LEGAL GUIDE · ENGLAND & WALES
Falls from height are consistently the leading cause of fatal workplace injury in England and Wales. The Health and Safety Executive (HSE) records that falls from height account for the largest single category of fatal accidents to workers each year — and many more workers suffer serious, life-changing injuries that are never fatal but affect them for the rest of their lives.
If you have been injured in a fall from height at work — whether from a ladder, scaffold, roof, mezzanine floor, or any elevated working area — your employer may have breached their legal duties under the Work at Height Regulations 2005. If they did, you are entitled to claim compensation on a No Win No Fee basis.
No Win No Fee: The law limits our success fee to 25% of the compensation for pain, suffering and loss of amenity and for past financial losses, after any state benefits are repaid. Compensation for future losses is not counted. If you win, our success fee is deducted from your compensation. It is a percentage of our basic charges, and the law limits it as set out above. Any After the Event insurance premium is payable only if you win, and is never charged upfront. Your letter of engagement sets out exactly what you will pay for your type of claim, and we explain it before you sign. If you lose, you pay us nothing. This applies as long as you keep to your responsibilities under the agreement. You may have to pay costs if you end your claim early, fail to beat an offer the other side made, or a court finds your claim dishonest or exaggerated; where we have arranged After the Event insurance, it covers some of these costs if you keep to the policy's terms. See exactly what you pay.
Key fact:The Work at Height Regulations 2005 apply to any work where a person could fall a distance liable to cause personal injury — including falls through fragile surfaces, falls into excavations, and even falls from ground level into machinery or openings. There is no minimum height below which the Regulations cease to apply.
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What Does “Work at Height” Mean?
Under Regulation 2 of the Work at Height Regulations 2005, work at height means work in any place — including a place at or below ground level — from which a person could fall a distance liable to cause personal injury. This definition is deliberately broad and covers a wide range of workplaces and situations:
- Working on ladders, stepladders, and access towers
- Working on or near scaffolding
- Roof work — including on fragile roofs or through skylights
- Working on mezzanine floors, elevated platforms, or cherry pickers
- Working near unprotected edges, openings, or excavations
- Working on lorry trailers, elevated lorry beds, or dock levellers
- Warehouse and racking work at height
- Construction scaffolding, formwork, and temporary structures
What Duties Does Your Employer Have?
The Work at Height Regulations 2005 impose a clear hierarchy of controls on employers and those who control workplaces. They must, in order:
1. Avoid Work at Height Where Reasonably Practicable
The first obligation is to avoid the need for work at height altogether. If the task can be performed safely from ground level — for example, using a long-handled tool or repositioning equipment — the employer must consider this option first.
2. Prevent Falls Where Work at Height Cannot Be Avoided
Where work at height cannot be avoided, the employer must take steps to prevent a fall occurring. This means using collective fall prevention measures first — such as scaffolding with guardrails, edge protection, or working platforms with toe boards. Personal fall protection (such as harnesses) is a secondary measure, not a first choice.
3. Minimise the Consequences of a Fall
Where a fall cannot be completely prevented, the employer must put in place measures to minimise the distance and consequences — such as safety nets, airbags, or soft landing systems.
In addition, all equipment used for work at height must be appropriate, properly inspected, and maintained. Workers must be trained and competent to use it. Where pre-existing conditions (such as a fragile roof) create a risk, suitable measures must be in place before work begins.
Ladder rule:A ladder is only suitable for short-duration work (usually no more than 30 minutes in any one period) where a risk assessment confirms it is appropriate. Using a ladder as a default working platform for prolonged tasks — or where a more stable option was available — is a common breach of the Regulations.
Who Is Liable for Your Injuries?
- The principal contractor (on construction sites) — responsible for coordinating health and safety across the site under the Construction (Design and Management) Regulations 2015
- The occupier of the premises — responsible for the condition of the building or structure you were working on
- A scaffold hire company or contractor — if defective or improperly erected scaffolding caused your fall
- A maintenance contractor — if they installed, inspected, or signed off on defective equipment
More than one party may share liability. Your solicitor will identify all responsible parties and pursue each to ensure you receive the compensation the law allows for your injury and losses.
