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Accidents involving falls are one of the most common causes of catastrophic or fatal injury. Falls whilst working at heights account for a quarter (25%) of all workplace deaths. A fall of less than two metres can be enough to cause permanent disability from brain injury, spinal cord injury (SCI), major trauma or other serious injury, with life-changing consequences for the injured person and their family. Serious injury can also occur in accidents involving falls at or below floor level, from moving vehicles or where injury is caused by something else, such as an object that is falling.
The law requires employers, councils, and other business owners to take effective measures to prevent injury from falls or falling objects to their employees or other visitors to their premises. This also applies to schools, or public places and buildings, such as playgrounds, parks, hotels, and sports and leisure facilities. If their negligence results in serious injury from a fall, the injured person may be entitled to compensation.
Boyes Turner’s serious injury specialists have helped countless clients rebuild their lives after accidents left them with permanent disability from head injury, spinal cord injury (SCI) and major trauma. Our service includes:
Our clients receive the highest standards of advice and representation and are always treated with compassion, outstanding care and understanding of the physical, emotional, psychological and financial impact that life-changing injury can have upon their lives.
We advise anyone who has suffered a serious injury in any kind of fall which was caused by somebody else’s negligence seek advice from a specialist solicitor.
Even if the injured person was partly, but not entirely, to blame, they may still be entitled to substantial compensation. Where the accident results in permanent disability, such as from injury to the brain or the spinal cord, compensation may be a lifeline to rehabilitation and financial help with the costs of care, home adaptations and other necessary equipment.
Four types of accidents involving falls often lead to injury compensation claims:
We investigate each accident thoroughly to establish who was legally responsible for our client’s injury, so that we can notify them of the claim and request immediate rehabilitation funding from their insurers.
Common causes of claims arising from serious injury from falls from heights include:
● falling from unsafe public or school buildings, such as defective windows; ● unsafe hotels or holiday facilities, such as balconies, unguarded staircases or windows; ● unsafe leisure facilities, such as cable cars or roller coasters; ● unsafe school or sporting facilities, such as climbing walls, zip wires, trampolines, or gymnasium ropes.
However, most working at heights claims arise from accidents in the construction industry, where falls account for 60% of construction-related deaths.
Examples of workplace accidents involving falling from heights which lead to serious injury compensation claims include:
According to the Health and Safety Executive (HSE), in many cases where a person falls from a height, safe access has not been provided. Working at height is dangerous. Employers and contractors must comply with a strict hierarchy of controls set out in health and safety regulations when assessing the risks, to ensure that wherever possible working from height is avoided, falls prevented or their impact is minimised if they do occur. This means that it is not enough to provide a worker with personal safety equipment, such as a harness, if other ways of doing the job, such as using extending equipment from the ground, could have avoided the need for him to work at a height at all.
According to the HSE, nearly a third of all reported workplace non-fatal injuries in 2019/2020 were from falls on the same level. Compensation claims for falls on the same level arise when serious injury is caused by accidents involving:
Slipping accidents commonly occur as a result of:
Tripping accidents are commonly caused by:
According to the HSE, falls from vehicles are the most common accidents involving workplace transport. Employers may be negligent where they failed to provide safe systems of work, appropriately secured ladders and guardrails, appropriate training, or failed to restrict vehicle access to employees who need to use them and are competent to do so.
Falls from moving vehicles also lead to serious injury in accidents on holiday, at theme-parks and sightseeing attractions and as a result of foolish behaviour.
Whatever the circumstances, specialist advice should always be sought where the fall resulted in a severe injury. As long as the employer, driver or business owner was partly responsible for the accident, we can usually secure essential rehabilitation and financial assistance for the injured victim through a compensation claim.
Examples of injury claims arising from falls from vehicles include:
Employers, contractors, owners of buildings and businesses, councils and schools all have a legal responsibility to protect employees, visitors, and the public from injury from falling objects.
Examples of accidents from falling objects which can lead to injury claims include:
Claims may be against one or more of the following:
● the injured person’s employer; ● owner/management of a business; ● owner/occupier of building or premises; ● a contractor; ● the supplier of a defective product; ● the driver of the vehicle; ● the council or local authority; ● a school.
Injury claims arising from falls or being hit by falling objects are most common in the following industries or environments:
To comply with health and safety guidelines and prevent injury, employers must:
● avoid the need for working at height unless the task cannot be safely and practicably carried out from the ground; ● prevent falls by having the work carried out at a safe place of work that is already set up; ● prevent falls by using equipment that protects all those at risk, such as guard rails on work platforms; ● prevent falls by using personal (individual) safety equipment, such as a work restraint; ● minimise the distance and impact of falls by using equipment to protect all those at risk, such as soft-landing systems or nets; ● minimise the impact of any fall by using equipment to protect the individual, such as a fall arrest system.
