Can I Claim For Being Hit By A Falling Object At Work?
This guide will discuss who could be eligible to make a personal injury claim after being hit by a falling object at work. While you are at work, your employer has a responsibility for your safety and well being, if they fail in this duty, it could cause a workplace accident in which you could be injured. In this guide, we will first look at the duty of care your employer owes to you, their employee, and the eligibility criteria that you would need to meet to make an accident at work claim.
As well as reviewing the evidence that could support your personal injury claim and discussing compensation guideline brackets for injuries, we will explain how a solicitor from our panel could offer their expert support on a No Win No Fee basis.
Our advisors can give you both a consultation and a case assessment for free to see if you could have a valid personal injury claim after being hit by a falling object at work. Our advisors identifying a valid claim could lead to you being connected with our panel of solicitors.
To chat with our advisors about your accident at work claim, or anything else, you can:
Select A Section
- Can I Claim For Being Hit By A Falling Object At Work
- What Is A Falling Object Hazard In The Workplace?
- What Evidence Do I Need For An Injury Claim Against An Employer?
- Examples Of Settlements For Being Struck By A Falling Object At Work
- Start Your Claim For Being Hit By A Falling Object At Work
- Further Advice On Workplace Accident Claims
If you were hit by a falling object at work and injured, you could have grounds for a claim if the accident was caused by your employer breaching their duty of care.
The Health and Safety at Work etc. Act 1974 places a duty of care on employers, setting out in Section 2 the requirement for employers to take reasonably practicable steps that keep employees safe in the workplace. Steps that employers could take to uphold their duty include, for instance:
- Keeping floors and walkways clear of unnecessary obstructions.
- Performing regular risk assessments and taking any advised steps to improve safety.
- Keeping equipment in a state of good repair.
- Providing training and PPE where necessary so that employees can carry out their work safely.
You could therefore make a workplace injury claim if you can show that:
- Your employer breached the duty of care they owed you when and where the accident occurred.
- This breach of duty caused an accident; and
- The accident led to your physical and/or mental harm.
How Long After An Accident At Work Could I Claim Compensation?
Your time limit for a personal injury claim will generally be three years, as stated in the Limitation Act 1980. With that being said, exceptions can apply in some cases, so please chat with an advisor if you have any questions about the time limit applicable to you.
We have outlined some examples of how you could be injured by being hit by a falling object at work. If you find that this or something similar has caused you harm at work, then you could consult with our advisors to see if your employer is liable for your injuries.
- An employer failed to maintain a conveyer belt, causing it to malfunction, and an item falling off the line causes a broken foot.
- An employee has had no training on how to stack the roll cage trolley, correctly. It is overstacked, and as it passes you, items fall off, causing a head injury.
- On a construction site, the lifting gear on a crane gives way, causing a serious head injury because the weight it was carrying exceeded the limit.
- The shelving in a warehouse was defective, however, the employer failed to repair or replace it, and it finally gave way, causing a serious back injury to an employee.
Collecting proof to show that an employer breached their duty of care can make a significant difference to your claim. Examples of useful evidence include the following:
- A record of the incident from your work’s accident book. In fact, it is strongly advisable for employees to report any incident, including near-misses, so it can be officially recorded.
- CCTV footage showing the cause of the accident, and the accident thereafter.
- Photographs of which the accident scene, plus any visible injuries suffered, can be seen.
- Medical records you can request during your treatment, like an X-ray.
- A diary of your treatment and symptoms after the accident.
- Contact information for any witnesses to the accident.
A solicitor can help to gather evidence and can collect statements from witnesses. If you would like to know more about whether a solicitor from our panel can help you with your injury claim after being hit by a falling object at work, then please give our advisors a call at the above number.
There are up to two heads of claim which can be included in a settlement, the first of which is general damages. This compensation takes into account the physical pain, and also the mental suffering, resulting from injuries.
This table uses figures from the Judicial College Guidelines, one of the sources legal professionals could refer to when valuing injuries.
It is intended as a guide for you, though we do not recommend taking the guideline brackets as a confirmation of compensation you would certainly get in a personal injury settlement since settlements will differ.
|Brain And Head||Moderately Severe||£219,070 to £282,010||People whose injuries are in this bracket will significantly depend on others due to serious disability.|
|Brain And Head||Less Severe||£15,320 to £43,060||While the injured person will recover well and resume normal life, some functions may not be fully restored.|
|Leg||Severe (i)||£96,250 to £135,920||This bracket covers the most serious injuries, short of the leg being amputated.|
|Arm||Loss of One Arm (ii)||£109,650 to £130,930||This bracket applies to injuries requiring an above-elbow amputation or amputation at the elbow.|
|Foot||b) Amputation Of One Foot||£83,960 to £109,650||This injury is approached similarly to leg amputations below the knee.|
|Hand||b) Significant Damage To Both Hands||£55,820 to £84,570||There would be a major loss of hand function, and cosmetic disability which is permanent.|
|Shoulder||Severe||£19,200 to £48,030||Such injuries are regularly associated with damage to the brachial plexus and the neck.|
|Shoulder||Serious||£12,770 to £19,200||Pain in the shoulder and neck, and further symptoms, caused by shoulder dislocation and lower brachial plexus damage.|
|Wrist||b) Significant Permanent Disability||£24,500 to £39,170||Some useful movement remains in the wrist.|
|Hand||Severe Fractures To Fingers||Up to £36,740||Injuries that may cause deformity and even partial amputation.|
Another head of claim, special damages, factors in the financial loss directly caused by injuries. Examples of costs you could claim for include a loss of earnings from missing work or travel costs if you have to pay for transport made necessary only by your injuries.
If you are injured in an accident caused by a falling object, our advisors could consult with you for free and give appropriate guidance. After an advisor provides a free assessment for you, if you have a valid claim, a solicitor from our panel could help with your claim.
As part of a CFA, fees for a solicitor’s services are not required:
- Before your case.
- During the case.
- At the end, unless your case wins.
If your case wins, your solicitor will recoup a success fee from the compensation. This will be a percentage, capped by the Conditional Fee Agreements Order 2013 and agreed with you in advance.
You may have questions, not only about your rights as an employee but how accident at work claims can be made or the benefits of having a solicitor from our panel on your side. Our advisors can answer these questions and give you plenty of useful and relevant information to help you decide what to do next.
To speak with our advisors at a time of your choosing, please contact us by:
For more of our guides:
- Details on who takes responsibility for recording injuries at work.
- Guide on claiming for a broken leg at work.
- An answer to: can I sue a former employer for an injury?
Some further resources:
- GOV.UK – Statutory Sick Pay.
- Health and Safety Executive (HSE) – Guidance on falling heavy items.
- NHS – Health A-Z.
Thank you for looking through our guide on claiming for being hit by a falling object at work.