Ladder Accident Claims – Guide With Example Payouts
By Cat Way. Last Updated 9th June 2023. A ladder is an essential tool in many environments, such as homes and certain workplaces. However, accidents and injuries can potentially occur when they are in use. Falls from ladders (and height in general) are one of the leading types of accidents, either at work, at home, or in a public place. Injuries sustained in a ladder accident can be very serious.
If you are injured in a ladder accident, whether that’s at work, in a public place or elsewhere, you may be able to claim compensation if the accident was caused by negligence by another party. In this guide, we’ll explain more about the types of ladder accident injuries that can happen. We’ll also look at the key steps for making different kinds of ladder accident claims and what evidence can support them. Potential compensation payouts and claiming with a No Win No Fee solicitor are also covered in this guide.
If, at any point, you would like to speak to an advisor about claiming for a ladder accident, then you can contact Legal Expert for help. You can call our advisors on 0800 0738 804. Alternatively, you can get in touch online using our claim online form or our 24/7 live chat service.
Select a section:
- What Is A Ladder Accident Injury?
- Damaged Or Faulty Ladder Accident Claims
- Claiming For Ladder Accidents Caused By Incorrect Use Of Ladders
- Can I Claim For Ladder Accidents Caused By Overreaching?
- Claiming For Ladder Accidents In The Workplace
- Claiming For A Ladder Accident As A Member Of The Public
- Other Common Causes Of Ladder Accidents
- Ladder Accidents – Example Injuries
- What To Do If You Have Suffered An Injury Caused By A Ladder Accident
- Compensation Payouts For Injuries Caused By A Ladder Fall
- Ladder Accident Claims With A No Win No Fee Solicitor
Ladder accident injuries can take many forms. Typically, however, they involve a fall from an elevated height. This could be due to the ladder slipping, faulty equipment, or poor training. As we will see in a later section, such accidents can happen for a variety of reasons.
Ladders are frequently used in construction, manufacturing, catering and hospitality, and other similar industries. Any subsequent ladder accident injuries can include bruises, broken bones, leg injuries, arm or shoulder injuries, back injuries, head injuries, internal organ injuries, or any other injuries directly or indirectly caused by a fall from a ladder at work. Additionally, these accidents may also involve emotional trauma, psychological effects, and financial losses sustained by the victim as a result of the accident.
One of the most common causes of work accidents involving ladders is when a ladder being used is damaged or faulty. Ladders, just like any other work tool, can potentially develop faults if not maintained or cared for properly. Even when treated carefully, ladders can still be affected over time due to wear and tear from the frequency of usage and the weight of the people that the ladder has to support. When a ladder has become weak or damaged due to prolonged use, it may ultimately cause users to fall and injure themselves if the problem is missed or ignored.
If you have been involved in a ladder-related accident (and have suffered an injury as a result) you may be owed compensation. Claiming for compensation following such an accident will likely depend on demonstrating the negligence of another party. For example, those who have been injured in the workplace may have a right to claim compensation from their employer, who may have failed to follow health and safety regulations and provided employees with a ladder that was not functional or was poorly maintained. If you are interested in making a claim for compensation following an accident, get in touch with a law firm and discover more.
Knowing how to use a ladder is important. If you are employed in a situation where you may need to use a ladder on a regular basis, your employer should provide you with instructions on how to do so in a safe manner.
It is important that training is provided in order that staff members are able to use the ladder as intended. This could also include information on the correct type of ladder to use in a particular situation, how the ladder functions, and how to ensure that the ladder is placed on a firm, proper foundation and is not prone to slipping. If this training is not provided, the employer can be deemed negligent and any injured parties may have a legitimate claim for compensation.
Another major cause of work accidents involving ladders is over-reaching. If someone reaches too far to the side or above the ladder while on it, this can lead to a loss of balance. A fall and potentially a serious injury may then occur. A ladder accident caused by over-reaching is more likely to occur if an employee is using the incorrect ladder for a specific task but could also happen if they had not been trained properly by their employer.
In the case of overreaching, the employer may be held liable if they did not provide the right type of ladder for the task at hand and left the employee with no other choice but to overreach. They also might be liable if they failed to provide training and information regarding the dangers of overreaching while using a ladder.
When a job requires an employee to work at a height using a ladder, the employer is responsible for taking necessary precautionary steps to minimise the risks of accidents. Should the employer fail to do so, workers who sustain injuries from a ladder accident at work may be able to make claims for compensation.
Requirements that employers should follow to protect their staff working at height are outlined in the UK Work at Heights Legislation of 2005. An employee may be able to claim for a ladder accident at work if any of the following appplies:
- The employer failed to properly assess the risks associated with using a ladder for the work.
- The employer-provided a damaged or faulty ladder to be used for the work.
- The ladder was not subjected to adequate safety checks.
