The legal duty: Work at Height Regulations 2005
Regulation 6 of the Work at Height Regulations 2005 imposes a hierarchy of control: employers must (1) avoid work at height where reasonably practicable, (2) use a work platform with edge protection, and only then (3) rely on personal fall-protection equipment. Each step has to be justified before moving down the hierarchy. The regulations also require formal planning, supervision, competence, and inspection of equipment under regulations 4, 5 and 12.
Common causes of a fall from height claim
Unsecured ladders, scaffolding without toe boards or guard rails, fragile roof lights, removed or missing edge protection on mezzanines, untrained use of MEWPs (cherry-pickers and scissor-lifts), harness anchor points that fail, and undue pressure to finish a job without proper access equipment.
How much is a fall from height claim worth?
Damages reflect the injury — falls produce some of the most severe outcomes in personal injury work. Under the Judicial College Guidelines 17th edition selected ranges are: minor back injury £2,990 – £13,740; serious wrist £29,900 – £47,800; severe head injury £282,010 – £403,990; paraplegia £267,340 – £346,890; tetraplegia £396,140 – £493,000. Special damages — past and future earnings, care, accommodation adaptations, and rehabilitation — frequently exceed the general damages in severe cases.
Evidence to gather after a fall
Request the employer's work-at-height risk assessment and method statement. Identify the access equipment used and ask for its inspection records under regulation 12. Photograph the scene, the edge protection (or absence of it), and any defective equipment. Take witness contact details. If the fall is RIDDOR-reportable — which most workplace falls are — the HSE notification creates an independent record.
What if I was contributorily negligent?
A finding of contributory negligence reduces the award by a percentage; it does not defeat the claim. Courts are reluctant to find a worker substantially at fault where the employer failed to provide the right equipment, training or supervision. See our guide on partly-my-fault claims.
Can I claim if I fell from a ladder?
Yes, where the ladder was unsuitable, unsecured, defective, or used on uneven ground in breach of regulation 6 of the Work at Height Regulations 2005.
What if I was self-employed?
The Work at Height Regulations apply to self-employed workers in the same way. A principal contractor on a construction site also has duties under the Construction (Design and Management) Regulations 2015.
How long does a fall from height claim take?
Serious injury claims typically run 18 to 36 months because a stable medical prognosis is needed before settlement. Interim payments are routinely obtained where liability is admitted.
Browse every plain-English guide in the work accident guides hub, or read the main guide to how a claim works.
This guide is for general information only and does not constitute legal advice. Every claim turns on its own facts. For advice about your specific situation, speak to a regulated solicitor. You can find one through the Find a Solicitor service (Law Society) or through APIL.