What Could You Claim If Hit By A Falling Object At Work?
This guide offers insight into when a personal injury claim could be made if you have been hit by a falling object at work due to an employer breaching their duty of care, and this has caused you to sustain harm.
What Could You Claim If Hit By A Falling Object At Work?
In addition to looking at the eligibility criteria that need to be met in order to begin a claim, we will examine personal injury compensation settlements, including how your injuries may be valued as part of a workplace accident settlement.
Later in the guide, we will take a closer look at the injuries you could sustain from this type of accident. Also, we explore the duty of care your employer owes to prevent you from becoming harmed at work and the legislation that sets out the responsibilities they have.
Finally, after the guide discusses the evidence that can be gathered to help with a claim, we will explain the benefits of seeking legal representation from our personal injury solicitors.
For a free consultation and for answers to questions you might have about accident at work claims, you can talk to our dedicated advisors.
To reach them, you can:
- Call on 0800 073 8804
- Contact us about beginning your claim online
- Speak to us on live chat through the below pop-up.
Select A Section
- What Could You Claim If Hit By A Falling Object At Work?
- When Could You Claim If Hit By A Falling Object At Work?
- Injuries Caused By Being Struck By An Object
- Proving Your Workplace Accident Claim
- How A No Win No Fee Workplace Accident Solicitor Could Help You
- Discover More About What To Do If Hit By A Falling Object At Work
What Could You Claim If Hit By A Falling Object At Work?
Accident at work settlements could potentially comprise up to two heads of claim. These are:
- Special damages: This could award you compensation for any financial losses stemming from the injuries suffered. For example, you may have suffered a loss of earnings due to having to take time off work to recover from your injuries. These could be claimed back under this head of claim, provided you have evidence, such as wage slips, to prove the loss.
- General damages: This head of claim compensates for the pain and suffering, both mental and physical, that your injuries have caused you. Medical evidence can be provided to help when valuing this aspect of your settlement.
Additionally, when valuing general damages, the Judicial College Guidelines could be used alongside medical evidence. This is a document containing a list of guideline award brackets, some of which we have used to create the table below.
However, please note that settlements vary based on numerous factors, so this table should only act as a guide.
Compensation Table
| Injury | Severity | Compensation | Notes |
|---|---|---|---|
| Brain and Head Injury | Very Severe | £282,010 to £403,990 | The person requires full-time nursing care. |
| Moderately Severe | £219,070 to £282,010 | Very serious disability, either cognitive or physical, and a substantial dependence on others, as well as a need for constant care. | |
| Moderate (i) | £150,110 to £219,070 | A moderate to severe intellectual deficit, plus affected senses, personality and no prospect of future employment. | |
| Moderate (ii) | £90,720 to £150,110 | The ability to work is greatly reduced. There is an intellectual deficit considered moderate to modest. | |
| Moderate (iii) | £43,060 to £90,720 | Memory and concentration are impacted and the ability to work is reduced. | |
| Hand | Total or Effective Loss of Both Hands | £140,660 to £201,490 | A serious injury involving damage that is so extensive that the hands are lost or essentially useless. |
| Total or Effective Loss of One Hand | £96,160 to £109,650 | A crushed hand injury that results in surgical amputation. | |
| Foot | Amputation of Both Feet | £169,400 to £201,490 | This is treated in the same way as amputation of both legs below the knee due to the loss of the ankle joint. |
| Shoulder | Severe | £19,200 to £48,030 | Neck injuries connected to brachial plexus damage, leading to significant disability. |
| Serious | £12,770 to £19,200 | Shoulder dislocation and damage to the lower brachial plexus resulting in shoulder, neck and elbow pain. |
If you would like to learn more about personal injury settlements, please contact an advisor on the number above.
When Could You Claim If Hit By A Falling Object At Work?
You must have valid grounds to pursue a personal injury claim for injuries sustained after being hit by a falling object at work. As such, you need to show the following occurred:
- The employer owed you a duty of care.
- The duty of care was breached.
- You suffered physical and/or mental harm due to the breach of duty.
The Health and Safety at Work etc. Act 1974 (HASAWA) dictates the duty of care that employers owe to their employees. Section 2 of HASAWA outlines that employers are required to take reasonably practicable steps to prevent harm to employees while they are at work, or as they carry out their work-related duties. Some steps that an employer could take to uphold their duty include:
- Providing sufficient training.
