Have you recently experienced a trip and fall at work? Did this accident leave you injured? If the harm you sustained resulted from your employer breaching the duty of care they owe you, you might be eligible to make an accident at work claim.
Within this guide, we will explain how to make a valid work injury claim and provide examples of the evidence you can gather to support your case.
Additionally, we will discuss the different factors considered when valuing the compensation you could receive for your physical and emotional pain and suffering.
However, we understand that you may want to speak to someone regarding your specific case. If so, you can contact one of our friendly advisors. Our team is here to offer you free legal advice about your claim 24/7.
To speak with an advisor now, you can:
- Call us on 0800 073 8805
- Use the live chat function below.
- Start your claim online by filling out our form.
Choose A Section
- Trip and Fall at Work – Can I Claim?
- Why is Duty of Care Important When Claiming for Negligence at Work?
- Work Injury Claim Calculator – Potential Compensation Amounts
- Trip and Fall at Work – What Evidence Could You Use?
- No Win No Fee Solicitors – Why Use Them?
- Learn More About Claiming for a Trip and Fall at Work
Trip and Fall at Work – Can I Claim?
An accident at work can involve you sustaining harm while performing work-related duties. For example:
- There is a faulty ladder at your warehouse job that your employer failed to fix or replace after being made aware. As a result, when you use the ladder to grab stock from an upper shelf, you fall and suffer a shoulder injury.
- Your employer has not ensured that the stockroom in your supermarket job is free of clutter and hazards. As you are collecting stock, you trip on some discarded packaging, causing you to suffer a foot injury.
Trips and falls could lead to various types of injuries varying in severity, such as a minor dislocated shoulder or severe back injury. These injuries could impact your quality of life, affect your mental health and cause you financial losses.
To make a legitimate injury at work claim, you must prove that you suffered an injury in an accident caused by your employer’s negligence. This involves them breaching the duty of care they owed you. We have explored the duty of care they owe in more detail in the following section.
If you would like more information on accident at work claims, call us on the number provided at the top of this page.
Why is Duty of Care Important When Claiming for Negligence at Work?
Your employer owes you a duty of care, as stated in the Health and Safety at Work etc. Act 1974. It is their responsibility to ensure that they are doing everything they reasonably can to prevent accidents from happening in the workplace.
The responsibilities your employer has will vary depending on the specific type of workplace. However, they could include:
- Eliminating any risks and hazards
- Reducing the risk of known hazards
- Performing regular maintenance checks on equipment
- Carrying out risk assessments when necessary.
If they fail to uphold their responsibilities, it could result in an accident occurring, causing you harm. However, not all accidents at work will form the basis of a valid claim. To make a successful work injury claim, you must prove that your employer’s negligence caused you harm.
If you are still unsure whether you can make a claim, speak with a team member today.
Accident at Work Statistics
Employees can make self-reports on workplace injuries to the Labour Force Survey (LFS). Additionally, employers must report certain incidents and injuries in accordance with the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations (RIDDOR).
The Health and Safety Executive collates these reports to provide workplace injury statistics. They found that 441,000 non-fatal injuries were reported by employees to the LFS in 2020/21.
In addition, they found that employers reported 51,211 non-fatal injuries under RIDDOR in the same year. Of these, it was found that slips, trips and falls on the same level were one of the most common accident kinds, accounting for 33%.
Work Injury Claim Calculator – Potential Compensation Amounts
You may wish to use an injury at work claim calculator to help get an estimate of how much you could receive in compensation. However, we have provided the table below as an alternative. It contains figures from the Judicial College Guidelines (JCG) which provides a list of injuries and corresponding compensation brackets.
This is a document solicitors and other legal professionals can use to help them calculate the general damages portion of your settlement. General damages seek to compensate for the pain and suffering caused by your injuries, both physical and psychological.
You should only use the figures in the table as a guide though because other factors are considered when assessing the value of general damages. For example, solicitors may also use medical reports to determine the extent of the harm you sustained and the impact it’s had on your quality of life.
