A fall from height claim may be possible if you were injured because another person or organisation failed to take reasonable care for your safety. You normally need evidence of negligence, injury and resulting loss. In England and Wales, personal injury proceedings are generally subject to a three-year limitation period, although important exceptions can apply.
Falls from ladders, scaffolding, roofs and platforms can cause serious injuries. HSE’s provisional figures show that falls from height caused 31 worker deaths in Great Britain during 2025/26. That was around a quarter of all worker fatalities.
| Key question | Short answer |
|---|---|
| What counts as a fall from height? | A fall from one level to another where injury could occur |
| Who may be responsible? | An employer, occupier, contractor or another responsible party, depending on the facts |
| What must you prove? | Negligence, causation, injury and loss |
| Time limit in England and Wales | Usually three years, subject to exceptions |
| Useful evidence | Photos, CCTV, witnesses, medical records, accident reports and financial records |
| What can compensation cover? | Injury-related damages plus proven past and future financial losses |
| Can shared fault affect a claim? | Yes. Compensation can be reduced for contributory negligence |
Scope: This guide focuses mainly on personal injury claims in England and Wales. Different procedural and limitation rules can apply in Scotland and Northern Ireland.
What counts as a fall from height?
HSE defines work at height broadly. It covers work in a place where a person could fall far enough to suffer personal injury if suitable precautions were absent.
This can include falls from:
- ladders or stepladders;
- scaffolding;
- roofs or fragile surfaces;
- raised platforms or machinery;
- loading areas or unprotected edges;
- floor openings or excavations.
A worker doesn’t need to fall from a tall building before work-at-height rules become relevant. The risk created by the change in level matters.
Can you make a fall from height claim?
You may have grounds for a fall from height claim when another party owed you a duty of care, failed to take reasonable care, and caused your injury.
For workplace accidents, responsibility may rest with an employer or another business controlling the work. For accidents on property, the duties of an occupier may also need consideration. The Occupiers’ Liability Act 1957 establishes a common duty of care towards lawful visitors.
Justic’s guide to premises injury liability provides more detail where a fall happened in a shop, rented property, hotel, public venue or other property rather than during employment.
What do you need to prove?
A successful personal injury case is not based solely on the fact that an accident happened. The evidence usually needs to establish four connected points:
- A duty of care existed.
- The responsible party failed to take reasonable care.
- That failure caused or materially contributed to your injury.
- You suffered injury or financial loss as a result.
The distinction between health and safety enforcement and civil liability matters here.
Section 69 of the Enterprise and Regulatory Reform Act 2013 changed the position on civil actions for breaches of health and safety regulations. A breach of a regulation does not, by itself, automatically create a civil right of action. A claimant will normally need to establish negligence.
Safety rules can still be highly relevant when assessing whether reasonable precautions were taken.
Employer duties when work is carried out at height
The Work at Height Regulations 2005 require employers to make sure work at height is properly planned, appropriately supervised and carried out safely by competent people.
The rules also follow a clear risk-control approach. Employers should avoid work at height where it is reasonably practicable to perform the work safely another way. When work at height cannot be avoided, suitable measures should prevent falls or reduce their consequences.
Equipment selection matters too. The Regulations require employers to give collective protective measures priority over personal protection when selecting equipment for work at height.
Examples of relevant questions include:
- Was the job properly risk-assessed?
- Was suitable equipment provided?
- Was the ladder, scaffold or platform appropriate?
- Were workers trained and supervised?
- Were fragile surfaces or open edges protected?
- Was equipment inspected and maintained?
- Could the work reasonably have been performed without working at height?
The answers can help a solicitor assess whether the accident resulted from negligence.
Evidence to collect after a fall
Evidence can disappear quickly after a workplace accident. Equipment may be moved, defects repaired and CCTV recordings overwritten.
If your health allows, try to preserve:
- photographs or video of the location;
- photographs of defective equipment or missing protection;
- names and contact details of witnesses;
- the workplace accident-book entry;
- copies of relevant messages or emails;
- CCTV footage where available;
- medical records;
- photographs showing your injuries;
- wage slips and evidence of lost earnings;
- invoices and receipts for accident-related expenses.
Medical treatment also creates a contemporaneous record of your injuries. Your health should come before collecting evidence.
