How Is Compensation Calculated For A Slip, Trip And Fall At Work?
By Danielle Jordan. Last Updated 6th March 2024. Have you suffered an injury after a slip, trip or fall at work? Did the accident happen after your employer failed to uphold their duty of care? If so, you may be entitled to claim compensation from them. Within this guide, we explain the key steps to claiming slip, trip or fall at work compensation.
This guide also provides information on legislation that relates to the duty of care that employers owe their employees. We also offer insight into how much compensation for a fall, slip or trip at work may be offered if you succeed with a claim. This guide also covers the benefits you could gain if you choose to make a work accident injury claim with a No Win No Fee solicitor.
To speak to an advisor about claiming for a slip, trip or fall at work, you can contact our team for help today. Our advisors are available 24 hours a day, 7 days a week. If you have valid grounds to make a work injury claim and speak to our advisors for help, they may connect you with one of our No Win No Fee solicitors. You can get in touch with our advisors by:
- Calling us on 0800 073 8804
- Enquiring about your claim online
- Sending us a message via the live chat feature below
Jump To A Section
- Compensation Payouts For Slip, Trip And Fall Claims
- When Can I Claim For A Slip And Fall At Work?
- How Long Do I Have To Claim For A Slip, Trip Or Fall At Work?
- What To Do When Making A Claim For A Fall At Work
- Evidence For A Slip At Work Claim
- No Win No Fee Slip, Trip and Fall At Work Claims
Compensation Payouts For Slip, Trip And Fall Claims
Compensation payouts awarded in successful personal injury claims could consist of two parts. These are called general and special damages.
Your mental suffering and physical pain caused when you slipped at work will be compensated under general damages. Those responsible for evaluating your claim may refer to the Judicial College Guidelines (JCG) to help when assigning value to general damages. These guidelines list compensation amounts for different injuries.
We list a few figures for injuries that could be relevant to a slip, trip and fall accident from the 16th edition of the JCG in the table below. It should be noted that the top row is not from the JCG but is intended to show you how much compensation can be awarded when seeking damages for more than one serious injury and incurred expenses. As every personal injury claim will be assessed on its individual merits, the table is only intended as guidance.
Injury | Severity | Notes | Compensation Bracket |
---|---|---|---|
Multiple Serious Injuries and Related Expenses | Very Severe | Settlements may compensate injured parties for more than one very serious injury and special damages, such as lost earnings and mobility aides. | Up to £1,000,000+ |
Brain Injury | Very Severe | At this severity, the injured party will demonstrate very little, if any, meaningful response to their environment and depend on full-time nursing care. | £282,010 to £403,990 |
Back Injury | Severe (i) | In this bracket, the claimant has suffered spinal cord and nerve root damage that results in a combination of very serious consequences. | £91,090 to £160,980 |
Neck Injury | Severe (i) | Injuries in this bracket are associated with incomplete paraplegia or cause permanent spastic quadriparesis. | In the region of £148,330 |
Severe Leg Injuries | Most Serious Short Of Amputation | This bracket includes a variety of injuries that severe, such as extensive degloving, gross shortening or injuries that require extensive bone grafting. | £96,250 to £135,920 |
Arm Injuries | Severe | The claimant has an extremely serious injury, but it has fallen short of amputation. | £96,160 to £130,930 |
Knee Injuries | Severe | Injuries found in this bracket include a disruption of the joint, osteoarthritis development, gross ligamentous damage and require length treatment while causing considerable pain and function loss. | £69,730 to £96,210 |
Ankle Injuries | Very Severe | This bracket includes injuries that are limited and unusual, such as ones that cause a risk that a future injury will result in a below the knee amputation. | £50,060 to £69,700 |
Ankle Injuries | Severe | At this severity, there will be an extensive period of treatment and a significant residual disability. | £31,310 to £50,060 |
Wrist Injuries | Complete Loss Of Function | At this severity, the claimant suffers an injuries that causes the complete loss of wrist function. | £47,620 to £59,860 |
Skeletal Injuries | Jaw Fracture (i) | The claimant requires prolonged treatment for very serious multiple fractures. There will be permanent consequences, such as severe pain, eating restrictions, paraesthesia and an arthritis risk. | £30,490 to £45,540 |
You might also be awarded special damages to compensate for any monetary losses you’ve incurred because of your injury. Here is a list of a few examples of what you could be compensated for as part of your fall at work claim:
- Mobility aid costs.
- Money towards home adaptations.
- Loss of earnings, including pension contributions.
- Costs towards care or nursing.
- Prescription costs.
You should supply proof of your costs, such as bank statements, invoices, receipts and payslips.
If you would like to discuss how much compensation you could receive for an accident at work claim based on your injuries, speak with one of the advisors from our team. They can also advise you on what you could claim under special damages.
When Can I Claim For A Slip And Fall At Work?
If you’ve suffered a fall or slip at work and have been injured as a result, you might be wondering if you could make a claim for compensation. You may be able to bring forward a personal injury claim after an accident at work, if your case meets certain criteria.
First, you have to establish that your employer owed you a duty of care. This is a legal responsibility for your health and safety that all employers owe their employees. The Health and Safety at Work etc. Act 1974 (HASAWA) states that employers must take all reasonably practicable steps to keep their employees safe while working.
