I Fell Through A Roof At Work – Can I Claim Compensation?
By Stephen Hudson. Last Updated 18th August 2023. If you fell through a roof at work and were injured as a result, you may be wondering if you are eligible to claim compensation.
This guide will explain the ways that an accident like this can occur and the injuries a fall could cause. We will discuss the medical and financial evidence that you can present which would support your claim for compensation, and explain what makes an eligible claim.
We will also discuss the benefits of hiring legal representation to assist you in your claim, as well as detail potential compensation payouts.
Our team of friendly advisors can provide free legal advice, and can give you a free consultation when you get in touch today. If our advisors find your claim to be valid, they may connect you with one of our expert solicitors. Read on to learn more, or get in touch today by:
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- The Work At Height Regulations 2005
- Employer’s Duty Of Care To Those Working On Roofs
- Time Limit For Claiming For Injuries After Falling Through A Roof
- Case Study – A Worker Fell Through A Roof
- How To Claim If You Fell Through A Roof
- Claiming For Injuries With A No Win No Fee Solicitor
- How To Claim If You Fell Through A Roof?
All employers owe a duty of care to employees as detailed in the Health and Safety At Work etc. Act 1974 (HASAWA). According to this legislation, employers must take all reasonably practicable steps to keep employees safe in the workplace or while they are carrying out work duties. Should an employer fail to deliver this duty of care correctly, leading to an employee becoming injured, then they may be liable for any suffering caused.
Similarly, The Work At Heights Regulations 2005 exists to help prevent death and injury caused by a fall from a height. Under these regulations, employers must ensure that work done at a height is properly planned, carried out by competent people, and appropriately supervised.
Our advisors can tell you if you have a valid claim when you get in touch today.
As mentioned in the previous section, all employers owe a duty of care to their employees, as laid out by the HASWA. Part of this duty of care includes following other health and safety legislation, such as the work at heights regulations. For example, some of the safety measures laid out by these regulations to help prevent injuries and deaths while working at a height include:
- Plan the work in advance
- Supervise the work
- Ensure work is carried out by a competent person
- Ensure that correct and adequately maintained equipment is provided
To hold a valid personal injury claim after falling through a roof at work, the onus will be on you to prove your employer was liable for what happened. This will mean providing evidence to show how they breached the duty of care they owed you and how this resulted in you sustaining the harm you suffered.
- Contact our advisors today if you fell through a roof as a result of a breach of your employer’s duty of care.
If you are eligible to make a personal injury claim after you fell through a roof at work, you should be aware that there’s normally a time limit for claims like these. The Limitation Act 1980 establishes that there’s usually a three-year time limit for starting a work injury claim. This time limit normally begins on the date of the accident.
Under some circumstances, the three-year time limit can work differently. If, for instance, the injured party is under the age of 18, then the time limit will not begin until their 18th birthday. A claim could be made on the child’s behalf by a court-appointed litigation friend. However, if this does not happen, then the injured party will have three years to start their own claim once they turn 18 years old.
If the injured party lacks the mental capacity to start a work injury claim on their own, then the three-year time limit is suspended indefinitely. A litigation friend could claim instead on the injured party’s behalf. If this does not happen, and the injured party later regains the mental capacity to claim on their own, then the time limit will start from the day of recovery.
For more advice on your eligibility to claim for injuries after falling off a roof at work, contact our advisors for free today.
A primary school was found to have breached health and safety law in 2019 when a teaching assistant fell through a ceiling and suffered a serious back injury.
After accessing the loft space in order to retrieve a spare desk, the ceiling gave way, causing the teaching assistant to fall around four meters. This incident left the victim with a broken back and necessitated three weeks of hospital treatment. After an HSE investigation, it was found the incident occurred because of the fragile ceiling due to only partial boarding of the access area. The school was fined £4,000.
Contact our team of advisors today to find out how to claim if you fell through a roof at work.
If you have had an accident at work, you should seek medical attention. It’s important to make sure any injuries are treated so that you don’t sustain any further harm. Your injuries and treatment will also be logged in your medical records, which will come in useful when you are gathering evidence.
It’s also in your best interest to record the incident in your workplace’s accident book. However, if you are unable to, a colleague could do this for you. The record can be used to prove that you were injured in a roof accident at work.
