I Fell Through A Ceiling - What Could I Claim? – Accident Claims

By Jo Anderson. Last Updated 21st August 2023. If you fell through a ceiling at work and sustained injuries, you may be eligible to claim compensation. However, to be eligible to make a personal injury claim for a workplace accident, your employer will need to be responsible for what happened.

Falling through a ceiling could cause injuries of varying severity and, in extreme cases, result in death.

Fell through ceiling accident claims guide

This guide will explain who is responsible for ensuring the safety of employees working at a height and what measures should be put in place. Furthermore, we will look at the use of a No Win No Fee solicitor and explain the personal injury claim process.

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What Is Safe Working At A Height?
Who Owes Employees A Duty Of Care?
How Could You Be Injured If You Fell Through A Ceiling?
Fell Through A Ceiling At Work – A Case Study
What Could You Claim If You Fell Through A Ceiling At Work?
No Win No Fee Claims If You Fell Through A Ceiling At Work

What Is Safe Working At A Height?

According to the Health and Safety Executive (HSE) guide to working at height, common causes of a fall accident are a fall from a ladder and a fall through a fragile roof. The sectors that may be most at risk of these types of accidents are construction and building maintenance.

Falls from a height were the cause of 8% of non-fatal injuries at work in Great Britain reported by employers under The Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 (RIDDOR) in 2020/21.

It is important that precautions are taken when working at a height. If you fell through a ceiling due to employer negligence, you may be eligible to claim compensation for your injuries.

Our team of advisors are available 24/7 to provide free legal advice at any time you need it. Therefore, if you have any questions, don’t hesitate to use the contact details provided.

What Are The Working At Height Regulations 2005?

When working at a height, your employer has a duty of care to take reasonably practicable steps to keep you safe. The Work At Height Regulations 2005 requires employers to:

Properly plan for the work at height.
Check the people planning and carrying out the work are competent.
Carry out a risk assessment.
Provide the correct work equipment.

If you fell through a ceiling because your employer did not comply with workplace health and safety legislation and you sustained injuries, you may be eligible to claim compensation. Please contact us to see if you may be eligible to claim.

Who Owes Employees A Duty Of Care?

Under the Health and Safety at Work etc. Act 1974, your employer owes you a duty of care. This means that they are responsible for taking reasonably practicable steps to ensure your safety at work.

Employees are also responsible for carrying out their tasks safely and adhering to any training they have been provided.

You may be eligible to claim compensation if you fell through the ceiling under the following circumstances:

Your employer owed you a duty of care at the time and place of the accident.
They breached their duty of care, causing you to fall from a height.
Consequently, you were injured.

Please contact us today to learn more about making a workplace injury claim.

How Could You Be Injured If You Fell Through The Ceiling?

Various ways you may be injured falling through a ceiling include:

A head injury
Facial injuries
A pelvis or hip injury
A spinal injury
Fractured arm
A broken kneecap or leg
A neck injury, such as a fractured neck

I Fell Through A Ceiling, How Long Do I Have To Claim For Injuries?

If you fell through a ceiling in an accident that was not your fault, and you’re eligible to make a personal injury claim, you need to be aware that there is a time limit in place for starting legal proceedings.

Per the Limitation Act 1980, you would typically have three years from the date of the accident to start a claim. However, there are some exceptions that might apply. For example, if a child has fallen through the ceiling in an accident, they could not make their own claim until they reach 18 years of age. From this date, they will have until their 21st birthday to start their claim. Alternatively, a litigation friend could start a claim on their behalf prior to their 18th birthday.

For those who lack the mental capacity to make their own personal injury claim, the time limit will be frozen indefinitely, and a litigation friend could act on their behalf. If they were to regain this mental capacity and a claim was not already started for them, they will have three years from the date of recovery to begin their own claim.

For more information regarding the time limits in place for personal injury claims, you can contact our friendly advisory team.

