How To Make A Window Cleaner Personal Injury Claim
By Cat Way. Last updated 30th August 2023. In this window cleaner accident claims guide, we discuss the process of making a window cleaner personal injury claim. If you’re a window cleaner whose employer breached the duty of care that you were owed, and this led to you being injured on the job, then you might be able to claim.
In this guide, we’ll look at the process of making a claim if your injury was caused by the negligence of your employer. We’ll also examine how a No Win No Fee agreement could benefit you from claiming.
You can get in touch with our team right now to discuss your window cleaner personal injury compensation claim if you prefer. Find out through a free assessment exactly what you could be owed in compensation.
Select A Section
- A Window Cleaner Accident Claims Guide
- Health And Safety When Cleaning Windows
- Liability For Window Cleaner Accidents
- Examples Of Window Cleaning Accidents
- What Evidence Can Help Me Prove A Personal Injury Compensation Claim?
- Personal Injury Compensation Payouts For A Window Cleaner Accident
- How To Make A Window Cleaner Personal Injury Claim
Window cleaner personal injury claims rely upon being able to demonstrate that employer negligence caused your injuries. When you’re at work, your employer has a duty of care to ensure your safety as much as is practicable.
There are two pieces of legislation that require your employer to extend a duty of care to your safety and wellbeing as far as reasonably practicable while at work. Firstly, the Health and Safety At Work etc Act 1974 obliges all employers in Britain to reduce or remove hazards to their employees as much as they practicably can.
Another piece of legislation relating to working at heights called the Work at Height Regulations 2005 may be applicable to you as well. This outlines how employers should safeguard those who work at a height.
For more information on the duty of care you’re owed in the workplace, and how this can be breached, speak with an advisor today. If you have a valid claim, you could be connected with one of our No Win No Fee solicitors.
There are several steps that your employer should take in order to ensure your safety while you’re in the workplace. This includes while cleaning windows.
As part of the duty of care that they owe, your employer needs to make sure that they carry out risk assessments. These can identify hazards to health so that they can be reduced or removed. For example, if there’s a particular risk to cleaning a side of a building that is particularly susceptible to strong winds, then steps could be taken to mitigate this.
Furthermore, you should be given equipment that is fit for purpose, safe and well-maintained. If your employer fails to do this and gives you equipment that is faulty in a way that poses a risk to your safety, then you could be injured.
You should also be provided with the appropriate Personal Protective Equipment (PPE) that you need to do your job safely. For example, you might need to wear a hard hat or gloves to reduce the risk of you being injured. If you aren’t provided with this, or if you’re given equipment that isn’t fit for purpose, then you could be entitled to claim.
If you’re involved in an accident as a window cleaner, then it would need to have been caused by the negligence of another party in order for you to claim.
If you work for a window cleaning company, then your employer owes you a duty of care. If they breach this, then you could be injured.
However, you could also be owed a duty of care if you are working for a window cleaning company through an agency. In order to claim, you’ll need to establish:
- Who had the duty of care
- That it was breached
- That you were directly harmed as a result
Furthermore, there are time limits to starting window cleaner personal injury claims that you should be aware of. Under the terms of the Limitation Act 1980, a claim must generally be started within 3 years.
This period can start from either the date of the accident or the time that you first became aware that your injuries were caused by negligence. Speak to our team if you need further clarification on this, or for details on the exceptions that apply.
Can I Claim Compensation If I’m A Self-Employed Window Cleaner?
If you are injured cleaning windows as a self-employed window cleaner, you may still be able to claim personal injury compensation if you meet the eligibility requirements mentioned above.
However, who you would make your window cleaner accident claim against can vary if you are self-employed. To find out if you could be eligible to claim as a self-employed window cleaner, contact our team of helpful advisors today. They can offer more information.
There are a number of different ways that someone could be injured as the result of a breach of duty when cleaning windows. For example:
- You could be involved in a ladder accident because the equipment you were provided was not maintained, resulting in a broken foot
- Inappropriate footwear provided that causes you to slip or trip
- Ropes or harnesses provided that are not fit for purpose, causing a head injury when you fall
- Struck due to a falling object from above
- Lack of training and supervision that results in injury such as a broken hand
You could also sustain psychiatric injuries as the result of a window cleaning accident. For example, you could experience Post Traumatic Stress Disorder (PTSD) as the result of an accident, even if you didn’t sustain any physical injuries as a result.
If you have any questions that our Window cleaner accident claims guide has not answered, get in touch with a member of our team today for free legal advice.
