Claiming for Being Hit by a Falling Object at Work – Your Legal Rights

Accidents can happen anywhere, even in the seemingly safest of environments such as the workplace. One common type of workplace accident is being hit by a falling object. This can result in serious injuries and can have a significant impact on your physical and emotional well-being. In such cases, it is important to understand your legal rights and the process of claiming compensation for your injuries. This comprehensive guide will provide you with all the information you need to know about claiming for being hit by a falling object at work.

How Much Compensation Can I Claim?

The amount of compensation you can claim for being hit by a falling object at work depends on various factors, including the severity of your injuries, the impact on your daily life, and the long-term consequences of the accident. Compensation is typically awarded for several categories, including:

• General damages: This covers the pain, suffering, and loss of amenity caused by the accident.
• Special damages: This includes financial losses such as medical expenses, rehabilitation costs, loss of earnings, and any other out-of-pocket expenses incurred as a result of the accident.

It is important to note that every case is unique, and the compensation amount can vary significantly. To get a more accurate estimate of the compensation you may be entitled to, it is advisable to consult with a personal injury solicitor who specializes in workplace accidents.

Claiming for Being Hit by a Falling Object at Work: Do I Have a Valid Claim?

To have a valid claim for being hit by a falling object at work, you need to establish the following:

1. Duty of care: Your employer has a legal duty to provide a safe working environment and take reasonable steps to prevent accidents. This includes ensuring that objects are properly secured and that appropriate safety measures are in place.
2. Breach of duty: You must demonstrate that your employer breached their duty of care by failing to take reasonable precautions to prevent the accident. This could include negligence in maintaining equipment, inadequate training, or failure to enforce safety protocols.
3. Causation: You need to establish a direct link between the breach of duty and the accident. In other words, you must show that the falling object was a result of your employer’s negligence.
4. Damages: You must have suffered physical or psychological injuries as a result of the accident. These injuries should be significant enough to warrant compensation.

If you believe that these elements are present in your case, it is advisable to seek legal advice from a personal injury solicitor who can assess the merits of your claim and guide you through the legal process.

Statistics For Personal Injury Claims In The UK

Personal injury claims in the UK are not uncommon, and workplace accidents account for a significant portion of these claims. According to recent statistics:

• In 2020, there were approximately 693,000 non-fatal workplace injuries reported in the UK.
• Slips, trips, and falls were the most common cause of workplace accidents, followed by being struck by a moving object.
• The manufacturing and construction industries had the highest rates of workplace accidents resulting in injury.

In the year 2022/23, 68 members of the public were killed in work-related accidents in the UK 1. Over the long term, the rate of fatal injury to workers showed a downward trend, although in the recent years prior to the coronavirus pandemic, the rate had been broadly flat. The current rate is similar to pre-pandemic levels 1.

In terms of non-fatal injuries, according to self-reports from the Labour Force Survey in 2022/23, 561,000 workers sustained a non-fatal injury 5. Furthermore, 60,645 employee non-fatal injuries were reported by employers in the same period (RIDDOR) 5. Prior to the coronavirus pandemic, both the rate of self-reported non-fatal injury to workers and the rate of non-fatal injury to employees reported by employers showed a downward trend. The current rates are similar to the 2018/19 pre-coronavirus levels 5.

These statistics are crucial for understanding the state of workplace safety in the UK. They highlight the importance of implementing robust safety measures and enforcing stringent regulations to prevent workplace accidents and injuries.

Fatal Injuries

Over the long-term, the number of fatal injuries to employees has substantially reduced. For instance, in 2022/23, there were 68 fatal injuries among workers 1. The main types of fatal accidents included falls from a height (40 incidents), being struck by a moving object (29 incidents), and being struck by a moving vehicle (20 incidents) 1.

Non-fatal Injuries

On the other hand, non-fatal injuries have seen a significant decrease over the years. According to the Labour Force Survey in 2022/23, 561,000 workers sustained a non-fatal injury 4. Furthermore, 60,645 employee non-fatal injuries were reported by employers in the same period 4.

Work-Related Illness

As for work-related illness, the rate of total self-reported work-related ill health (including both new and long-standing cases) has declined from the level seen in the 1990s. However, the rate of self-reported work-related stress, depression, or anxiety had shown signs of increasing in the recent years prior to the coronavirus pandemic 2.

In 2022/23, the rate of total self-reported work-related illness was higher than the 2018/19 pre-coronavirus level, driven by a higher rate of self-reported work-related stress, depression, or anxiety. For self-reported work-related musculoskeletal disorders, the rate in 2022/23 was similar to the 2018/19 pre-coronavirus level 2.

Comparison with Previous Years

To compare these statistics with previous years, we can refer to the Health and Safety Executive’s report on workplace injury for 2020/2021. In this period, a total of 441,000 working people sustained an injury at work, and 142 workers were killed at work 5.

