By Jo Anderson. Last Updated 25th May 2023. If you fell through a roof and suffered an injury, and this was due to third-party negligence, you could claim. This article will explain the types of injuries you could suffer and your employer’s responsibilities when working at a height. We will also explore a case study and potential compensation you could claim, as well as how our solicitors could help.
When working at a height, there is a possibility of sustaining a serious injury that could impact your daily activities. Leisure, exercise and even workability, all could be negatively impacted and have domino effects on your mental health and personal relationships.
If you intend to pursue a claim but are unsure of the next steps, our advisors are here to offer free legal guidance. If they discover you have a strong basis for a claim, they could connect you with our No Win No Fee solicitors. Get in touch today by:
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- When Could You Claim If You Fell Through A Roof?
- Types Of Injuries You Could Suffer
- What Are Employers’ Responsibilities When You’re Working At Height?
- What Can Cause You To Fall Through A Roof?
- What Could You Claim If You Fell Through A Roof?
- I Fell Through A Roof, Can I Make A No Win No Fee Claim?
There are many circumstances where you may have fallen through a roof; however, you can only claim if you can prove that an employer’s negligence led to the accident and your direct injury. Your employer owes you a duty of care: they should take reasonable steps to keep you safe in the workplace.
The Health and Safety at Work etc. Act 1974 (HASAWA) is a piece of health and safety legislation that establishes the measures an employer can take as part of their duty of care to ensure you are adequately safe. If they breach their duty of care, resulting in your, injury then you may have a strong foundation for a claim.
What Is The Time Limit For Making An Accident At Work Claim?
If you are eligible to make a personal injury claim after you fell through a roof, you will need to ensure that you start the proceedings within the relevant time limit. Under the Limitation Act 1980, you will generally have three years to start your claim from the date you fell through the roof and injured yourself.
However, there are some exceptions to this time limit. For example, the time limit is paused for claimants under the age of 18. From their 18th birthday, they will have three years to start a claim. However, before this date, a court-appointed litigation friend could make a claim on their behalf.
Furthermore, the time limit is suspended indefinitely for those who lack the mental capacity to claim for themself. During this suspension, a litigation friend could make a claim on their behalf. If a claim has not been made and they were to regain this mental capacity, they will have three years to start a claim from the date of recovery.
Contact our advisors today to see whether you are still within the time limit to start your accident at work claim.
If you fell through a roof, it could lead to many different types of injuries. The falling impact can often negatively affect your joints when bracing for impact, and you could possibly even sustain a head injury. Some examples of the injuries you could suffer include:
If you have suffered any of these injuries or similar, we urge you to seek medical treatment. Doing this can help you prioritise your wellbeing and the entry made into your medical records can be used as proof of your injuries to strengthen your claim.
We also recommend contacting our advisors as they can guide you on the next steps to take with a falling accident and can advise the next steps to take with your claim.
As part of their duty of care, an employer has a responsibility to take sensible steps to provide a workplace that is reasonably safe. As previously mentioned, HASAWA lays out the steps an employer can take, such as general housekeeping, meaning that walkways should be clear of spills and obstructions to lessen the likelihood of a slip, trip and fall accident.
However, jobs that require you to work on roofs, such as construction and roofing also have specific laws that relate to them. The Construction (Design and Management) Regulations 2015 applies to working on construction sites and states that an employer should lessen the risks that hazards pose in the workplace. This law helps by guiding employers to:
- Responsibly plan work so risks stay controlled until the task is finished
- Employ the appropriate and relevantly trained people
- Communicate the risks to employees so they can safeguard themselves
Additionally, The Work at Height Regulations 2005 establishes that employers should provide the relevant equipment where necessary. In accordance with the Personal Protective Equipment (PPE) at Work (Amendment) Regulations 2022, where necessary, employees should have access to PPE such as hard hats, carabiners harnesses, ropes and fall nets to protect them from potential dangers.
If your employer’s negligence toward health and safety regulations led to your direct injury, contact our advisors today for information about your claim.
What Are Employees’ Responsibilities When Working At Height?
Equally important as an employer’s responsibility is how an employee conducts themselves when working at a height. If you fell through a roof due to reckless behaviour and your employer has provided an adequately safe workplace then you may not have a case.
A claim can only be made when your employer breached their duty of care causing your injury, and endangering you by failing to take the responsible steps when creating a reasonably safe working environment.
