Being hit by a falling object at work can cause injuries that vary in severity and type, such as moderate brain damage, serious laceration or a mild concussion. Your employer has a responsibility to prevent injury to you in the workplace. As such, if they fail to adhere to their responsibilities and a falling object has hit you at work causing you harm, you may be able to make an accident at work claim.
In this guide, we look at the eligibility criteria for claiming compensation for a workplace accident. We also explain how to prove your injury and accident with evidence.
As this guide progresses, we explore examples of compensation payouts and how they are calculated.
To conclude, we discuss why No Win No Fee agreements may benefit you if you have an eligible claim and wish to seek legal representation.
Whether you are claiming for yourself or someone else, we can help. Our panel of solicitors can assist you throughout the personal injury claims process should you be connected to them. To have your claim assessed, don’t hesitate to get in touch with an advisor today:
Browse Our Guide
- Could I Claim If Hit By A Falling Object At Work?
- Causes Of Being Struck By A Falling Object At Work
- How To Prove Your Claim For Being Hit By A Falling Object At Work
- Examples Of Payouts For Being Hit By A Falling Object At Work
- What Are No Win No Fee Workplace Accident Claims?
- Discover More About Workplace Accident Claims
You may be able to make a personal injury claim for being hit by a falling object at work if you can prove this criteria:
- Your employer owed you a duty of care when you were injured.
- Your employer’s actions, or lack of, meant their duty of care was breached.
- Your injury happened as a result of this breach.
The Health and Safety at Work etc. Act 1974 sets out an employer’s duty of care. Legally, they must take reasonable steps to ensure the workplace and its equipment and facilities are safe. Some of the steps employers can take to adhere to their duty include:
- Conducting risk assessments and removing or controlling the hazard.
- Ensuring they provide sufficient training, such as when carrying out manual handling tasks.
- Ensuring they provide adequate and necessary Personal Protective Equipment (PPE).
- Responding to reports of hazards as soon as they can.
- Implementing health and safety procedures.
If you are able to demonstrate that your employer did not uphold the duty of care they owed you, and this led to you sustaining an injury at work, you may be eligible to start a personal injury claim.
Limitation Periods For Accident At Work Claims
However, there are a few circumstances where the time limit is put on hold. These are:
- If the claimant is under 18.
- If the claimant lacks the mental capacity to make a claim.
In both instances, a litigation friend may start the claim for the person. They will be appointed by the courts.
However, for those under the age of 18, if no claim is made while the time limit is paused, they will have three years from their 18th birthday. If no claim is made for a person with a reduced mental capacity, and they regain the capacity required to claim themselves, they will have three years from the recovery date to do so.
For more information regarding the limitation periods for accident at work claims and to learn if you have an eligible case, contact an advisor on the number above.
Below, are some examples of how an employee could be hit by a falling object at work leading to them suffering an injury:
- No warning signs – You walk through an area of a construction site where there is a risk of falling debris but no signs have warned you of the risk. As a result, you are hit in the head and sustain a laceration.
- Inadequate protective equipment – You could suffer a serious head injury if you are not given a hard hat on a building site, and there are materials that aren’t properly secured by those working from a height, such as bricks and tools.
- Defective equipment – A colleague of yours could use a faulty ladder in the workplace. The ladder could topple over trapping you underneath and causing you a fractured rib and broken arm.
If you have been injured in an accident involving a falling object at work, call our advisors to find out whether you’re eligible to seek personal injury compensation.
To prove that you have been injured after being hit by a falling object at work as a result of your employer being in breach of the duty of care they owed you, you should collect:
- Contact details from other employees who may have been witnesses.
- CCTV footage from your work showing how the accident happened.
- Photographs of your injury and the accident site.
- A log of your accident found in the workplace accident report book.
- Copies of the medical care you have received. For example, a discharge letter from the hospital or a scan result.
- A diary illustrating your physical and psychological symptoms.
Evidence can prove liability for your injury as well as how you have suffered since being harmed. If you need help to collect evidence, our panel of solicitors can do this for you, provided you are eligible to continue pursuing your case. To find out more, speak to our advisors on the number above. They could assign a solicitor to begin working on your case.
General and special damages are the two heads of loss that could make up your compensation payout following a successful claim. They each compensate for the different ways your injuries have affected you.
General damages address the physical and psychological harm you have suffered due to your injuries. Various factors are considered when valuing this aspect of your settlement, such as:
- The impact on your quality of life.
- The severity of your injury and your symptoms.
- The expected recovery time.
Any copies of your medical records provided in support of your case and the Judicial College Guidelines (JCG) can be used to help solicitors calculate the value of your injuries. The JCG contains all types of injuries of various severities alongside guideline award brackets. You can find some JCG figures in the table below.
The compensation brackets are only a guide and are not guaranteed figures for what you may receive for your general damages.
|Injury||Severity||Compensation Bracket Guidelines||Comments|
|Brain damage||Very severe (a)||£282,010 to £403,990||Full-time nursing care is required.|
|Moderately severe (b)||£219,070 to £282,010||A very serious physical or cognitive disability where the person is substantially dependent on others.|
|Moderate (c) (i)||£150,110 to £219,070||Injuries where the senses, intellect, and personality are moderately to severely affected.|
|Less severe (d)||£15,320 to £43,060||Where some problems such as poor memory and concentration will persist. Otherwise, a good recovery will be made.|
|Facial Disfigurement||Very Severe Scarring (a)||£29,780 to £97,330||Cases where the claimant is relatively young with a very disfiguring cosmetic effect and severe psychological reaction.|
|Significant Scarring (c)||£9,110 to £30,090||Plastic surgery can or will reduce the worst effects. There will be some cosmetic disability left but the psychological impact will have improved.|
|Shoulder||Severe (a)||£19,200 to £48,030||Neck injuries involving brachial plexus damage.|
Special damages address the money you have lost, past and future, because of your injuries. For example, you could claim back:
- Lost wages if you cannot work.
- Travel expenses, such as journeys to and from the doctors.
- Care costs, such as needing domestic care for your injury.
- The cost of adaptations to your home.
Any receipts, bank statements, travel tickets, payslips, and invoices you keep may be useful to prove your financial losses.
Learn what your potential payout could be after successfully claiming for being hit by a falling object at work by calling our team on the number above.
If you work with a No Win No Fee solicitor from our panel with experience handling workplace accident claims, they could offer you a Conditional Fee Agreement. This particular kind of No Win No Fee contract means you typically won’t owe any fees for your solicitor’s work before or during the claims process. You also do not owe these fees for their work if your claim is unsuccessful.
If your claim is successful, your solicitor will take a success fee from your compensation. The percentage, which is taken as the success fee, has a legal cap to ensure you get most of your payout.
How To Contact Our Specialist Team
If you would like to have a No Win No Fee solicitor on our panel offer their services on this basis, please contact an advisor. They can assess the validity of your case and may connect you with a solicitor if you are eligible. Additionally, they could provide further guidance on seeking personal injury compensation.
To speak to us today and potentially start your workplace injury claim, please either:
You can read some of our other guides below:
- See if you are eligible to claim after suffering an injury due to no workplace training.
- Learn why is it important to report accidents in the workplace.
- Find out what are your employer’s responsibilities after an accident at work.
You can also browse these other external pages:
- NHS – Information on head injuries and concussion.
- GOV.UK – Guidance on statutory sick pay.
- HSE – information on falls of heavy objects at work.
Thank you for reading our guide on when you could be eligible to make a personal injury claim after being hit by a falling object at work. If you have any other questions, please call an advisor on the number above.
Written by JM
Edited by MMI