We know that the aftermath of falling from a height can have disastrous consequences for our clients, both physically and financially. At RP Crawford Solicitors Limited we will sit down with you and work out a strategy to get you on the road to physical and financial recovery.
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Falls from heights remain one of the most significant risks in workplaces, often resulting in severe injuries or even fatalities. These accidents can happen in various settings, such as construction sites and warehouses, and typically involve:
- Scaffolding and Gantries
- Ladders
- Roofing and False Ceilings
- High-Sided Vehicles and Forklifts
- Stairs
- Machinery and Plant Equipment
- Loading Bays and Platforms
- Cherry Pickers and Cranes
- Mobile Towers
- Warehouse Racking
The repercussions of these incidents are profound, encompassing not only physical injuries like fractures, spinal damage, and head traumas but also psychological impacts, potentially leading to anxiety and PTSD. These injuries can drastically alter your life, affecting your ability to work and engage in daily activities.
Your Right to Compensation
If you’ve experienced a fall from height at your workplace, irrespective of the severity, you may be eligible to claim compensation. Our dedicated team of personal injury solicitors at RP Crawford approaches each case with the empathy, attention, and vigour necessary to secure the maximum compensation for the hardships you’ve endured due to workplace negligence.
Transparency and Communication
Our personal injury team is committed to clear and straightforward communication. At RP Crawford, we ensure that you are well-informed about your case’s progress and understand your options, all explained without legal jargon.
Employer’s Responsibility Under Northern Ireland Law
In Northern Ireland, workplace safety, especially concerning work at height, is governed by robust legislation including the Health and Safety at Work (Northern Ireland) Order 1978 and the Work at Height Regulations (Northern Ireland) 2005. These regulations require employers to:
- Conduct thorough risk assessments for tasks involving height.
- Provide suitable and well-maintained safety equipment such as scaffolding and ladders.
- Ensure all employees working at height receive adequate training.
- Establish and maintain safe working practices consistently.
If an employer does not adhere to their obligations it can lead to employer liability for any resultant injuries.
Proving Negligence
Our experienced solicitors will meticulously compile evidence showing that your injury was a direct result of your employer’s failure to comply with their legal obligations. This includes demonstrating failures in:
- Proper risk assessment and safety planning for tasks involving height.
- Supervision of high-risk activities.
- Training related to the equipment and safety practices necessary for working at height.
- Provision and upkeep of necessary safety equipment and personal protective gear.
- Implementation and adherence to established safe working procedures.
FAQs for a Fall from a Height Claim in Northern Ireland
Interim payments are partial advance payments made by insurers during a personal injury claim before the final settlement is agreed upon. These payments can be crucial for covering immediate medical costs, rehabilitation expenses, and loss of earnings, especially when recovery from injuries might take a long time. They provide financial relief and stability during the ongoing legal process.
Typically, solicitors sue employers directly in cases involving workplace injuries but employers are usually insured so the claim is then take over by the insurance company. Employers are required to have Employers’ Liability Insurance to cover such claims, which ensures that compensation is paid by the insurer, not out of the employer’s pocket directly. This approach protects both the injured party and the employer.
Vicarious liability is a legal principle where employers are held responsible for the actions or omissions of their employees that occur during their employment. In the context of falls from heights, if an employee is injured due to a coworker’s negligence (such as failing to secure safety equipment or follow safety protocols), the employer may still be liable. This principle ensures that victims have a viable means to secure compensation, as employers typically have the financial means or insurance to cover such claims.
Smith v Manchester awards are compensation payments made when an injured person’s ability to secure employment in the future has been compromised due to their injuries, but they are not currently at a financial loss (for instance, if they are still employed or on sick leave). This is particularly relevant when a person suffers a severe injury from a fall that might not immediately, but could eventually, impede their ability to work or force them into a lesser paying role.
Claims for future losses consider the long-term impacts of injuries. These include future medical care, loss of earnings, and even potential promotions or career progressions that are no longer feasible. Solicitors work to calculate these losses based on current and expected future income, the injured party’s career trajectory, and any additional costs related to the injury. This ensures that the compensation reflects not just current but also future financial impacts, securing the injured party’s financial stability.
By understanding these aspects, those injured from falls from heights can be better informed about their rights and the legal protections available to ensure they receive appropriate compensation for both immediate and long-term consequences of their injuries.
Have you suffered from a fall at work? Do you believe your employer neglected your safety? Get what you deserve. Let’s discuss how we can support your claim for compensation.
Your Accidents at Work Claim Specialists
Liam McDonald
Lucy Kelly
Gemma McCashin
Aine O’Kane