Falls from height, particularly from scaffolding, ladders, or raised platforms, are among the most serious workplace accidents. These incidents often result in life-changing injuries, including spinal cord damage, traumatic brain injuries, fractures, and long-term disability.
At RP Crawford Solicitors Limited, we specialise in personal injury claims for workplace accidents, ensuring victims receive the compensation they deserve. If you or a loved one has suffered a fall at work, it is essential to act quickly to gather evidence, establish liability, and obtain expert medical assessments to support your claim.
This article explains the legal test for negligence in Northern Ireland, the standard of proof in civil claims, and how we work to prove liability and quantify damages.
The Legal Test for Negligence in Workplace Accident Claims
To succeed in a workplace accident claim, the injured worker (claimant) must establish that their employer was negligent. Under Northern Ireland law, negligence is proven by satisfying the three-part test:
- Duty of Care – Employers owe employees a duty of care under the Health and Safety at Work (Northern Ireland) Order 1978 to provide a safe working environment.
- Breach of Duty – The claimant must prove that the employer failed to take reasonable steps to prevent a fall, such as:
- Failing to provide suitable fall protection (e.g., harnesses, guardrails, hard hat).
- Using defective scaffolding or failing to conduct safety inspections.
- Inadequate training or supervision of workers at height.
- You have suffered Loss/Causation (Damage Resulting from the Breach) – The breach must have directly caused the injury.
If these elements are proven, the employer is liable, and the claim moves to assessing quantum (the value of compensation).
The Standard of Proof in a Civil Court
Unlike criminal cases, where the standard is “beyond reasonable doubt”, a personal injury claim in Northern Ireland is decided on the balance of probabilities.
This means the claimant must prove that it is more likely than not that the employer’s negligence caused the fall and resulting injuries. The standard is lower than in criminal law but still requires strong evidence.
Establishing Liability: Gathering Evidence Through Discovery
Before calculating compensation, we must prove liability. This often involves obtaining:
- Health and Safety Executive (HSE) investigation reports on the accident.
- Witness statements from colleagues who saw the fall or were aware of unsafe working conditions.
- CCTV footage (if available) showing the accident.
- Accident report records from the employer.
- Safety inspection records for scaffolding and equipment.
If the employer refuses to provide these voluntarily, we apply to the court for discovery orders to obtain essential documents and records.
We also instruct expert witnesses, including:
- A Health and Safety Engineer – To assess whether the scaffolding or safety measures met legal standards.
- A Worksite Risk Assessor – To determine if the employer complied with the Work at Height Regulations (Northern Ireland) 2005.
Once liability is proven, we move to assessing damages (compensation).
Medical Evidence: Assessing the Severity of Injuries
To calculate compensation, we need detailed medical reports assessing:
- The extent of the injury (e.g., spinal fracture, brain trauma).
- Prognosis and recovery outlook (e.g., will the claimant regain mobility?).
- Impact on daily life and employment prospects.
We instruct medical experts to provide reports on the claimant’s injuries. For serious spinal injuries, this typically includes:
- Consultant Orthopaedic Surgeon – Assesses fractures and long-term spinal damage.
- Neurologist or Neurosurgeon – Evaluates nerve damage and mobility impairment.
- Pain Management Consultant – Determines chronic pain prognosis.
- Occupational Therapist – Assesses how the injury affects the claimant’s ability to work, drive, and perform daily activities.
- Psychologist/Psychiatrist – Evaluates the psychological impact, including PTSD, depression, or anxiety caused by the accident.
- Vocational Expert – Assesses whether the claimant can return to work and, if not, what alternative employment options exist.
Calculating Compensation (Quantum of Damages)
Compensation is divided into:
1. General Damages (Pain, Suffering & Loss of Amenity)
- The severity of the injury determines the amount awarded for pain and suffering.
- A serious spinal injury with permanent disability can result in damages exceeding £1 million.
2. Special Damages (Financial Losses & Expenses)
This includes:
- Loss of earnings (past and future) – If the claimant cannot return to their previous job.
- Medical expenses (rehabilitation, surgery, medication).
- Care and assistance (home adaptations, mobility aids).
- Travel costs for hospital appointments.
Future Loss: Smith v Manchester Award & Loss of Earnings
If the claimant can work but is at a disadvantage in the labour market, they may receive a Smith v Manchester award. This is a lump sum compensating for the reduced ability to find alternative employment.
For example, if a construction worker with spinal damage cannot do manual labour but can do limited desk work, they may still be at a higher risk of long-term unemployment. Courts will award additional compensation for this.
For total loss of future earnings, courts calculate:
- Annual salary before the accident.
- Expected working years remaining.
- Multiplier adjusted for life expectancy and contingencies.
A 40-year-old earning £30,000 per year with 25 working years left could claim:
- £30,000 x 25 = £750,000 (before deductions).
This is crucial in serious injury cases where the claimant cannot return to any form of employment.
Why You Need an Expert Personal Injury Solicitor
Workplace injury claims, especially those involving falls from height, require specialist legal representation to prove negligence, secure expert medical reports, and calculate compensation accurately.
At RP Crawford Solicitors Limited, we:
✔ Provide a free initial telephone consultation to assess your claim.
✔ Obtain court orders for discovery to gather evidence from employers.
✔ Instruct leading medical and engineering experts to strengthen your case.
✔ Negotiate the highest possible settlement or take the case to court if necessary.
Free Consultation – Get the Legal Advice You Need Today
If you have suffered a fall from height at work, do not delay seeking legal advice. Strict time limits apply, and early investigation strengthens your claim.
We offer a free, no-obligation consultation to:
✔ Assess your case and likelihood of success.
✔ Explain your rights and legal options.
✔ Arrange expert medical assessments and gather crucial evidence.
Contact RP Crawford Solicitors Limited today and let us fight for the compensation you deserve.