Fell Through A Ceiling At Work – A Case Study

A school was investigated by the HSE and pled guilty to breaching The Working At Heights Regulations 2005. The loft space in the school was only partially boarded. Therefore when a teaching assistant went into the loft space to look for a spare desk, they fell through the fragile ceiling. As a result, they suffered a broken back, leaving them in hospital for three weeks.

The school was fined £4,000 and ordered to pay a surcharge of £181 and £747.80 in costs.

Source link: https://press.hse.gov.uk/2022/03/01/school-fined-after-teaching-assisted-injured-in-fall-from-height/

What Could You Claim If You Fell Through A Ceiling At Work?

If you fell through a ceiling at work due to your employer’s negligence, you may be eligible to make a compensation claim for your injuries. There are two potential heads of a successful personal injury claim:

General damages – accounts for the physical and psychological pain and suffering caused by your injuries.
Special damages – accounts for certain past and future monetary losses caused by your injuries.

You can use our compensation table below as a personal injury claims calculator for one head of claim, general damages. We used the 16th edition Judicial College guidelines (JCG), updated in April 2022, as a reference. Legal professionals can use the JCG to help them when calculating settlement amounts. Please note that the amounts in the table are a guide.

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Injury	Severity	Notes on the Injury	Compensation Amounts
An Injury Resulting from Brain Damage	(a) Very Severe	The person will have little or no language function, little or no evidence of meaningful response to their environment and double incontinence. There will be a need for full-time care.	£282,010 to £403,990
An Injury Resulting from Brain Damage	(d) Less Severe	In this bracket, the person will have made a good recovery. However, all normal functions may not have been restored. The amount awarded will be affected by different factors, including the severity of the initial injury and the extent of any personality change.	£15,320 to £43,060
Neck Injury	(a)(i) Severe	The person may suffer an injury resulting in permanent spastic quadriparesis or associated with incomplete paraplegia.	In the region of £148,330
Neck Injury	(b)(ii) Moderate	As well as wrenching-type and soft tissue injuries, this bracket includes cases where a pre-existing condition has been accelerated or made worse.	£13,740 to £24,990
Leg Injury	(b)(i) Severe	The injuries in this bracket will be the most serious short of amputation.	£96,250 to £135,920
Arm Injury	(a) Severe	An injury which does not necessitate the amputation of the arm, but which is still extremely serious. The arm is not much better off than if it had been lost.	£96,160 to £130,930
Arm Injury	(c) Less Severe	The person will have suffered significant disabilities. However, a substantial degree of recovery has already taken place or is expected to take place.	£19,200 to £39,170
Pelvis and Hip Injuries	(a)(i) Severe	Extensive pelvic fractures which involve other serious injuries such as a ruptured bladder. There will be substantial residual disabilities.	£78,400 to £130,930
Pelvis and Hip Injuries	(b)(i) Moderate	Significant pelvic or hip injuries but where the person is not left with a permanent disability and the future risk is not great.	£26,590 to £39,170
Facial Injury	(b) Multiple Fractures of Facial Bones	Such injuries involve some permanent facial deformities.	£14,900 to £23,950

Special damages could also be awarded to reimburse for expenses arising from your injuries, such as loss of earnings, care costs and travel. Please note you must keep evidence of these financial losses. For example, bank records, invoices and payslips.

Please contact our team of advisors to enquire further about compensation payouts for accidents at work.

No Win No Fee Claims If You Fell Through A Ceiling At Work

You are not required to use a solicitor to make a claim. However, it could prove to be beneficial. You may be offered to enter into a No Win No Fee agreement, or more specifically, a Conditional Fee Agreement (CFA), with a solicitor. This means that you will not pay for the services of a solicitor upfront, during the case or if the case is unsuccessful.

However, on the other hand, if your claim is successful, your solicitor will take a small percentage, called a ‘success fee’, from the compensation. The law caps this amount.

If you fell through a ceiling due to your employer’s negligence, please contact Accident Claims UK today to begin a claim for your injuries. If our advisors determine your case to be eligible, they could put you in contact with one of our specialist No Win No Fee solicitors.

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