If you’ve suffered harm as a window cleaner in an accident, you must be able to provide evidence in order to make a claim. Evidence is crucial to the personal injury compensation claims process, as it can help support various different areas of your claim. For example, the right evidence can help demonstrate the severity of your injuries, how they occurred, and who is responsible.
Some examples of evidence that could be used to support your claim if you were injured cleaning windows include:
- Photographs: Taking pictures of your injuries can help illustrate their severity, whereas pictures of the accident site can help demonstrate how the accident occurred.
- CCTV: If your accident was captured by a CCTV camera, it’s possible that you could request the footage and use it as evidence.
- Medical records: Your medical records can offer more insight into your injuries, as well as the treatment you will need to recover. In some cases, if you work with a solicitor, they may arrange for you to undergo an independent medical assessment.
- Witness statements: Taking the contact details of witnesses allows their statements to be taken at a later date.
One of the benefits of working with a No Win No Fee solicitor on your claim is that they can help you collect this evidence. For example, a solicitor can talk to witnesses and take their statements, and can help you find collate evidence to build a strong case.
To find out if one of our solicitors could help you collect evidence to support your claim, contact our team of advisors today.
Once you have the necessary facts in your window cleaner personal injury claim clear, the next step is to look at how a compensation amount is calculated. There are two heads of damages that can be considered.
The first is called general damages which compensates you for the pain and suffering that your injuries have caused you. Legal professionals use amounts listed in the Judicial College Guidelines to help them value this head of claim. We’ve used some of these in the table below:
|Area of Bodily Injury||JC Guideline Award Amount and Severity||Supporting Notes|
|Head||(a) Very Severe - £282,010 to £403,990||Injuries to this level require round the clock care and the injured person will have little language function, or none at all.|
|Neck||(a) Severe (i) - In the region of|
|Incomplete paraplegia and little relief despite wearing 24-hour neck collar for a period of years|
|Back||(a) Severe (i) - £91,090 to £160,980||Spinal cord and nerve root damage of a profound nature|
|Pelvis/Hips||(a) Severe (i) - £78,400 to £130,930||Fractures and ruptured bladder injuries, causing organ dysfunction|
|Arm||(b) Injuries Resulting in Permanent and Substantial Disablement - £39,170 to £59,860||Serious forearm fracture leaving functional or cosmetic disability|
|Hand||(e) Serious Hand Injuries - £29,000 to £61,910||Injuries that leave the hand a 50% reduced capacity, involving amputation or loss of grip and dexterity|
|Leg||(b) Severe Leg Injuries (ii) - £54,830 to £87,890||Permanent mobility issues and multiple fractures that take years to heal|
|Knee||(a) Severe (i) - £69,730 to £96,210||Significant joint disruption and ligament damage|
|Ankle||(b) Severe - £31,310 to £50,060||A prolonged recovery in plaster or surgical pins leaving residual permanent issues, scarring and impact on employment|
|Ankle||(a) Very Severe - £50,060 to £69,700||Limited and unusual injuries will fall into this bracket. For example, fracture of the ankle that causes soft tissue damage where there's a risk that future damage might necessitate a below-knee amputation.|
Special Damages in Window Cleaner Personal Injury Claims
Special damages look at the financial losses that your injuries have incurred. This may include:
- Missed income or loss of earnings from time off while recovering
- Damage to personal property such as eyewear, clothing, or a mobile phone
- Medical bills
- Adaptations needed to your home
Applicable bills and receipts that show these costs could form evidence that supports your claim. If you have other costs caused by the injuries, speak to our advisors to see if they could be included in your claim.
A No Win No Fee arrangement can help you fund legal representation at no initial charge or any ongoing fees as your claim progresses.
No Win No Fee solicitors work on the understanding that if the claim fails they do not charge you for their services. If a claim succeeds they require a legally capped deduction from the settlement. This is called a success fee, and ensures you get the majority of the compensation you’re awarded.
Please consider calling our advisors to discuss further how a No Win No Fee agreement could help you. They could connect you with a personal injury solicitor to help today. You can:
- Call our advisors on 0800 073 8804
- Contact us online
- Use our ‘live support’ option to the bottom right of this page
More About Liability In Personal Injury Claims
We hope that you’ve found this window cleaner accident claims guide useful. We’ve included some guides below that you might find useful:
- Workplace accident claims
- Elbow injury claims
- Details on compensation for slipping on a wet floor
- More information on working and cleaning at heights
- Advice from the NHS after a fall
- Statutory Sick Pay (SSP) advice from the government
If you have any more questions about making a window cleaner personal injury claim, get in touch today.
Written by Waters
Edited by Stocks