Other examples of evidence you should collect to prove that your employer has breached their duty of care to you and that you were injured, include:
- CCTV footage of the accident, if possible
- Photographs of the accident scene and your injuries
- The contact details of any colleagues or witnesses who can provide a statement corroborating your version of events
- A medical report produced by an independent medical expert, who can assess your injuries and offer insight into the extent of any harm you have suffered
Finally, you may consider seeking legal advice. An accident at work solicitor can cover all bases of your claim and assist you with gathering evidence. If you would like to work with one of our experienced solicitors, please do not hesitate to get in touch.
If you fell through a roof because your employer acted negligently, you may be wondering what kind of compensation could be due. There are two potential heads of claim to be considered.
The first is called general damages. General damages aim to provide compensation for the pain and suffering you endure as a result of your injuries, as well as any loss of amenity.
By referring to a publication called the Judicial College Guidelines (JCG), you can get a broad idea of how much you could potentially receive should your claim succeed. The JCG provides guideline compensation brackets for various illnesses and injuries. This helps solicitors value compensation claims. You can find some examples of these figures below.
|Area of Injury||JC Guideline Award and Severity||Supporting Notes|
|Head||(a) Very Severe - £282,010 to £403,990||Severe and permanent injury resulting in, very little if any, meaningful response to the surrounding environment and 24-hour care.|
|Head||(c) Moderate (i) - £150,110 to £219,070||A moderate to severe intellectual deficit, personality change and a significant risk of future epilepsy.|
|Back||(a) Severe (i) - £91,090 to £160,980||Spinal cord damage, severe pain and disability, loss of bladder function and incomplete paralysis.|
|Back||(b) Moderate (i) - £27,760 to £38,780||Compression and crush fractures impacting the lumbar region and causing continuous pain. Increased likelihood of spinal fusion becoming necessary.|
|Pelvis||(a) Severe (i) - £78,400 to £130,930||Fractures that cause intolerable pain, leaving significant disability, high risk of surgery and hip deformity.|
|Pelvis||(a) Severe (iii) - £39,170 to £52,500||Fractures to the acetabulum result in degenerative changes, instability and future requirement for hip replacement surgery.|
|Leg||(b) Severe Leg Injuries (iii) £39,200 to £54,830||Comminuted or compound fractures or injuries to the joints and ligaments that require prolonged treatment and cause extensive scarring.|
|Knee||(a) Severe (i) - £69,730 to £96,210||Injuries that seriously disrupt the joint, gross ligament damage and considerable loss of function and pain.|
|Ankle||(a) Very Severe - £50,060 to £69,700||Multiple fractures and soft-tissue damage causing deformity and potential for necessary amputation due to any future injury.|
|Ankle||(c) Moderate - £13,740 to £26,590||Fractures, ligament tears and scarring, difficulty in walking or standing for long periods and risk of future osteoarthritis.|
Please note that these are guideline figures only. The actual amount you may receive if you fell through a roof can differ.
The second head of claim is special damages. Special damages provide compensation for the financial impacts of your injuries. For example, under special damages, you may be able to claim back the costs of:
- Lost earnings
- Domestic care from family, friends or paid carers
- Adaptations needed at home to accommodate a new disability
- Physiotherapy costs or other treatments unavailable on the NHS
- Travel expenses to essential appointments
- Damage to personal items, such as your phone
Our team can provide a free consultation if you were injured after you fell through a roof at work caused by your employer being negligent. Get in touch today to learn more.
You might be wondering if you could sue your employer if you were injured at work. Our solicitors offer their services through a Conditional Fee Agreement (CFA). Generally, under this kind of No Win No Fee arrangement, you get all the benefits of legal counsel without paying any upfront or ongoing fees to your solicitor.
In the event of a successful claim, the only fee your solicitor will typically take is a success fee. This fee is a small percentage of your compensation. However, if your claim does not then succeed, you will not pay this fee.
Our advisors can tell you if you have a valid claim and can connect you with one of our expert solicitors when you get in touch by:
Accidents At Height
For more guides:
- Compensation for a broken neck
- Compensation after falling on uneven pavements
- Slip, trip, and fall head injury settlements
- Learn more about claiming compensation for a fall at work here. You can find potential compensation payouts and advice on working with a No Win No Fee solicitor.
- Find out how to claim if you fell down the stairs at work with our guide.
Or, for further resources:
Thank you for reading our guide on how to claim compensation if you fell through a roof at work.