- The employer failed to properly and adequately train the employee on how to use the ladder.
- The employer failed to minimise risks by introducing a safer work system. For instance, where scaffolds and other safer equipment can be used instead of ladders.
- The employer-provided a ladder that was not appropriate for the task.
- The employer failed to provide necessary protective gear, such as harnesses and other fall protection equipment.
In some cases, the manufacturer of a ladder may also be held partly responsible if negligence on their part contributed to a ladder accident. A manufacturer may be considered negligent if they provided a faulty product or misleading instructions or information was provided with it.
Accidents involving both ladders and members of the public are not uncommon. These accidents may not only affect the person who mounted the ladder but may also affect people on the ground and in the immediate vicinity. A typical example is when the ladder slips and falls on a passer-by, injuring them in the process.
It can be possible for members of the public to make a claim for injuries sustained due to an accident involving a ladder. The potential claimant will need to prove that the accident occurred due to negligent behaviour by another party that owed them a duty of care.
The use of warning signs and other protective measures in a public place is just one way in which an occupier of a property can protect members of the public from such injuries. If these are not present, there may be a case for a compensation claim. If you have been involved in such an accident, we recommend discussing the matter with a law firm as soon as possible.
As highlighted in the sections above, ladder accidents can occur due to factors such as damage to the ladder, incorrect use, and overreaching. However, there are other potential causes of ladder accidents, such as:
- Inclement Weather: If ladders are used during bad weather conditions (like high winds or a storm), the risks of a person falling off their ladder can be higher.
- Wrong Ladder Placement: Ladders are supposed to be placed on solid, firm surfaces. If the base of a ladder is placed on a wet, soft, or slippery surface, it may cause the ladder to slip during use.
- Lack of Protective Gear: As part of their duty of care, employers should provide their staff working at height appropriate personal protective equipment (PPE). Failure to wear protective gear when working on a ladder could cause injuries to be more serious.
- Failure to Lock the Ladder: The hinges of a ladder should be locked before the ladder is mounted. When the hinges are not locked, the ladder may slip and serious injuries could occur.
- Standing at the top of the Ladder: The top step of the ladder is not intended for standing; it’s designed to make it easier to get the ladder closer to the wall. Standing on this part of the ladder may lead to accidents because it is not as strong as the other parts of the ladder.
Any of these examples could potentially lead to a compensation claim, depending on the circumstances. You can contact our team of advisors if you are trying to determine whether your ladder accident could lead to a claim.
There are various types of injuries that you could suffer due to ladder accidents. Some examples include:
- Back injury – If you were to fall from a ladder, you could suffer various back injuries, such as a strain, soft tissue injury or disc prolapse. In worst-case scenarios, you could even become paralysed.
- Breaks or fractures – You could suffer from a broken leg or fractured arm.
- Head injury – If a ladder were to fall onto you, you could suffer from a head injury or concussion.
- Cuts, bruises and lacerations.
No matter what injury you suffered in your ladder accident, in order to be eligible for compensation, you need to prove that your injury was directly caused by someone else breaching their duty of care.
Contact our advisors today to see whether you could make a personal injury claim for falling off a ladder.
The first thing to do following an accident is to seek medical help. Once you have been properly treated, you can begin to think about legal action. In these situations, we suggest that you:
- Obtain Photographic Evidence: photographic evidence of both the scene and your injuries can be useful in proving negligent behavior during a court case.
- Get Witness Statements: witness statements can strengthen your claim. Taking contact details from witnesses allows you to reach out to them at a later date.
- Report the Incident: if possible, make a formal report of the incident at the premises where it took place. If, for instance, your injured in a work ladder accident, then make sure it is reported in your workplace’s accident report book.
- Get an Expert Opinion: a report from a medical professional detailing the current situation and long-term effects of your injury can serve as a strong backup for your claims.
- Document Financial Losses: keep receipts of all expenses related to treatment and management of your injuries as this will help to determine the final compensation amount.
You may not be able to do all of these on your own after the accident. However, taking any (or all) of the above evidence to a legal professional can provide an excellent foundation for your compensation claim.
How Long Do I Have To Claim For A Ladder Accident?
If you are looking into claiming for injuries resulting from a fall from a ladder caused by another party’s negligence, then it’s important to know that a time limit usually applies for starting such claims. Usually, the amount of time you have to start a ladder fall claim is three years from when the incident took place. This time limit is implemented by the Limitation Act 1980.
There are a small number of circumstances that may change the time limit when wanting to claim after falling off a ladder. If the victim of a ladder accident was below the age of 18 when it occurred, then the standard time limit will not start immediately. It will remain frozen until the date when the victim turns 18 years old. From this point, the victim will be old enough to start a claim on their own behalf. Alternatively, a claim could potentially be made on behalf of a party below the age of 18 by a representative known as a litigation friend. This legal representative is typically someone close to the victim, such as a parent or guardian.