These statistics show a clear downward trend in fatal injuries and non-fatal injuries over the years. However, the rise in work-related stress, depression, and anxiety indicates that there is still room for improvement in managing mental health in the workplace.

These statistics highlight the prevalence of workplace accidents and the importance of taking legal action if you have been injured due to a falling object at work. By pursuing a personal injury claim, you not only seek compensation for your injuries but also hold your employer accountable for their negligence.

How To Recover Following an Accident

Being hit by a falling object at work can have a significant impact on your physical and emotional well-being. It is important to prioritize your recovery and take the necessary steps to ensure a smooth healing process. Here are some key steps to consider:

1. Seek medical attention: Your health and well-being should be your top priority. Seek immediate medical attention, even if your injuries seem minor. Some injuries may not be immediately apparent and could worsen over time.
2. Report the accident: Inform your employer or supervisor about the accident as soon as possible. This will ensure that the incident is properly documented, which is crucial for your claim.
3. Gather evidence: Collect any evidence related to the accident, such as photographs of the scene, witness statements, and medical records. This evidence will support your claim and help establish liability.
4. Keep a record: Maintain a detailed record of your injuries, medical treatments, and any expenses incurred as a result of the accident. This will be useful when calculating your compensation claim.
5. Consult a personal injury solicitor: It is highly recommended to seek legal advice from a personal injury solicitor who specializes in workplace accidents. They will guide you through the claims process, negotiate on your behalf, and ensure that your rights are protected.

Remember, the recovery process may take time, and it is important to be patient and follow your healthcare provider’s instructions. By taking care of your physical and emotional well-being, you are setting yourself up for a successful claim.

Claiming for Being Hit by a Falling Object at Work: Average Compensation Payout Amounts

The compensation payoutamounts for being hit by a falling object at work can vary greatly depending on the specific circumstances of the case. Factors that can influence the compensation amount include the severity of the injuries, the impact on the victim’s life, and the long-term consequences of the accident. It is important to note that every case is unique, and the compensation awarded is determined on an individual basis.

To give you a general idea, here are some average compensation payout amounts for different types of injuries caused by falling objects at work:

• Minor injuries: In cases where the injuries are relatively minor and do not have a significant impact on the victim’s life, the compensation payout can range from £1,000 to £2,500.
• Moderate injuries: If the injuries are more severe and result in a moderate impact on the victim’s life, the compensation payout can range from £2,500 to £10,000.
• Serious injuries: In cases where the injuries are severe and have a significant impact on the victim’s life, the compensation payout can range from £10,000 to £100,000 or more.

It is important to remember that these figures are just estimates and should not be taken as definitive. The actual compensation amount will depend on the specific details of your case and will be determined by the court or through negotiation with the responsible party’s insurance company.

To get a more accurate estimate of the compensation you may be entitled to, it is advisable to consult with a personal injury solicitor who specializes in workplace accidents. They will assess the details of your case and provide you with a more accurate estimate based on their expertise and knowledge of previous similar cases.

Claiming for Being Hit by a Falling Object at Work: Case Study Examples

To further illustrate the potential compensation payouts for being hit by a falling object at work, let’s consider a few case study examples:

1. Case Study 1: John works in a warehouse where heavy objects are stored on high shelves. One day, a poorly secured object falls from a shelf and hits John on the head, causing a concussion and neck injuries. As a result, John experiences ongoing headaches and neck pain, which significantly affects his ability to work and enjoy his daily activities. In this case, John may be entitled to a compensation payout in the range of £20,000 to £40,000, considering the severity of his injuries and the impact on his life.
2. Case Study 2: Sarah works in a construction site where tools and equipment are frequently used. One day, a tool falls from a higher level and hits Sarah’s hand, causing multiple fractures and permanent damage. Sarah requires extensive medical treatment, including surgeries and rehabilitation. Her injuries prevent her from returning to her previous job and limit her ability to perform everyday tasks. In this case, Sarah may be entitled to a compensation payout in the range of £50,000 to £100,000 or more, considering the severity of her injuries, the long-term consequences, and the impact on her future earning capacity.

These case study examples demonstrate the wide range of compensation payouts that can be awarded in cases of being hit by a falling object at work. It is important to consult with a personal injury solicitor to assess the specific details of your case and determine the potential compensation amount you may be entitled to.

Understanding Liability in Injury Claims

When it comes to claiming compensation for being hit by a falling object at work, establishing liability is a crucial aspect of the process. Liability refers to the legal responsibility of the party or parties responsible for the accident and the resulting injuries. In order to successfully claim compensation, you need to establish that another party was negligent and that their negligence caused the accident.

