any training records if they’re relevant to your claim. Your employer may also suggest you go for a medical, or we may ask you to do so. In both cases, you should keep any additional notes.

If there were witnesses, ask them to produce a statement to send to us over email.

Evidence of injury – special damages

Special damages refer to any money you lost as a result of your injury. Keep all receipts related to your treatment – for example, physical therapy or travel receipts to your appointments. You should also log any loss of earnings, or missed outings to the job centre. You may even have receipts for adjustments to your home, such as handrails.

Statistics on slips and falls in the workplace

If you want to make a claim for a slip, trip or fall in the workplace, you are not alone. According to the Healthy and Safety Executive:

• 29% of all workplace accidents in 2019 were caused by slips, trips and falls
• 8% of workplace accidents in 2019 were caused by falls from a height

The commonest cases of slips, trips and falls in the workplace are:

• Spillages without warning signs or wet surfaces
• Icy surfaces in car parks and access points
• Damaged or uneven flooring
• Poor lighting leading to reduced visibility
• Obstacles caused by untidy work areas.