In this guide, we will tell you who might be eligible to make an accident at work claim after being hit by a falling object at work. We also look at the evidence that could be gathered to support your potential case.
Later in this guide, we will provide examples of how accidents involving falling objects can happen and the injuries that could be sustained as a result.
Moreover, we will discuss how compensation payouts for successful accident at work claims are calculated and what they could include.
Finally, we discuss the benefits of working with a solicitor offering their services under a No Win No Fee agreement.
Continue reading to find out if you can potentially claim compensation for your injuries. Alternatively, you can contact our team of advisors using the details below. They can answer your questions and give you a free case assessment.
- Call 0800 408 7827.
- Fill out our ‘Contact Us‘ page.
- Use our live chat box.
Browse Our Guide
- When Can I Claim If Hit By A Falling Object At Work?
- What Are Common Causes Of Falling Object Injuries?
- What Should I Do If I Am Injured From A Falling Object At Work?
- Struck By Falling Objects – Examples Of Potential Compensation
- Why Make A No Win No Fee Claim After Being Hit By Falling Objects?
- Learn More About How To Claim After An Accident At Work
When Can I Claim If Hit By A Falling Object At Work?
The Health and Safety at Work etc. Act 1974 establishes an employer’s duty of care to protect their employee’s health, safety and welfare at work. They must take practical and reasonable steps to ensure that the workplace is safe for employees to use.
Employers can uphold their duty of care by, for example, carrying out risk assessments, putting measures in place to address any known hazards, providing necessary personal protective equipment, and adequate training.
If you have been injured after being hit by a falling object at work after your employer breached their duty of care, you may wonder whether you could sue your employer for personal injury compensation.
The eligibility criteria for making a personal injury claim after an accident at work are as follows:
- You need to demonstrate that at the time and place of the accident, a duty of care was owed to you by your employer.
- You need to show that they breached this duty.
- Finally, you need to demonstrate that this breach caused your injury.
To speak with our team of advisors about the eligibility of your accident at work claim, please use the number above.
What Are Common Causes Of Falling Object Injuries?
Below, we have provided examples of how an employee could be hit by a falling object at work:
- Poorly stacked objects in a warehouse. This could lead to them falling and hitting you on the head or shoulder.
- Poorly maintained machinery, including a crane or forklift truck. This could result in heavy objects falling and crushing an employee resulting in serious crush injuries to the legs or arms that later require amputation.
- An employer not providing you with necessary Personal Protective Equipment (PPE), such as a hard hat or steel-toe capped boots, to reduce the risk of injury posed by falling objects on a construction site. This could lead to crushed foot injuries or head injuries.
What Injuries Can Be Suffered From A Falling Object?
Injuries you could suffer as a result of being hit by a falling object include:
- Serious head injuries.
- Brain damage.
- Back injuries.
- Musculoskeletal injuries.
- Broken bones, such as a broken foot.
Where Might Falling Object Injuries Happen?
Examples of workplaces where falling object injuries can happen include:
- Warehouses.
- Construction and building sites.
- Demolition sites.
- Retail premises.
- Public place buildings.
- Schools and colleges.
Find out if you could claim after being hit by a falling object at work by calling our helpful team on the number above.
What Should I Do If I Am Injured From A Falling Object At Work?
Suppose you are injured from being hit by a falling object at work. In that case, gathering as much evidence as possible to prove that your employer is liable for the injuries you have suffered is important. For example, you could gather:
- CCTV footage of the accident.
- Photographs of where the accident happened and of your injuries.
- A diary of your symptoms and treatment.
- Contact details from any witnesses of the accident.
- Copies of your medical records.
What Are The Time Limits For A Falling Object Claim?
The time limit to start making a personal injury claim if you have been hit by a falling object at work is typically 3 years from the date you were injured. This is stated in the Limitation Act 1980.
However, there are some instances where the time limit will be suspended for the claimant under certain circumstances.
If you get in touch with an advisor, they might be able to connect you with a solicitor from our panel, provided you have a valid claim. They have experience handling workplace accident claims and could help you gather evidence and present your full case within the correct limitation period.
Find out more about how a solicitor from our panel could help by calling the number above.
Struck By Falling Objects – Examples Of Potential Compensation
Following a successful workplace accident claim, you could receive a settlement comprising up to two heads of loss:
- General damages: Compensation for the pain and suffering your injuries, both physical and psychological, have caused you.
- Special damages: Compensation for the financial losses caused by your injuries. This can include medical costs, travel expenses and loss of earnings. Receipts, travel tickets and wage slips can help prove these losses.
To evaluate how much your general damages is worth, solicitors will look at your medical records and the Judicial College Guidelines (JCG). The JCG is a document containing different compensation brackets for different injuries at varying levels of severity.
Injuries Table
You can find a selection of the JCG figures in the table below. Please use these as a guide only.
Injury | Severity | Compensation Bracket - Guide | Comments |
---|---|---|---|
Brain damage | Very severe (a) | £282,010 to £403,990 | Full-time care required. |
Moderately severe (b) | £219,070 to £282,010 | A very serious disability leading to substantial dependence on others. | |
Moderate (c) (i) | £150,110 to £219,070 | The senses are affected and there is no chance of future employment. | |
Moderate (c) (iii) | £43,060 to £90,720 | Concentration and memory are impaired and the chance of future employment is reduced. | |
Foot | Amputation (b) | £83,960 to £109,650 | One foot is amputated. |
Moderate (f) | £13,740 to £24,990 | Displaced metatarsal fractures causing permanent deformity and ongoing symptoms. | |
Shoulder | Severe (a) | £19,200 to £48,030 | Damage to brachial plexus causing significant disability. |
Moderate (c) | £7,890 to £12,770 | Frozen shoulder causing limited movement and discomfort for around 2 years. |
If you wish to learn more about the compensation that could be awarded after being hit by a falling object at work, contact us on the number above.
Why Make A No Win No Fee Claim After Being Hit By Falling Objects?
After being hit by a falling object, you may want to pursue your accident at work claim with a No Win No Fee solicitor under a Conditional Fee Agreement (CFA).
When working with a solicitor under the terms of a CFA, you will not have to pay any fees for their work upfront or during the claims process. You will also not have to pay fees for their work if your claim is unsuccessful.
For successful personal injury claims, solicitors will take a capped percentage of the awarded compensation as their success fee.
Our panel of solicitors have experience with the personal injury claims process and can help you through each stage of seeking compensation.
To find out whether you could work with a solicitor from our panel, please get in touch with an advisor. They can also offer further guidance on claims for being hit by a falling object at work. You can reach them by:
- Calling 0800 408 7827.
- Filling out our ‘Contact Us‘ page.
- Using our live chat box.
Learn More About How To Claim After An Accident At Work
These other guides of ours might interest you:
- Learn how to sue your employer for a broken forearm at work.
- Read about how to sue a former employer for an injury.
- Find out how to sue your employer for a broken finger at work injury.
We think these external pages might also be of interest to you:
- A helpful guide on an managing health and safety at work from the Health and Safety Executive.
- An NHS guide on when to call 111 after an accident.
- Find out about claiming statutory sick pay with this government guide.
We hope this guide on when you could claim if you have been hit by a falling object at work has been helpful. However, if you have any other questions, please contact an advisor on the number above.
Article by MOS
Edited by MIT