I Fell Down The Stairs At Work, Could I Claim Compensation For My Injury?
‘I fell down the stairs at work can I sue?’ This would depend on what the circumstances were surrounding the incident and what caused you to fall. If you fell due to the negligence of your employer or another party such as a work colleague or cleaner, causing you harm, providing negligence can be proven, you could be able to claim compensation. Ways in which your employer may have been negligent might include; not fixing or replacing damaged and defective floor coverings around and on the stairs, failing to provide sufficient levels of lighting in the stairwells or failing to fix damaged handrails on the stairs.
A claim for a fall down the stairs at work could be complicated and so seeking professional legal advice would be a certain advantage. Legal Expert has an experienced legal team with expert personal injury solicitors that can assess your case for you and advise you on the steps you could take to get the compensation you deserve.
Select A Section
- A Guide To Claims If You Fell Down Stairs At Work
- What Is A Fall On Stairs At Work?
- What Risk Factors Could Cause Someone To Fall Down Stairs At Work?
- Types Of Injuries Caused By Falling Down Stairs At Work
- Is My Employer Liable If I Fall Down Stairs At Work?
- Reporting Injuries Caused By Falling Downstairs At Work
- Calculating Compensation If You Fell Down Stairs At Work
- Special Damages You May Claim After Falling Down The Stairs At Work
- No Win No Fee Claims If You Fell Down Stairs At Work
- Why Claim For Falling Down Stairs At Work With Us?
- Start A Claim If You Fell Down Stairs At Work
- Essential Workplace Injury Claim References
‘Can I claim compensation for a fall?’ If you were injured because of a fall you had that was someone else’s fault, then there is a possibility that you could claim compensation. In order to do so successfully, you need to provide a variety of evidence to prove the defendant’s part in causing you to be injured. Also, the claim will need to be initiated within the personal injury claims time limit which in the majority of cases is 3 years, although this can sometimes vary. This guide provides a wealth of information regarding slip and fall claims, particularly regarding claims for compensation for falling down the stairs at work. Information in the guide includes what risk factors might cause an accident on the stairs, what type of injuries could the victim suffer, what is your employer’s liability for these types of accidents and how you report injuries at work that were caused by falling down the stairs. It also gives information about what additional damages you can claim for, how much compensation you might receive if successful, and how hiring an accident at work lawyer can really help with pursuing justice.
Whether you work in an office, shop, restaurant or factory for example, if you fall on the stairs and become injured through somebody else’s negligence or error, you may want to consider making an accident at work claim. Injuries from a fall on the stairs could occur in multiple areas of the body and may range from minor injuries such as bruising, to more serious injuries including breaks, fractures and head injuries for example. Depending on the injuries sustained, you could be left unable to work or carry on with your usual daily tasks until you have recovered. With severe injuries, however, full recovery may not be feasible. You may not only suffer physical harm but also psychological harm as well.
Employers owe their employees a legal and moral duty of care to ensure that the working environment is as safe as possible and free from hazards where possible. They can do this in a number of ways such as having relevant health and safety policies and procedures in place and up to date and making sure all staff are trained accordingly. Employers should perform regular maintenance checks, provide PPE where appropriate such as anti-slip footwear and so on. If they breach the duty of care and an accident occurs causing an employee to be harmed, then they may be found liable for damages due to their negligence and made to pay compensation.
As stated above, employers have to, by law, ensure that their work premises are a safe environment for their employees to work in and free from potential hazards and risks where possible that could jeopardise employees safety and well-being. With regard to potential stair accidents, there are a number of risks that need to be dealt with in accordance with the Health And Safety Executive (HSE) guidelines for reducing the risk of falls on the stairs. The ways employers can reduce the risks include:
- Making sure the stairs are well lit.
- Making sure that the handrails or bannisters are at the correct height for where they are situated and making sure they are well maintained and secure.
- Ensure that the flooring particularly at the edge of the stair has good anti-slip properties.
- Ensuring that the edges of the stairs are well marked and noticeable.
Other necessary steps;
- Making sure that any carpet on or around the stairs is securely fitted with no loose edges that could pose a trip hazard.
- Ensuring that items are not randomly left on the stairs or in the staircase area.
- Erecting ‘wet floor’ warning signs when the floor is being cleaned.
- Erecting ‘wet floor’ warning signs when there has been a spillage or leak.
- Cleaning up any spillages or leaks within a reasonable amount of time.
If your employer fails to take the necessary steps to reduce the risks of falling down the stairs, they would be in breach of their duty of care. If you fell down-stairs at work due to this breach of employer’s responsibility and suffered an injury, then they may be held accountable.
There are many types of injuries that could be caused by falling down-stairs. Any area of the body could be affected by an injury or multiple injuries. As you would expect, falls down the stairs tend to cause more serious injuries compared to falls at ground level. Some of the injuries might include:
- Sprains and strains
- Breaks or fractures
- Neck injuries such as whiplash
- Back Injuries – ranging from minor to severe including muscular, ligament, tendon damage, to compressed or perforated disks.
- Spinal damage
- Nerve damage
- Head injuries – ranging from a mild concussion to severe brain damage.
Employees often, understandably, worry that if they choose to pursue a claim against their employer that they will be given the sack, and it’s this concern that very often stops them from filing a claim when they are well within their rights to do so. But they really needn’t be concerned. There are set rules regarding worker’s rights that protect them from unfair and unreasonable dismissal. All employers within England and Wales have to hold liability insurance as a legal requirement. The company supplying the liability insurance will deal with any personal injury claim brought against them. If the employee’s claim is successful, compensation will be paid out via the insurance rather than directly from the employer themselves.