There are many circumstances whereby a falling from a height accident could occur. For example, the following could be hazards that lead to an accident:
- The roof is sheeted with materials that won’t safely support your weight
- Working platforms are unsafe
- There aren’t enough platforms on the roof
- Safety nets weren’t properly installed
- There aren’t any guard rails
- The safety harnesses are substandard
Working at a height can be extremely dangerous if proper safety precautions aren’t taken. If a loved one passed away because of employer negligence, you could claim. Get in touch to find out more about fatal accident claims.
If you fell through a roof and your accident claim succeeds, you will receive general damages. The April 2022 Judicial College Guideline (JCG) outlines potential brackets of compensation amounts for general damages. General damages is compensation for the injury and any mental harm too.
The amount you could be eligible for depends on the injury inflicted and how severe it is. The below table shows possible compensation figures:
|Tetraplegia (Quadriplegia) (a)
|£324,600 to £403,990
|Where the person is not in pain and has full awareness of their disability. They have retained speech and senses, but need help with bodily functions. At the top end of the bracket, physical pain is present and senses and communication are considerably impacted.
|£219,070 to £284,260
|The awarded amount depends on pain, independence, depression, life expectancy and sexual function.
|Moderately severe brain and head injury (b)
|£219,070 to £282,010
|Severe disabilities and dependence on others. Disabilities may be physical such as paralysis, or cognitive with intellectual and personality impairments. Life expectancy may be greatly reduced.
|Moderate brain and head injury (c) (i)
|£150,110 to £219,070
|Moderate to a severe deficit in intelligence, changes to personality, and sensory and speech impairments. May have risks of epilepsy and no employability.
|Severe back injuries (a)
|£91,090 to £160,980
|The severest of injuries to the spinal cord and nerve roots cause severe pain and disability with incomplete paralysis, bladder and bowel impairment and sexual dysfunction.
|Severe neck injury (a) (i)
|In the region of £148,330
|An injury connected to incomplete paraplegia or spastic quadriparesis where there are major movement limits and severe persisting headaches.
|Severe neck injury (a) (ii)
|£65,740 to £130,930
|The injured person has major fractures or damage to cervical spine discs causing disabilities of considerable severity such as permanent brachial plexus damage and movement loss.
|Severe anxiety disorder (a)
|£59,860 to £100,670
|The injured person will suffer from permanent effects that will prevent them from working at all or anywhere close to the pre-trauma standard.
|Severe knee injury (a) (i)
|£69,730 to £96,210
|Where there has been joint disruption, osteoarthritis development, ligament damage, protracted treatment, substantial pain and function loss. Arthroplasty and arthrodesis are inevitable.
|Chest injury (g)
|Up to £3,950
|Rib fractures and soft tissue damages resulting in short-term pain and disability.
You may also be entitled to receive special damages, covering the unexpected costs collated due to your injury. There are many examples of special damages, including:
- Property adaptations (if you suffered a disability, for example)
- Childcare costs
- Loss of income and future earnings
- Travelling costs for medical appointments
For more information about the compensation amount for your fell through a roof claim, speak to our advisors today.
If you fell through a roof and were injured because of employer negligence, you may be able to claim. We urge you to get in touch with our advisors to understand the strength of your case and possibly connect with our No Win No Fee (NWNF) lawyers.
Our No Win No Fee solicitors work under a Conditional Fee Agreement (CFA). A CFA lawyer can be beneficial as their services are affordable for those wishing to pursue a claim with the help of a solicitor. Hiring a CFA lawyer has no upfront cost and you do not pay any of their legal fees if your claim fails.
A CFA lawyer will take a percentage of your compensation in exchange for their services if your claim is successful. This is called a success fee. You don’t have to pay this if the claim loses.
If you want to use our solicitors’ services, connect with our advisors today by:
Working At Height Accident Claim Guides
We have more helpful guides so you can read about personal injury claims:
- Head here to learn more about making an accident at work claim
- Click here to see more questions and answers with our accident at work FAQs
- Is it possible to sue your employer for negligence?
- How to make an inadequate personal protective equipment claim
- Will I get paid if I’m injured at work?
- Can an employee claim if they did not report an injury?
- What are the average compensation payouts for a trip at work?
- Can I claim for a back injury at work from lifting?
- I slipped on water at work – can I make a claim?
- What are examples of payouts in fork lift truck accident claims
And we have linked to other information too:
If you fell through a roof and suffered an injury due to employer negligence then get in touch with our advisors today.
Guide by JE
Edited by RV