Employers must also reduce the risk of injury from falls by other measures, including:
The law requires employers and business owners to take effective measures to prevent anyone from being injured by falling or being hit by a falling object.
Where an employer or business owner fails to take adequate measures to protect their workers’ or visitors’ safety, and this leads to injury, the worker or visitor may be able to claim compensation.
Safety measures may include:
Employers must take measures to protect the safety of:
Falling accidents, serious injuries and their causes are often complex, involving more than one contributing mistake. Workplace accidents often arise from a combination of an unsafe environment and a co-worker’s negligence.
The injured person may be able to claim compensation, even in circumstances where they were partly to blame. Where severe injury has occurred, the injured person or their family should always seek advice from solicitors with experience of complex accident claims and of securing rehabilitation and compensation for severe injury and disability.
Injury compensation claims relating to falling accidents often arise after negligent mistakes, including:
An employer will usually be responsible for injuries caused to their employee by the negligence of other employees or co-workers, such as:
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A personal injury is an injury to the body. Sometimes the physical injury or the circumstances in which that injury was suffered also leads to a psychiatric or psychological injury.
When someone is injured as a result of another person or organisation’s breach of their duty of care (negligence), the injured person may be entitled to claim compensation for their injury and its financial consequences. The claim for compensation is made against the person or organisation that was responsible for the injury and is usually met by their insurer. The legal process of claiming compensation for injuries that are caused by negligence is known as a personal injury claim.
Boyes Turner’s personal injury team specialise in claims involving severe or catastrophic injury. Most of our clients have been injured in road traffic accidents (RTAs) and accidents at work.
For compensation claims relating to injuries which occurred in England or Wales the general rule is that court proceedings must be issued (formally started) within three years of the date of the injury. In most cases, before a claim can be issued work must be carried out to investigate the claim, notify the defendant and the insurance company against whom the claim is being made and obtain a medical report to support the claim. The sooner you contact us after an injury has occurred, the sooner we can begin to help you, and the better we can investigate and prepare your claim.
Longer time limits apply to children whose three-year time period only begins to run from the age of 18, meaning that their time limit expires when they reach the age of 21.
Time limits do not apply for those who lack mental capacity. Where an injured person’s mental capacity is uncertain, we work closely with our Court of Protection team to determine whether our client has capacity to bring their own claim. As with other claims, it is always advisable to contact us as soon as possible after the injury, to ensure that evidence can be preserved, rehabilitation started (where needed) and financial help secured via the claim.
In exceptional circumstances, the court may extend the time limit (or limitation deadline) for those including:
You can make a personal injury claim for:
Court proceedings are issued (started) in many cases but this does not mean that the case will end in a trial. There are many reasons why court proceedings might be issued:
The duration of a serious injury claim depends on the individual circumstances of the client’s case. Claims take less time to conclude if:
Claims are more complex and may take longer to resolve where:
We work hard to secure cooperation with defendant insurers, to provide immediate needs assessments and timely funded rehabilitation for our clients to maximise their recovery in the all-important period immediately following an injury. Wherever possible, we also secure interim payments to ease our clients’ financial hardship long before their claims have concluded.
By taking the time that is needed for the client’s rehabilitation and the careful assessment of their long-term needs, we can be confident that each client receives the full support and the compensation they deserve.
Compensation is carefully structured to make the best provision for the injured person’s needs. There are rules protecting compensation for children or adults who lack mental capacity. Compensation may be paid in one or more of the following ways:
If you, or someone in your family has been seriously injured in an accident that was somebody else’s fault, you may be entitled to make a claim. If this feels daunting, alongside everything else that you are coping with in the aftermath of an accident, it may help to remember that:
If you decide that you want to go ahead with making a claim, we will gather as much evidence as we can to support your claim. This evidence may include:
We will also contact the defendant and their insurers to begin working towards meeting your immediate needs and settlement of the claim.
Our personal injury lawyers are specialists in catastrophic and severe injury compensation claims. Our clients have often suffered life-changing injury resulting in permanent disability, and we aim to assist their recovery by securing funded rehabilitation, whilst supporting them in adjusting to the changes to their lives and securing compensation to meet their needs in the future.
Our clients usually have suffered one or more of the following:
If you have suffered a serious injury as a result of somebody else’s negligence (breach of their duty of care), we may be able to help you make a claim for compensation.
Depending on the circumstances of your accident and the severity of your injury, we may also be able to help you claim compensation:
The vast majority of our clients’ serious injury claims are settled without the need for a court hearing (trial). Our clients very rarely need to go to court.
Our personal injury specialists are highly experienced in investigating and assessing the strength of each client’s case. From the outset, and throughout the claim, we advise our clients clearly and honestly about their prospects of success.