What Compensation Can You Claim?
Falls from height frequently cause serious and life-changing injuries. Compensation is assessed using the Judicial College Guidelines, 18th edition (2026):
|
Injury |
Severity |
Approximate Range |
|
Back injury |
Moderate (lasting symptoms) |
£16,520 to £51,230 |
|
Back injury |
Severe (permanent disability) |
£51,230 to £212,670 |
|
Leg fracture |
Moderate to serious |
£36,680 to £72,440 |
|
Pelvis / hip fracture |
Significant |
£16,640 to £51,750 |
|
Wrist fracture — complete recovery |
Minor |
£4,670 to £13,670 |
|
Shoulder injury — serious |
Surgery required |
£16,870 to £25,370 |
|
Head / brain injury |
Moderate to severe |
£56,890 to £533,720 |
|
Spinal cord injury — paraplegia |
Severe |
£289,420 to £375,540 |
In addition, you can recover all financial losses — lost earnings (past and future), medical and rehabilitation costs, care costs, and any adaptations your home may need. For a full explanation of how compensation is calculated, see: General Damages vs Special Damages — What Is the Difference?
What Should You Do After a Fall from Height at Work?
- Seek medical attention immediately — spinal and head injuries can have delayed symptoms. Always attend A&E after a fall from height, even if you feel relatively unharmed at the time.
- Report the accident — ensure it is recorded in the workplace accident book. If your injuries are serious (fractures, loss of consciousness, hospitalisation), your employer must also report it to the HSE under RIDDOR 2013.
- Preserve evidence — photograph the work area, the equipment involved, and your injuries. Do not allow the employer to remove or repair equipment before it has been photographed and examined.
- Note witness details — colleagues who saw what happened are valuable witnesses.
- Contact NJS Law — the sooner you instruct a solicitor, the sooner evidence can be secured.
Time Limit for Falls from Height Claims
Three years from the date of your accident under the Limitation Act 1980. For children, three years from their 18th birthday. For full details: Personal Injury Claim Time Limits in England and Wales. For full details, see our guide: Personal Injury Claim Time Limits in England and Wales
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Figures are compensation before any deductions.
Frequently Asked Questions
Can I claim if I fell from a ladder at work?
Yes, if your employer failed to assess whether a ladder was appropriate for the task, provided a defective ladder, or did not ensure you were adequately trained. The Work at Height Regulations 2005 require that ladders are only used where risk assessment confirms they are suitable — and only for short-duration work where more stable equipment is not reasonably practicable.
What if I was a subcontractor, not a direct employee?
You may still have a claim. On construction sites, the principal contractor is responsible for coordinating health and safety across the site under the CDM Regulations 2015, regardless of who directly employs individual workers. The occupier of the premises may also owe a duty of care. NJS Law will identify all responsible parties on your behalf.
What if I was partly to blame — for example, if I ignored a safety instruction?
Contributory negligence may reduce your compensation proportionally, but it does not prevent you from claiming altogether. Courts assess the relative fault of each party. Where an employer’s overall safety systems were inadequate, a worker’s individual mistake will usually be treated as a minor contributing factor rather than the primary cause.
What if the scaffolding was erected by a separate contractor?
The scaffolding contractor may be jointly liable alongside your employer. Under PUWER 1998 and the Work at Height Regulations, whoever is responsible for inspecting and approving scaffolding for use owes a duty of care to those who use it. If defective scaffolding caused your accident, claims may be made against the erecting contractor, the inspection company, and your employer.
This article is for general information only and does not constitute legal advice. For advice on your specific circumstances, please contact NJS Law directly.
For a full overview of accident at work claims, including eligibility, time limits and the claims process, see NJS Law’s accident at work claims service page.
Thinking about a claim? Read about Accident at Work Claims and how No Win No Fee works, or send us your enquiry.