In this guide, we explore the steps you can take following a trip and fall at work in which you sustained an injury.
Employers owe their employees a duty of care as outlined in the Health and Safety at Work etc. Act 1974 (HASAWA). This means they are required to take all reasonably practicable steps to prevent their employees from experiencing harm, either physical or psychological, in the workplace. A failure to do so could lead to an employee sustaining harm in the workplace. This guide will provide examples of how this could occur.
Furthermore, we will discuss the eligibility requirements for putting forward a personal injury claim, the evidence you can gather to support your case, and the compensation you could be awarded following a successful claim.
Continue reading to learn more about the rights you have after you tripped and fell at work. Alternatively, please get in touch with an advisor for free legal advice. They can answer any questions you might have. To reach them, you can:
- Call the number at the top of the page
- Contact us online
- Chat with an advisor using the chat function below
Trip and fall at work claims guide
When Are You Able To Claim Compensation For A Trip And Fall At Work?
There are three criteria that need to be met in order to claim for a trip and fall at work, including:
- Proving that your employer owed you a duty of care at the time and place of the accident
- Showing that they breached this duty of care
- Providing evidence of injuries you sustained because your employer breached their duty of care. These three criteria amount to negligence.
If you can demonstrate that negligence occurred, you could put forward a personal injury claim following an accident at work.
For more information on when you could be eligible to seek compensation, please get in touch on the number above.
How Could A Trip And Fall At Work Occur?
As mentioned, the duty of care employers owe includes taking steps that are considered reasonable and practical. This can involve conducting regular slips and trips risk assessments, ensuring employees are properly trained on health and safety, and addressing any hazards they become aware of.
A failure to uphold their duty of care could lead to a slip, trip or fall in the workplace. For example:
- An employer may fail to ensure the walkways in an office are clear and that the risks of any obstructions have been addressed. Due to their failure to do so, it could lead to an employee tripping over cables or trailing leads and sustaining a fractured wrist and minor head injury.
- Wet floors that have not been cleaned or adequately signposted giving rise to slips and falls. This results in an employee sustaining a broken ankle and a hand injury.
- Incorrectly stored equipment causes the walkway in a storage cupboard to become obstructed causing an employee to trip and fall at work.
It’s important to note that not all falls at work will form the basis of a valid claim. You must prove that the injury you sustained resulted from an employer breaching their duty of care. Get in touch to learn more about eligibility for seeking personal injury compensation.
Potential Evidence That Could Help In A Trip And Fall Claim
There are several pieces of evidence that could help you prove that negligence occurred. For example, you could collect CCTV footage of the accident and pictures of your injuries as well as any hazards that contributed to your accident.
Additionally, you could gather copies of your medical records such as X-ray scans, prescriptions, and doctor reports. You may also be asked to attend an independent medical appointment as part of the claims process. This can produce a report on the full extent of your injuries, including how they are expected to impact you in the future.
Other actions are asking witnesses if they would be prepared to give contact details to a solicitor with a view to providing a statement at a later date. Keeping a diary of injuries and treatments is also useful.
It’s important to note that you may still have a valid claim without all of the evidence listed above. Please consider getting in touch with our advisors and they can help clarify your eligibility today.
Is There A Time Limit For A Work Injury Claim?
The Limitation Act 1980 states that there is a three-year time limit to starting a personal injury claim. This can generally commence from either:
- The date of the accident
- The date you connected a breach of duty with the injuries you sustained.
There are instances when the limitation period can alter. Please get in touch to learn more about these exceptions.
What Payout Could You Receive From An Accident At Work Claim?
After making a successful claim for injuries sustained in a trip and fall at work, you could receive a payout comprising general damages and special damages. Each of these seeks to address the impact your injuries have had on your life. Firstly, general damages compensate for the psychological suffering and physical pain that you experienced due to your injuries.
Legal professionals can refer to a document called the Judicial College Guidelines to help them value your injuries. The document comprises a list of injuries with corresponding guideline compensation figures. We have used these in the table below. Please use them as a guide only because they are not guaranteed compensation amounts.
| Injury | Severity | Compensation Bracket | Notes |
|---|---|---|---|
| Head | (c) Moderate (i) | £150,110 to £219,070 | Injuries causing moderate to severe intellectual deficit, change in sight, speech and senses as well as increasing the risk of epilepsy |
| Arm | (c) Less Severe Injuries | £19,200 to £39,170 | Significant disabilities but a substantial level of recovery is expected or has already happened. |
| Wrist | (b) Wrist Injuries | £24,500 to £39,170 | Injuries that cause significant permanent disability but some useful movement remains. |
| Pelvis | (b) Moderate (i) | £26,590 to £39,170 | A significant injury to the pelvis or hip resulting in a non-major disability that is permanent. |
| Leg | (b) Severe (iv) | £27,760 to £39,200 | Moderate injuries including complicated or multiple fractures generally affecting one limb. |
| Neck | (b) Moderate (i) | £24,990 to £38,490 | Fractures and dislocations that cause immediate severe symptoms that need a spinal fusion. |
| Hand | (f) Severe Fractures To Fingers | Up to £36,740 | Injuries can lead to a partial amputation causing deformity, impaired grip, reduced function and disturbed sensation. |
| Back | (b) Moderate (ii) | £12,510 to £27,760 | Ligament and muscle disturbance causing backache. |
| Ankle | (c) Moderate | £13,740 to £26,590 | Fractures and tears to the ligaments that result in less serious disabilities. |
| Knee | (b) Moderate (i) | £14,840 to £26,190 | Injuries that involve dislocation, torn cartilage or meniscus. The result is wasting, weakness or another future disability of a minor nature. |
| Shoulder | (c) Moderate | £7,890 to £12,770 | A soft tissue injury that present symptoms of a more than minimal nature that continue for longer than two years. |
Special damages compensate for the financial losses you have incurred due to your injuries. These can include:
- A loss of past or future earnings
- Medical expenses
- Domestic care costs
- Travel costs
Providing evidence of these losses can benefit your claim, including payslips, receipts, and invoices.
Contact our team to find out more about the compensation you could be awarded following a successful accident at work claim.
Why Claim For A Trip And Fall At Work On A No Win No Fee Basis?
A Conditional Fee Agreement (CFA) is a type of No Win No Fee contract that means you do not need to pay any upfront fees to hire the services of a solicitor. You also don’t need to pay for these as the claim progresses.
If your claim concludes unsuccessfully, you will not usually need to pay for your solicitor’s services. However, if the claim completes successfully, you will pay a success fee from your compensation. This is calculated as a percentage that the law caps.
The accident at work solicitors from our panel offer their services on this basis. If you have a valid claim with a chance of success, an advisor could connect you with a solicitor from our panel. To find out more, please get in touch with an advisor. They can also provide further guidance on claiming for injuries sustained in an accident at work. You can reach them by:
- Calling the number at the top of the page
- Filling out the contact form online
- Chatting with an advisor via the live chat feature below
Learn More About Falls At The Workplace
Below, we have provided some more of our guides:
- Average compensation for a fall at work
- Claiming for a scaffolding accident at work
- Forklift accident claim
Additionally, you can find some additional resources below:
- NHS – First Aid
- Health and Safety Executive – Employer’s Responsibilities
- GOV – Statutory Sick Pay
Thank you for reading this guide on claiming for injuries sustained in a trip and fall at work. If you have any other questions, get in touch on the number above.
Writer Jeff Warden
Editor Meg Martin