In the case of being hit by a falling object at work, potential parties who may be held liable include:

• Employer: Your employer has a legal duty of care to provide a safe working environment. If they failed to take reasonable steps to prevent the accident, such as properly securing objects or providing adequate training, they may be held liable for your injuries.
• Co-worker: If a co-worker’s actions or negligence directly contributed to the accident, they may be held liable for your injuries. For example, if a co-worker dropped an object from a height without taking proper precautions, resulting in your injury, they may be held responsible.
• Third party: In some cases, a third party, such as a contractor or supplier, may be responsible for the accident. For instance, if a contractor failed to secure objects properly or provided faulty equipment that led to the accident, they may be held liable.

Establishing liability requires gathering evidence that demonstrates the negligence of the responsible party. This can include witness statements, photographs of the accident scene, maintenance records, and any other relevant documentation. A personal injury solicitor can assist you in gathering and presenting this evidence to support your claim.

Seeking Immediate Medical Attention After an Accident

After being hit by a falling object at work, seeking immediate medical attention is crucial, even if your injuries seem minor. Some injuries may not be immediately apparent and could worsen over time if left untreated. Additionally, seeking medical attention promptly will ensure that your employer is aware of the incident and can document it properly. Here are some important reasons why you should seek immediate medical attention after an accident:

1. Identifying hidden injuries: Some injuries, such as internal bleeding or soft tissue damage, may not be immediately visible or cause noticeable symptoms. A medical professional can conduct a thorough examination and order diagnostic tests to identify any hidden injuries that may require treatment.
2. Preventing complications: Prompt medical attention can help prevent complications and minimize the long-term impact of your injuries. Early intervention and appropriate treatment can improve your chances of a full recovery and reduce the risk of developing complications or long-term disabilities.
3. Documenting your injuries: Seeking medical attention immediately after the accident ensures that your injuries are properly documented. This documentation will serve as crucial evidence when making a personal injury claim, as it establishes a clear link between the accident and your injuries.
4. Establishing a treatment plan: A medical professional will assess the extent of your injuries and develop a treatment plan tailored to your specific needs. Following this treatment plan diligently not only promotes your recovery but also strengthens your claim by demonstrating your commitment to your health and well-being.
5. Strengthening your case: By seeking immediate medical attention, you demonstrate that you took the accident and your injuries seriously. This strengthens your case by showing that you acted responsibly and did everything necessary to mitigate the damages caused by the accident.

Remember, your health and well-being should always be your top priority. Even if you believe your injuries are minor, it is always best to consult with a medical professional to ensure that you receive the appropriate care and support.

Claiming for Being Hit by a Falling Object at Work: Frequently Asked Questions (FAQ)

1. What should I do immediately after being hit by a falling object at work?

After being hit by a falling object at work, you should take the following steps:

• Seek immediate medical attention, even if your injuries seem minor.
• Report the accident to your employer or supervisor.
• Gather evidence, such as photographs of the scene and witness statements.
• Keep a record of your injuries, medical treatments, and expenses.
• Consult with a personal injury solicitor to understand your legal rights and options.

2. Can I claim compensation if the falling object was my own fault?

In most cases, you can still claim compensation even if the falling object was partially your fault. The legal concept of “contributory negligence” may come into play, which means that your compensation amount may be reduced based on your level of responsibility. It is advisable to consult with a personal injury solicitor who can assess the specific details of your case and provide guidance on your potential claim.

3. How long do I have to make a claim for being hit by a falling object at work?

In the UK, the general time limit for making a personal injury claim is three years from the date of the accident or from the date you became aware of your injuries. However, it is recommended to initiate the claims process as soon as possible to ensure that evidence is preserved and to avoid any potential complications. If you are unsure about the time limit for your specific case, consult with a personal injury solicitor who can provide you with accurate advice based on your circumstances.

4. Can I claim compensation if I am a self-employed worker?

Yes, self-employed workers are also entitled to claim compensation for being hit by a falling object at work. However, the claims process may be slightly different compared to employees. It is advisable to consult with a personal injury solicitor who specializes in workplace accidents to understand the specific requirements and procedures for self-employed individuals.

5. What if my employer denies liability for the accident?

If your employer denies liability for the accident, it is crucial to seek legal advice from a personal injury solicitor. They will assess the evidence, gather additional supporting documentation, and build a strong case on your behalf. In some cases, it may be necessary to take legal action and pursue your claim through the court system. A personal injury solicitor will guide you through the process and ensure that your rights are protected.

Being hit by a falling object at work can have serious consequences for your physical and emotional well-being. Understanding your legal rights and the process of claiming compensation is essential to ensure that you receive the support and compensation you deserve. By following the steps outlined in this guide, seeking immediate medical attention, and consulting with a personal injury solicitor, you can navigate the claims process with confidence and increase your chances of a successful outcome. Remember, your health and well-being should always be your top priority, and seeking the necessary medical care is crucial for your recovery.