Many types of job involve working in inherently dangerous environments. Examples of people exposed to working at height include:
- Construction Workers. • Steeplejacks.
- Scaffolders. • Electricians.
- Joiners. • Roofers.
- Arborists / Tree surgeons.
Falls from height are one of the biggest causes of workplace fatalities and major injuries, and sadly fatalities are on the rise each year. Often, these accidents are easily preventable where employers implement appropriate health and safety measures. It is important that workers and employers alike understand the consequences of insufficient safety practices.
Common injuries
Falls from height can pose serious and life-changing injuries including:
As a result of the above physical injuries, many workers will also suffer psychiatric injuries. Together, these can lead to workers needing significant time-off work and incurring a loss of earnings – both past and into the future.
Who is responsible?
The Health & Safety Executive (HSE) is responsible for enforcing workplace health and safety. This is done through legislation which aims to minimise the risk of harm when working from height. For example, the Health and Safety at Work Act 1974 imposes an overarching duty on employers to provide a safe working environment. More specifically, the Work at Height Regulations 2005 apply to all those who employ or control work at height, and oblige employers to, amongst other things:
- Consider all alternatives to working at height;
- Perform a suitable risk assessment; and
- Supervise all works to ensure that it is practically safe for all employees.
Ultimately, it is the employer’s duty to ensure a safe system of work is in place.
In addition to personal injury claims being brought, non-compliance with the relevant legislation may result in a criminal investigation by the HSE. Employers who fail to fulfil their safety obligations can be left with hefty fines or even imprisonment, especially when their negligence has led to a work-related death.
Common claims arising from injuries working at height
There are a range of potential claims that can arise as a result of an injury when working at height. The HSE is involved in pursuing criminal action against negligent employers and we can help guide clients through the process. However, we are primarily concerned with bringing civil claims for compensation following serious injury so that those injured can maximise their recovery. For a claim to be successful, you must prove that:
- You are/were an employee/subcontractor of the company or person at fault. This is not always as easy as it sounds – not least if you are employed through an agency.
- You suffered an injury. This may be complicated if your work accident aggravated a pre-existing medical problem, rather than causing an entirely new condition.
- There was a breach of the duty of care owed to you.
- Your work accident occurred less than three years ago (subject to some exceptions).
What to do if you or a loved one have suffered a fall from height?
All employees are entitled to work in a safe environment and your employer is obliged to implement the necessary safety legislation. Unfortunately, falls from height are a common occurrence and our experienced team of Personal Injury solicitors understand how devastating these injuries can be. If you have suffered a fall from height, our specialist team might be able to help you to claim compensation for the physical and/or psychiatric injuries you may have suffered and support you through your rehabilitation.