If you have had an accident at work and suffered an injury as a result, you should report your accident to your employer as soon as possible, and make sure that it is recorded. All places of work are legally required to have an accident record book. By recording your accident and injury in the work accident book, it is providing proof that the accident occurred and that you were injured on the work’s premises. It is vital that you make sure the accident is written in your words and that you read it through before the book is signed by an authorised party. If your employer says they don’t have a record book, or simply refuse to allow you access, they may well be breaking the law. In this instance, you should try to gather any witness details so that you can contact them for a statement when required.
Any accidents that cause a serious injury are expected to be reported to the HSE via Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 (RIDDOR) by the employer, this is a legal requirement.
The compensation awarded for personal injury claims comprises of two types of damages, these are general damages and special damages. General damages account for the physical and psychological pain and suffering you have experienced due to your injury. The amount awarded for general damages will largely depend on the type and severity of the injury and the level of loss of amenity you have endured. In the table below, we have listed some compensation valuations for particular injuries written in the Judicial College Guidelines, which is a legal publication that documents compensation award amounts.
|Injury Type||Severity||Compensation||Further Information|
|Neck||Moderate||Up to £36,120||Cases of wrenching-type injuries and more serious disc lesions resulting in cervical spondylosis or permanent and recurring pain are included in this category.|
|Neck||Minor||Up to £7,410||Soft tissue damage to the neck where full recovery occurs within 3 months.|
|Back||Moderate||Up to £36,390||Cases of crush or compression fractures which cause a substantial risk of osteoathritis or lead to constant pain are included in this category.|
|Back||Minor||Up to £11,730||Less serious strains, sprains and soft tissue injuries where full recovery occurs, without surgery, in between 3 month and 2 years.|
|Arms||Fracture||Up to £18,020||Simple forearm fractures are covered by this category.|
|Wrist||Fracture||Up to £6,970||Uncomplicated Colles' fracture of the wrist are covered by this category.|
|Leg||Amputation||Up to £129,010||Injuries which result in the above-knee amputation of one leg.|
|Knee||Moderate||Up to £24,580||Injuries including dislocation, torn meniscus, lacerations, twisting and bruising which causes continuous discomfort are covered by this category.|
|Ankle||Severe||Up to £46,980||Ankle injuries that require pins and plates to hold bone fragments in place.|
If you would like to discuss your claim and the amount you may be awarded in more detail, feel free to take advantage of our free consultancy session that we offer at Legal Expert, you can contact us on 0800 073 8804 and we will be happy to help.
Special damages compensate for the financial burden your injury may have caused. This part of the claim allows you to be compensated for any expenses or financial losses you may have incurred that are directly due to the injury you have suffered after falling down the stairs at work. These may include medical expenses such as prescription costs or medical treatment costs, costs of travelling to and from doctors and hospital appointments, and costs of home help or care. They also cover any loss of earnings or future loss of earnings if you have not yet recovered enough to be able to return to work. Once again, the evidence is vital and so it is very important to keep any invoices, receipts or other payment documents that prove the value of expenses you have had to pay because of your injury.
A no win no fee policy, otherwise known as a Conditional Fee Agreement (CFA), allows claimants to have a level of financial protection and therefore the confidence to engage in a claim for compensation. The expert personal injury lawyers that work at Legal Expert offer the option of filing a claim under a no win no fee agreement. If you choose to sign a no win no fee agreement with one of our panel of solicitors, it essentially means that you will not be required to pay any upfront legal fees, or any legal fees during the claiming process either. In fact, if the solicitor was not successful in securing you a compensation award, you will not be expected to pay any of their legal fees at all. If they are successful, however, your solicitor will take a payment for their fees by deducting a percentage of the compensation award at the end of the claim. The amount they can take is legally capped and so you’ve no need to worry about it being an extortionate amount.
At Legal Expert, we pride ourselves on the excellent professional legal service we can offer. We work with highly motivated, expert personal injury solicitors that share our moral and ethical approach in fighting for justice. Some of the highlights of our service include offering free legal advice, a free consultancy session where you can discuss in detail the nature of your claim with one of our expert solicitor’s, we also offer a local medical to ensure you have a medical report which is a vital piece of evidence for your claim, and of course, we can give you the option of entering a CFA agreement.
Whilst you concentrate on recovering from your injury, we will work in the background gathering all the evidence we require to build a strong case for success. We always aim to secure the right amount of compensation and so work tirelessly, leaving no stone unturned. We will always keep you up to date with your claim’s progress, and are available at any time to take your call should you have a query.
With Legal Expert, you can be assured that your case is in capable hands and that we will do our absolute best to get you the compensation you deserve.
To start your claim for compensation for falling down the stairs at work, simply call us on 0800 073 8804. We will clearly explain the first steps we need to take and guide you through the legal process of making a claim with ease. You don’t need to worry, we will take the lead in pursuing your claim for you.
Slip, Trip Or Fall At Work Compensation – Here you will find additional helpful information regarding claims for a slip, trip or fall at work.
Back Injury At Work Claims – In this guide is some useful information for if you have hurt your back whilst at work and how you can claim.
Fractured And Broken Bones Claims – If you have broken or fractured a bone, you may find this guide useful.
HSE Slip And Trips At Work – The HSE provides information here regarding slips and trips at work.
Citizen’s Advice Workers Rights – You can find out your rights as an employee on this site.
NHS Head Injury Advice – If you have sustained a head injury from falling down-stairs at work, the NHS provides useful advice here.
Edited by Melissa.