If another employee’s negligence contributed to an accident, the employer’s responsibility may also need to be assessed. Justic’s explanation of vicarious liability in tort gives useful background on when employers may be responsible for employee conduct.
How long do you have to start a claim?
For personal injury actions in England and Wales, section 11 of the Limitation Act 1980 generally provides a three-year period. The starting point can depend on the accident date or the claimant’s date of knowledge.
There are exceptions. Special rules can apply where the claimant is a child, lacks litigation capacity or falls within certain other categories. Courts also have limited discretion under section 33 of the Limitation Act in qualifying personal injury cases.
Don’t treat the three-year period as a target date. Evidence is often easier to obtain when a claim is investigated early.
How is compensation assessed?
There is no standard payout for falling from a ladder, scaffold or roof. Two people can suffer accidents that look similar yet have very different losses.
Compensation may take account of:
- pain, suffering and loss of amenity;
- past lost earnings;
- future loss of earnings or earning capacity;
- treatment and rehabilitation costs;
- paid or unpaid care needs;
- travel expenses;
- mobility equipment;
- housing or vehicle adaptations in serious cases;
- other reasonable losses caused by the injury.
Medical evidence is important because it records the diagnosis, prognosis and expected recovery.
Keep evidence of financial losses rather than relying on estimates. Receipts, wage records, invoices and benefit records can make claimed expenses easier to establish.
What if you were partly at fault?
Shared responsibility does not necessarily end a case.
Under the Law Reform (Contributory Negligence) Act 1945, damages can be reduced to an amount the court considers just and equitable when the claimant’s own fault contributed to the damage.
For example, there may be arguments about whether a worker ignored training or misused equipment. The employer’s own failures still need to be assessed separately.
Don’t assume an allegation of shared fault means you have no claim. Liability can depend on evidence from both sides.
What happens after a claim starts?
A solicitor will usually investigate liability, gather medical evidence, calculate losses and notify the defendant or insurer.
The Personal Injury Pre-Action Protocol encourages parties to exchange information before court proceedings. It generally gives a defendant three months to investigate and respond after acknowledging the claim.
Many disputes can be resolved without a final trial. Where responsibility or the value of the claim remains disputed, court proceedings may become necessary.
Employers carrying on businesses in Great Britain are generally required to hold insurance against liability for personal injuries suffered by employees, subject to statutory exceptions.
For wider reading on injury and liability topics, Justic’s Accidents Law section collects related legal guides.
What does No Win, No Fee mean?
Some personal injury solicitors may offer a Conditional Fee Agreement, commonly called a No Win, No Fee agreement.
If a CFA includes a success fee, personal injury rules limit the amount that can be taken from specified categories of damages. The statutory maximum is 25% of those relevant damages. Future care and future financial loss receive separate protection under the rules.
Read the funding agreement carefully. Ask what happens to legal costs, disbursements and insurance premiums if you win or lose the claim.
Practical steps after a serious fall
Your immediate medical needs come first. Once you are able to deal with the legal and practical issues, the simple sequence below can help protect useful evidence.
- Seek appropriate medical treatment.
- Report the accident under the correct workplace or premises reporting procedure.
- Photograph the location and relevant equipment if possible.
- Keep witness details and written communications.
- Save receipts, wage records and other evidence of financial loss.
- Avoid disposing of damaged personal equipment that may be relevant.
- Get legal advice early if the injury or losses are significant.
You don’t need to know the value of your case before asking a solicitor to assess it. What matters first is establishing what happened, who was responsible and what harm resulted.
Your next step
If a fall has caused more than a minor injury, preserve the evidence before memories fade or records disappear. Write down what happened, identify witnesses, save financial records and obtain appropriate medical care.
For a legal assessment, speak to a personal injury solicitor who handles workplace and serious injury claims. They can check liability, limitation and potential losses against the facts of your case.
Frequently asked questions
In England and Wales, personal injury proceedings are usually subject to a three-year limitation period. The precise starting date and any exceptions depend on the circumstances.
Potentially. The circumstances may need to be investigated to determine whether suitable equipment, planning, training and supervision were provided. HSE guidance confirms that ladders fall within work-at-height safety considerations.
No. The Regulations establish important safety duties, but a breach does not automatically establish a civil right to damages. Negligence, causation and loss still need to be addressed.
Possibly. Contributory negligence may reduce the damages rather than automatically defeating the case. The reduction depends on the claimant’s share of responsibility.