Injury | Notes | Amount |
---|---|---|
Injuries Involving Paralysis | (b) Paraplegia - How much is awarded will be affected by several factors, including the extent of pain experienced and the impact on independence. | £219,070 - £284,260 |
Leg Injuries | (a) Amputations (iii) - One leg has been amputated above the knee. | £104,830 - £137,470 |
Leg Injuries | (b) Severe (iii) - The ligaments/joints have been seriously injured or the leg has suffered a compound fracture. This can require lengthy treatment and potential scarring. | £39,200 - £54,830 |
Amputation of Arms | (b) Loss of one Arm (iii) - The arm is amputated below the elbow, which may cause phantom pains. | £96,160 - £109,650 |
Other Arm Injuries | (c) Less Severe - A degree of recovery is expected or has already happened but there will be significant disabilities. | £19,200 - £39,170 |
Ankle Injuries | (b) Severe - May need to spend time in plaster and will require extensive treatment. Also limits walking ability severely. | £31,310 - £50,060 |
Ankle Injuries | (d) Modest - Sprains and undisplaced fractures are included in this bracket. The extent of recovery will affect how much is awarded. | Up to £13,740 |
Back Injuries | (b) Moderate (i) - The lumbar vertebra may have been crushed or compressed. This can cause constant discomfort and may result in spinal fusion. | £27,760 - £38,780 |
Hand Injuries | (g) Less Serious - Hand has been severely crushed, which has impaired the function of the hand significantly. | £14,450 - £29,000 |
Chest Injuries | (g) The ribs are fractured, which causes immense pain and will last a few weeks. Also, includes soft tissue injuries. | Up to £3,950 |
If you can’t see your injury listed, please get in touch to find out how much you could receive after a trip and fall at work.
Trip and Fall at Work – What Other Compensation Amounts Could I Receive?
Another head of claim that could be included in your settlement is known as special damages. This head compensates for any monetary losses caused by your injury. Examples of financial losses might include:
- Care costs
- Home adaptations
- Medical expenses
- Loss of earnings
However, you will need to provide evidence of any losses to claim them back, such as payslips and bank statements.
For more information, call us on the number above.
Trip and Fall at Work – What Evidence Could You Use?
Following a trip and fall at work, you may be eligible to make a claim for your injuries. If so, there are several steps you can take to build a strong case.
For example, you can collect various pieces of evidence to prove your employer’s negligence and that you were injured as a result. Evidence you can collect includes:
- CCTV footage and any photographs of the accident or your injuries.
- The contact details of any witnesses, so your solicitor can collect a statement from them later on.
- A copy of the incident report in the workplace accident book. This only applies if your workplace has one and if you completed it following the accident.
- Medical reports providing details on your injuries and treatment you received.
Additionally, you should ensure you have enough time to start your claim as there is an injury at work claim time limit. Generally, you only have 3 years to start your claim from the date of your injury, as stated in the Limitation Act 1980. Alternatively, the 3 years may start from the date you became aware that your injuries were connected to negligence. However, there are exceptions that may apply.
Our team of advisors can provide further guidance on the time limitations for personal injury claims. Additionally, they can provide free legal advice regarding your potential claim. They can also assess whether your claim is valid and assign a solicitor from our panel to your case.
No Win No Fee Solicitors – Why Use Them?
A workplace injury solicitor from our panel could offer to represent your trip and fall at work claim under a Conditional Fee Agreement (CFA). A CFA is a type of No Win No Fee agreement that provides you with a way to access the services your solicitor provides without paying an upfront fee.
Additionally, under the CFA, there is:
- No payable fees for your solicitor’s services if your claim fails.
- A success fee that is deducted from your compensation if your claim succeeds. This is subject to a legal cap.
To learn more about whether a solicitor from our panel could represent your claim on this basis, call us on the number above.
Contact Us For Free Legal Advice Today
If you are still unsure whether you are eligible to make a claim following a trip and fall at work, speak with us today. We can answer any questions you may have about your accident at work claim and offer you some free legal advice.
To speak with us now, you can:
- Call us on 0800 073 8805
- Use the live chat function below.
- Start your claim online by filling out our form.
Learn More About Claiming for a Trip and Fall at Work
For more articles regarding accidents at work:
- A guide to forklift accident claims
- Where can I find injury at work solicitors?
- How to prove a back injury at work claim
Alternatively, if you would like further resources:
- UK GOV – Statutory Sick Pay
- NHS – First Aid
- HSE – Employer Responsibilities
If you have suffered from a trip and fall at work, speak with us today to see whether you could make a claim for your injuries.
Writer Megan Rogers
Editor Meg Matthews