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Employers' liability and a rise in fatal falls from height

View profile for David Lydon
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Working at a height is inherently dangerous; and it’s only right that employers have strict legal duties to protect their workers from the risks. But avoidable accidents involving falls from height are still taking place – it is the fifth most common cause of non-fatal injuries at work.

Employees are at risk of falling from scaffolding, large machinery, buildings under construction and warehouse platforms, and so on. Falls from a height at work are highly likely to cause serious and potentially life-changing injuries, including significant head and neck injuries, multiple fractures and internal injuries.

According to the Health and Safety Executive (HSE), 4,933 non-fatal injuries caused by falls from height were reported by employers under RIDDOR1 in the year to March 2024. A further 50 workers suffered fatal injuries (up from an average 37 fatalities a year in the previous five years).

If you or a loved one has been killed or injured after falling from a height at work, get in touch with the experienced personal injury team at mfg Solicitors about making a compensation claim.

Employers’ duties

Working at a height is unavoidable for workers on construction and building sites, and in factories and warehouses. Employers must comply with their general duties under the Health and Safety at Work etc. Act 1974, including carrying out appropriate risk assessment and implementing adequate training and supervision of workers.

In addition, employers (and those in control of the site) must comply with other relevant rules and regulations including the Work at Height Regulations 2005, and associated guidance.

Employers who breach their statutory duties are at risk of an employers’ liability claim for personal injury, as well as investigation and potential prosecution by the HSE. Recently, the HSE fined a transport company £133,000 after a worker fell from a sugar beet conveyor; and a horticultural company was ordered to pay £80,000 after an employee fell from a ladder and was seriously injured.

Employers’ liability

The majority of workplace accidents involving heights are avoidable if employers take their responsibilities seriously. If you’ve been injured and you assume you were at least partly to blame, it is important to get in touch with us – you may find out you were not to blame at all.

We will ask you for details about how the accident happened and who witnessed it. We will also ask you for any photographs and sketches of the accident site, CCTV, witness contact details and the employer’s accident log book entry. Please don’t worry, if you do not have these details as we seek to obtain these from your employer.

If your claim progresses, we will arrange for expert medical evidence which will be needed. In the event you were involved in an accident at work after falling from height, please contact us whereupon we will provide you with expert advice in relation to your claim under a no win no fee.

Please contact David Lydon at david.lydon@mfgsolicitors.com or telephone him at: 0121 236 7388