- Making sure equipment is well maintained.
- Carry out regular risk assessments.
Additionally, The Work at Height Regulations 2005 accounts for the risk of falling objects. Section 10 of this legislation states that employers must take suitable and sufficient steps to prevent items from falling, as far as is reasonable and practicable. If this is not possible, they need to take suitable and sufficient steps to prevent a person from being struck by falling items, that may cause a personal injury.
If an employer breaches their duty of care, then there may be the potential for accidents at work and subsequent injuries to occur.
What Is The Limitation Period To Claim For Being Hit By A Falling Object At Work?
The Limitation Act 1980 states that you generally have three years to start a personal injury claim from when the accident occurred. However, some circumstances might mean exceptions can be made to the time limit.
If you are unsure about how long you have to bring forward your claim, or whether you are eligible to do so, please get in touch with an advisor.
Injuries Caused By Being Struck By An Object
According to the Health and Safety Executive (HSE), the British regulatory body for health and safety in the workplace, provides useful statistics, some of which are compiled from employer reports.
Employers have a responsibility to report certain accidents and injuries under the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 (RIDDOR). As per these reports, it was found that 6,586 non-fatal injuries to employees were caused by being struck by a moving, flying or falling object.
There are several ways this type of accident could occur and different injuries that could be sustained as a result. For example:
- Falling objects could cause a serious brain or head injury. For example, stock falling from a forklift truck could strike a worker if it hasn’t been adequately secured before moving.
- An employee could sustain a crushed foot injury after dropping a heavy object due to not receiving necessary personal protective equipment, such as safety boots, to reduce the risks posed by manual handling activities.
- A body part trapped under a falling object could lead to a significant crush injury. For example, a finger being crushed by a toppled pallet truck in a warehouse accident may lead to finger amputation. This could also lead to a broken leg injury.
To discuss your specific case and find out whether you’re eligible to begin a workplace accident claim after being hit by a falling object at work, please call an advisor on the number above.
Proving Your Workplace Accident Claim
There are numerous forms of evidence that could help you prove that an accident at work caused your injuries, and that this occurred due to your employer breaching their duty of care. For example:
- CCTV footage of the accident, and also its cause, such as visible hazards.
- Photographs showing the cause of the accident, the immediate scene, and any visible injuries caused.
- An accident report, recorded in the work accident log book.
- Contact details of potential witnesses, so that statements can be collected during the claims process.
- Medical records, for example test results or copies of scans, such as X-rays.
- A diary detailing any treatment you have needed and any symptoms you have experienced.
Our solicitors could be able to support you with gathering evidence for a case, if you wish to seek legal representation. You can speak to our advisors using the contact details at the top of this page to find out whether you’re eligible to have them represent your claim.
How A No Win No Fee Workplace Accident Solicitor Could Help You
If you have a valid claim and are looking for legal services, our solicitors could help. They could offer assistance with the different stages of the claims process.
Additionally, they can offer you a Conditional Fee Agreement, which is a form of No Win No Fee contract, that allows you access to their services without requiring you to pay at the start of your claim, as your case progresses, or if the claim fails.
If your case is successful, your solicitor would take a percentage of your compensation as a success fee. However, the Conditional Fee Agreements Order 2013 applies a cap to this percentage.
Contact Us About Your Claim
Our advisors can carry out a case assessment for free. If their assessment shows you have valid grounds to make a claim, you could then be connected to our solicitors. However, there is no obligation for you to use their services.
Alternatively, if you require any further information regarding your potential accident at work claim, please reach out to an advisor. To do so, you can:
- Call on 0800 073 8804
- Contact us about beginning your claim online
- Speak to us on live chat through the below pop-up
Discover More About What To Do If Hit By A Falling Object At Work
Here are some more of our useful guides:
- A guide on fractured and broken bone claims.
- Guidance on what steps to take when injured at work.
- More information on falling object injury compensation claims.
These resources could also be helpful:
- HSE – Guidance on the safe maintenance of heavy items.
- GOV – Requesting CCTV footage.
- GOV – Overview of statutory sick pay.
Thank you for reading through our guide. Please contact an advisor for further information on making a personal injury claim after you were hit by a falling object at work.
Written by McCosh
Edited by Mitchell