If your employer breached this duty of care, and you slipped at work and suffered an injury as a result, then this is known as negligence in tort law. If you can establish negligence, then you may have the basis for a valid accident at work claim.
For example, if a drum of oil is spilt over by a forklift truck, it could lead to a warehouse accident in which you suffer an injury.
Another accident could involve you working on a roof, which you fall through due to no safety checks being made beforehand.
To learn more about when you could claim fall at work compensation, contact our advisors today. They can answer any questions you might have about the accident at work claims process, and may be able to connect you with one of our solicitors.
How Long Do I Have To Claim For A Slip, Trip Or Fall At Work?
As previously stated, negligence must have occurred for slip and fall claims to be eligible for compensation. In addition to proving this, you must ensure that you start your personal injury claim within the relevant limitation period.
If you fell down at work and are making a personal injury claim, the Limitation Act 1980 states that you generally have three years to start your claim. However, in certain instances, there are exceptions. This includes claims being made on behalf of:
- Those under the age of 18. The time limit is paused until their 18th birthday. While the time limit is paused, a court-appointed litigation friend could make a claim for them. From the date of their 18th birthday, they will have three years to start a claim if one has not already been made.
- Those without the mental capacity to start a claim for themselves. In these cases, the time limit is suspended. This suspension will last until they regain this capacity. Whilst this suspension is in place, a litigation friend could start a claim and legal proceedings for them. Should they recover this mental capacity, they will have three years from that date to start a claim if one has not been started for them.
If you have been injured in a slip at work and are unsure whether you could make a personal injury claim, you can call our advisors. They could offer you free advice and inform you whether you still have enough time to start your claim.
What To Do When Making A Claim For A Fall At Work
If you have sustained harm in a fall at work and claim for a personal injury, you will need to follow the Pre-Action Protocols for Personal Injury Claims. These are a set of actions that need to be carried out as a way to avoid the claim going to court. As such, a claim will not be able to go to court if these steps haven’t been followed.
The actions include:
- Sending a Letter of Notification. This means notifying the defendant that a personal injury claim is likely to be made against them.
- Rehabilitation. This step involves all parties considering if the claimant needs rehabilitation or medical treatment. This should be done at the earliest possible moment.
- Sending a Letter of Claim. This should include a clear summary of the facts on which the claim is based as well as what injuries have been sustained and the impact they have had.
- Response. The defendant has 21 working days to respond to the Letter of Claim including an identification of the insurer. They will then have 3 months from when they acknowledged the Letter of Claim to investigate.
- Disclosure of documents. This is the exchange of any relevant information to help resolve the claim.
- Experts. After documents have been disclosed, the claimant should attend an independent medical assessment to generate a report.
- Negotiations. As part of this stage, a Part 36 offer can be made. This permits claimants and defendants to make offers in order to settle pre-proceedings.
- Alternative Dispute Resolution. Arbitration or mediation can be used to resolve any issues that parties cannot agree on. If these cannot be resolved, legal proceedings will need to be initiated.
If you are interested in seeking legal representation for your claim, one of our No Win No Fee solicitors might be able to help. If you’re eligible to have them work on your fall at work claim, they could carry out these steps for you as part of the services they provide. Get in touch with an advisor today to find out how a personal injury solicitor could help you if you slipped at work.
Evidence For A Slip At Work Claim
If you are eligible to make a personal injury claim after you slipped at work, collecting sufficient evidence could help support your case. It could help with proving liability and the injuries you suffered.
Some examples of the evidence you could gather include:
- A copy of the report in the work accident book. This could provide information on when and how you suffered your slip at work.
- Medical evidence regarding your injury, such as a copy of your medical records.
- Video footage of the accident, such as CCTV footage.
- Photographs of the accident scene.
Furthermore, you could seek some legal advice. Our advisors are available 24/7, and could advise whether you could be eligible to make a claim for fall at work compensation. If they think you may have a strong case, they could connect you with one of our solicitors.
No Win No Fee Slip, Trip and Fall At Work Claims
If you are eligible to claim fall at work compensation, you may like to instruct an experienced workplace accident solicitor to work on your case.
One of our specialist solicitors might be able to help you with the claims process. They use a Conditional Fee Agreement (CFA) as a way to provide their services. A CFA is a kind of No Win No Fee arrangement.
When you make a compensation claim with the support of a No Win No Fee solicitor, you won’t be asked to pay any upfront costs or ongoing fees for the work they provide you. Additionally, if your claim does not succeed, they won’t ask you to pay for their services throughout your case for workplace injuries.
However, if you have a successful accident at work compensation claim, your solicitor will take a success fee out of your compensation. This amount is a capped percentage limited by the law.
Contact Our Team
If you have been the victim of an accident at work that wasn’t your fault, contact us immediately to set up your consultation, completely free of charge. There is no reason you should be facing such a confusing, worrying situation alone. If you are scared and unsure of what to do, we will be able to provide you with the necessary information to make an informed legal decision.
- Call us on 0800 073 8804
- Write to us
- Or send us a message using our live chat feature on your screen
Thank you for reading our guide about how to claim compensation for a slip, trip and fall at work.
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