If you have experienced a fall at work, you are not alone — and you do have rights.
This guide explains what steps you can take after falling at work, what your employer is responsible for, and how our expert solicitors can help you pursue workplace injury compensation.
Read on to understand your options and get the support you need.
Who is Responsible If I Fall at Work?
The responsibility depends on the nature of the fall. However, employers have a legal duty to protect the health and safety of their employees. This falls under several laws:
- The Health and Safety at Work Act 1974 – Employers should take reasonable steps to prevent accidents from occurring.
- The Management of Health and Safety at Work Regulations 1999 – Employers should assess risks and implement appropriate mitigation measures.
- The Work at Height Regulations 2005 – This outlines regulations for preventing falls from heights at work.
If your fall was because your employer neglected the above laws, then they may be responsible for your fall at work. However, there are some instances where the responsibility may fall upon yourself.
What if The Fall Was My Fault?
As an employee, you may be held fully or partially responsible for a fall at work if your actions contributed to it. For example, if you:
- Failed to follow training or procedures – for example, you failed to wear slip-resistant footwear or bypassed safety rails.
- Ignored warnings – for example, you walked past wet floor signs
- Disregarded the Health and Safety at Work Act 1974 – for example, you were reckless, didn’t use PPE, or endangered colleagues.
So, while the overall health and safety within a workplace may be the employer’s responsibility, employees share some of the burden, too. It is down to the employees to report unsafe working conditions, undergo relevant training, and follow all health and safety instructions.
However, you may still be eligible to claim compensation if you were partially at fault. Under the Law Reform (Contributory Negligence) Act 1945, your level of compensation may be reduced if you share the blame.
If the fall was completely your fault (for example, if it was down to your own reckless actions), then compensation is unlikely.
What Are My Employer’s Duties?
By law, employers must ensure that the working environment is safe. They should take all reasonable steps to reduce the risk of injury and harm to employees and visitors.
In the context of slips, trips, and falls, this includes:
- Providing suitable anti-slip footwear for wet, icy, or slippery surfaces
- Supplying personal protective equipment (PPE) when required
- Carrying out regular maintenance and repairs
- Ensuring that the flooring and carpets are kept in good condition
- Removing obstacles and tripping hazards from work areas
- Installing handrails in areas where they are needed
- Securing ladders, scaffolding, and other access equipment
- Keeping workspaces clean and tidy
What Are My Rights If I Have Fallen at Work?
As an employee, you have rights. Your rights are protected under health and safety legislation in the UK.
The Right to Report
After a fall at work, you have the right to report the incident. Inform your employer ASAP. Under the Health and Safety at Work Act 1974, your employer is legally required to record the fall in the accident book.
The Right to Sick Pay
If you have had an accident at work, you have the right to Statutory Sick Pay (SSP) and time off work. However, this can depend on your current employment status, contract terms, and eligibility criteria. If you do meet the criteria, your employer must pay you SSP. Learn more about current SSP eligibility on Gov.uk.
The Right to Medical Support
If you have fallen at work, your employer is legally obligated to ensure you receive appropriate medical attention. This may be on-site (for example, through trained first aiders or first aid kits), or through hospitals, GPs or specialists. In emergencies, your employer should arrange appropriate transport.
If your injuries are severe, your employer is required to make reasonable adjustments, such as flexible hours or modified duties, under the Equality Act 2010.
The Right to Compensation
If your fall was due to your employer’s negligence, then you can make a compensation claim. You can claim for pain / emotional distress, care costs, and loss of earnings.
You are also entitled to protection against retaliation – your employer can not dismiss or penalise you for making a claim. If they do, you can make an unfair dismissal claim.
What Can I Claim?
The amount you can claim depends on how liable you are and the severity of your injuries. If you have a severe head injury, for example, you can claim anything from £50,000 to over £400,000. However, if you have an arm or wrist injury, you can claim anything from £2,000 to over £100,000.
If you have had a fall at work, you can claim:
- General damages – a claim for the injury you have experienced
- Special damages – this may include care costs or loss of earnings
- Extra compensation – for example, for psychological trauma
How Do I Start a Fall at Work Injury Claim Against My Employer?
Start your claim by gathering evidence to support your claim. This may include:
- Medical records from your doctor
- Photographs of the injuries sustained
- Photographs of the scene of the fall
- CCTV footage of the fall
- Witness statements
- Records from the accident book
- Receipts for any expenses related to your fall
- Diary entries tracking your symptoms, recovery and impact of the injury
There is a time limit to filing a claim. You have three years from the accident to claim for a fall at work injury.
We recommend speaking with a solicitor as soon as possible. Your solicitor can arrange for a medical evaluation to determine the severity of the injury and any potential long-term effects. Your solicitor will also negotiate a settlement, and if unsuccessful, the case may then proceed to court.
Make a No-Win, No-Fee Claim Today
If you have suffered a fall at work due to your employer’s (or a colleague’s) negligence, our specialist personal injury solicitors are here to help. We have helped many people who have had an accident at work get the outcome they deserve, and we can help you, too.
Don’t delay in seeking the compensation you are entitled to. Contact us today for a no-obligation consultation or call 0333 305 4982.
We offer a no-win, no-fee service and can help you get the outcome you deserve. Start your claim today.