We work hard to prove each client’s claim, based on evidence of the circumstances of their accident and the impact of their injury. We encourage cooperation with the defendant’s insurers and negotiate the best possible settlements for our clients. On the rare occasions when a claim cannot be settled without a court hearing, this will be because:
In the following circumstances, the law requires a judge to approve an out-of-court settlement, for the protection of those involved:
In these cases, the approval hearing will be a short hearing at which the lawyers for both parties explain the circumstances of the case and the settlement terms to the judge. In most cases, our client will be expected to be in court during the hearing, accompanied and fully supported by members of our legal team.
The amount of compensation that an injured person receives in a personal injury claim depends on a number of individual factors:
Depending on the client’s injury and the way it affects their life, their claim may include compensation for:
An interim payment is a part-payment of compensation which is paid to the injured person, in advance, whilst the claim is ongoing. We can usually secure an interim payment from the defendant’s insurer where they have admitted liability (accepted fault) for our client’s injury.
We use interim payments to help the injured person and their family, who may be suffering financial hardship as a result of the injury. Where insurers are not willing to provide Rehabilitation Code funding, we sometimes obtain interim payments to ensure that our client receives the rehabilitation, case management and therapies that they need straight away.
Interim payments may be used to meet any genuine need, but it is important that the injured person and their family understand that the sums that they have already received as interim payments are deducted from their final compensation at the end of the claim.
Depending on the client’s injury, an interim payment may help meet their needs for:
By understanding and targeting provision for our clients’ rehabilitation and other essential needs early in the claims process, we help restore our clients’ mobility, independence and ability to participate fully in family and social life, long before the claim has concluded.
When claiming for compensation, Boyes Turner will help you gain:
The easiest way to get started is to talk to one of our friendly, experienced solicitors. You can talk to us free and confidentially about your potential claim, with no obligation, by contacting us by email.
It costs nothing to talk to us to find out about making a claim. Our initial advice is free.
When you first contact us, we advise you whether we can help you make a claim. We discuss how your claim will be funded, and advise, fully and clearly, how that works and what it will mean for you.
We offer a range of funding options, but the majority of our clients’ claims are handled on a conditional fee agreement (CFA) basis, often known as ‘no win no fee’. This means that there is nothing to pay at the outset or until the claim is settled, and you receive compensation. If you win your claim, the defendant’s insurer makes a contribution towards your legal costs. You pay nothing if your claim does not succeed.
Dec 2022
May 2021
Our medical negligence and personal injury teams have been nationally recognised for over 20 years because of their expertise, empathy and commitment to securing maximum compensation for our clients.
Kim at Boyes Turner was recommended to me after I had received ineffective service from another company. From the outset, Kim has been professional, reassuring and supportive. I have always had faith in her ability to get the best outcome, not only financially, but also in helping my rehabilitation from a traumatic brain injury. She is friendly and empathetic, with unquestionable professional integrity. She was quick to grasp the important issues in my case, was meticulous in her investigating the details and analysing them, realistic in what the outcomes were likely to be and achieved a successful outcome.
I would not hesitate in recommending her and Boyes Turner.
Almost 5 years ago my sons suffered a life changing brain injury accident. A new life for everyone, so many unknowns so many difficult decisions. I met Claire and the team shortly after the accident. So many questions answered but more than that, amazing lovely people. Claire has been guiding me and the family throughout this ordeal with such compassion, there every time I needed her we couldn’t of asked for a nicer person. I have met many others with in Boyes Turner and all have been genuine lovely people, I’m now working with Ruth and Lindsay from the court of protection. Again, I can't say enough about them amazing lovely people. They truly do won't the best for my son and they did and continue to do so.
Claire is exceptionally knowledgeable in the personal injury legal domain, especially in the specific area of my injury. From our very first conversation, she was clear in explaining the potential different routes that the process could take and provided me with expectations of what I could expect along the journey. She ensured that all bases were covered, organising meetings, discussions and necessary specialist appointments, in order to bring together the case and take it forward. Claire was then able to use her extensive pool of contacts, to appoint an "area leading" barrister, to represent me. Overall, I was very pleased with appointing Claire and Boyes Turner to act as my solicitor for the legal claim that I pursued. Thank you for all of your support.
I approached Claire Roantree of Boyes Turner in regards to making a claim about a workplace burns injury. It was something that had scarred me physically and mentally and taken a huge toll on the lives of me and my family. Claire wasted no time in finding out what happened and made sure I was treated by known experts and quickly finding an answer to my burns scarring and how I could be treated to help manage my pain. Claire also helped me by appointing a psychiatrist to understand my situation and help me cope with post traumatic stress disorder. As well as taking as much stress of the claim away, she was thorough in every situation, making sure I had the best possible claim, and handled it all expertly, I am so very grateful to her and her team. They have helped guide my life back into a positive direction and I can't thank her enough!
Excellent service from Claire and her team at all times. We were kept up to date at each stage of our claim. The outcome was much better than we expected and we would not hesitate to recommend Boyes Turner to family and friends.