A time limit for starting a ladder injury claim usually doesn’t apply if the victim lacks the mental capacity to make independent decisions. A litigation friend may be able to claim on the victim’s behalf.
If you fall from a ladder at work and are injured, then you could be owed compensation if it was caused by your employer’s negligence. However, the amount you receive can sometimes be made up of more than one figure.
Firstly, there is the matter of general damages. You’ll find some example figures for general damages in the table later in the article. These example entries are from the Judicial College Guidelines (JCG). Published in 2022, the JCG is just one of the resources that legal professionals turn to when valuing a general damages payment. The amount that’s arrived at is intended to compensate you for the pain and suffering caused by your injuries.
|Moderately Severe Brain Damage||The person will be seriously disabled and will require constant care. They may suffer from physical and cognitive disabilities.||£219,070 to £282,010|
|Severe Back Injury (i)||Severe damage to the nerve roots and the spinal cord resulting in severe pain and disability.||£91,090 to £160,980|
|Severe Neck Injury (i)||A neck injury that is associated with incomplete paraplegia or results in permanent spastic quadriparesis.||In the region of £148,330|
|Severe Foot Injury||Mobility is restricted due to both heels or feet suffering severe fractures.||£41,970 to £70,030
|Severe Knee Injury (ii)||A leg fracture that has extended into the knee joint and causes constant pain with limited movement and impaired agility.||£52,120 to £69,730|
|Wrist Injuries (b)||Useful movement may remain but there is significant permanent disability.||£24,500 to £39,170|
|Arm Injuries (d)||You may suffer a simple forearm fracture.||£6,610 to £19,200|
|Modest Ankle Injury||Minor/undisplaced fractures, sprains or ligamentous injuries. Whether a complete recovery has been made will affect how much is awarded.||Up to £13,740|
|Moderate or Minor Elbow Injury||Fractures, lacerations or tennis elbow syndrome. The recovery rate will affect how much is awarded.||Up to £12,590|
|Less Severe Post-Traumatic Stress Disorder||A full recovery will be made within two years with only minor symptoms persisting.||£3,950 to £8,180|
Laddering Accidents – Other Payout Examples
As we previously discussed, you could be able to claim for special damages after falling off a ladder. This head of claim compensates you for any financial harm or loss that may have been caused by your injuries.
Below are a few examples of financial damage that could potentially be claimed for after ladder accidents:
- Loss of earnings – If you suffer a severe injury, such as a broken rib, you may require some time off work and experience a loss of earnings. Payslips could help you claim this loss back.
- Home adaptations – If you were to endure an injury that left you paralysed, you may need to pay for a stairlift in your home, or doorways may need to be widened to allow wheelchair access. Make sure you retain any receipts or invoices that can prove this expense.
- Prescription fees – Falling off ladders can result in you needing pain medication to cope with your symptoms. You could be compensated for these costs if you store your receipts.
Get in touch to find out if our accident at work solicitors could help you make a claim.
If you’ve suffered injuries after a fall from a ladder, you may be eligible to work with one of our No Win No Fee solicitors.
Our solicitors work under a kind of No Win No Fee arrangement known as a Conditional Fee Agreement (CFA), which allows you to access their services without paying any upfront or ongoing fees. Additionally, you don’t pay a fee for their services if your claim fails.
If your claim succeeds, your solicitor will deduct a success fee from your settlement. This is a small, legally-capped percentage. Under a CFA, this percentage is capped at 25%.
There are many benefits that come with working with a solicitor on your claim. To find out if you could be eligible to work with one of our No Win No Fee solicitors, and to learn more about the potential benefits, contact our team today by:
Below, you can find lots of guides on claiming compensation for a workplace accident:
- You can read this page on the Health And Safety Executive’s website regarding what the law says about working at height
- How to claim for a minor injury at work
- 10 things to know about accident at work claims
- What to do if injured from work activities
- Firefighter accident at work claims
- Agency worker accident at work claims
- Night shift accidents
- Emergency service worker accidents
- Part-time worker accidents
- Accidents caused by inadequate protective equipment
- Paralysis injury claims
- Work accidents caused by tools
- Office accident claims
- Injuries caused by dangerous machinery at work
- Workplace accident claims
- Can you make an injury claim against a colleague?
- Agency worker accident claims
- Forklift truck accidents
- Can I be sacked for making a workplace accident claim?
- Do I get sick pay after an accident at work?
- Steps to take when injured at work
- Manual handling claims
- One person and two-person lifting and handling cases
- How to get compensation for a cut finger at work
- Scaffolding accident claims
- Warehouse accident claims
- Defective work equipment cases
- Industrial deafness claims
- Our accident at work claims FAQs page
We hope our guide on making a ladder accident claim has helped. However, if you have any additional questions, please call our team on the number above.