Working at Height and Falls from Height: Legal Requirements, Responsibilities, and Compensation Claims
Working at height is one of the most dangerous practices undertaken by employees and the self-employed in the UK. According to the Health and Safety Executive (HSE), falls from height accounted for 35 occupational deaths in 2020/21, making up 25% of all fatal work accidents. In addition to fatalities, many workers suffer life-changing injuries such as neck or spinal damage, underscoring the serious risks involved.
With these statistics in mind, it’s critical for both employers and employees to fully understand their responsibilities and the legal requirements surrounding working at height. Whether you are working on a construction site, changing light fixtures in an office, or repairing a roof, the risks are real, and so are the legal protections in place to prevent accidents.
What Counts as Working at Height?
"Working at height," as the name suggests, encompasses any work activities carried out at height. This includes:
- Working from ladders, scaffolds, and platforms
- Working on roofs, bridges, or catwalks
- Working over tanks, pits, or other hazardous areas
However, it’s important to note that working at height is not limited to these situations. The term covers a wide range of height levels, from a worker operating hundreds of feet above the ground to someone standing on a chair to change a light bulb in an office. Even tasks at ground level or below ground (such as work in pits or wells) can be considered "working at height" if there is any risk of falling.
This broad definition highlights the importance of understanding when the proper safety protocols must be applied, regardless of the perceived risk level. It also emphasises the need for clear guidelines and proper training for all employees engaged in such work.
Employees' Responsibilities When Working at Height
Employees have significant responsibilities when working at height to ensure both their safety and the safety of others. They must:
- Adhere to Safety Protocols: Employees are required to follow all health and safety protocols set out by their employers. This includes using any provided personal protective equipment (PPE), such as harnesses, safety belts, and lifelines.
- Report Hazards: Workers should promptly report any hazards they encounter, such as unsafe equipment, unstable platforms, or risky weather conditions. Timely reporting can prevent accidents from occurring.
- Protect Colleagues: Employees must take care to safeguard their colleagues and any members of the public who may be nearby while working at height. Ensuring that ladders are secured and warning others of potential risks is crucial.
- Follow Training: It’s critical for employees to apply the training they’ve received, especially when working with ladders, scaffolds, or other equipment.
Failing to meet these responsibilities may not only endanger the individual worker but also their colleagues and others in the vicinity. Moreover, it can affect an employee's ability to claim compensation in the event of an accident. Workers need to be aware that their adherence to safety rules is crucial not just for immediate protection but also for their rights in the case of a fall.
Employer Responsibilities and the Law
Employers have extensive duties under both statutory and common law to protect their employees from the risks of working at height. According to the Work at Height Regulations 2005, employers must take all necessary steps to prevent accidents. These responsibilities include:
- Risk Assessment: Employers must conduct thorough risk assessments before any work at height takes place. This involves identifying potential hazards and implementing measures to mitigate the risks. For longer projects, ongoing risk assessments should be conducted throughout the job’s duration to ensure conditions remain safe.
- Provide Safety Equipment: Employers are required to provide the necessary safety equipment, such as harnesses, safety nets, and guardrails. This equipment must be well-maintained, regularly inspected, and provided to workers before they begin tasks that involve working at height.
- Training: Workers should not be asked to perform tasks at height unless they have been trained appropriately. Employers must ensure that staff understand how to use equipment safely and are aware of best practices for working at height.
- Supervision: Work at height should be properly planned, supervised, and executed by competent personnel. Employers must ensure that the work is carried out by trained and capable workers who understand the risks involved.
- Emergency Procedures: Employers must also have an emergency plan in place in case a worker falls or becomes trapped during work at height. This plan should include provisions for rescuing workers and providing immediate medical care.
Failure to comply with these fall from height legal requirements could lead to severe penalties for employers, including compensation claims and even criminal prosecution in the most serious cases. Ensuring the safety of employees is not only a legal obligation but also a moral one.
Ladder Safety
Ladder accidents are one of the most common causes of fall injuries. The Work at Height Regulations outline specific safety measures that must be followed when working with ladders:
- Ladders must be positioned at a 75-degree angle.
- Ladders should not be used for tasks lasting more than 30 minutes.
- Ladders must always be secured to prevent slipping or falling.
Employers must ensure that ladders are properly maintained and that workers are trained to use them correctly. It is also the responsibility of the employee to ensure they follow these guidelines.
How to Proceed After a Fall from Height at Work
If you have suffered a fall from height at work, there are several steps you should take to protect your right to compensation and ensure your safety:
- Report the Accident: Report the accident to your employer as soon as possible, and make sure that the incident is recorded in the company's accident book. This creates an official record of the event, which will be critical when making a claim.
- Seek Medical Attention: Even if your injuries seem minor, it’s important to seek medical attention. A doctor’s report will not only ensure that you receive the appropriate care but will also serve as key evidence in your compensation claim.
- Gather Evidence: If you are able, take photos of the scene where the fall occurred, any unsafe conditions, or equipment that contributed to the accident. Gather the names and contact information of any witnesses who saw the accident.
- Consult a Solicitor: Contact a personal injury solicitor who specialises in fall from height cases. They will guide you through the process of gathering evidence, proving liability, and submitting your claim. They can also offer expert advice on how to proceed after a fall from height at work, ensuring you have the best chance of receiving the compensation you deserve.
Who Can Claim Compensation for a Fall from Height?
Anyone who has sustained injuries from a fall from height that was not their fault may be entitled to compensation. This includes:
- Employees: If the accident occurred at work due to your employer's negligence, such as failing to provide safety equipment or adequate training, you can make a claim against your employer.
- Public Accidents: If the fall occurred in a public place, such as a shopping mall or hotel, due to defective safety features (e.g., broken railings), you may be able to claim against the property owner or organisation responsible for the premises.
- Product Defects: If you suffered a fall due to faulty equipment, such as a defective ladder, you may be able to claim against the product's manufacturer or supplier.
In cases of fatal accidents, family members of the deceased may also be eligible to claim compensation for lost earnings and emotional distress.
Claiming Compensation and Legal Advice
Making a claim for compensation requires proving that your injury was caused by someone else's negligence. In most cases, this will be your employer or a third party responsible for the premises or equipment. To strengthen your claim, it’s important to follow the steps outlined above, including reporting the accident, seeking medical attention, and collecting evidence.
At Thompsons Solicitors, we specialise in helping victims of falls from height receive the compensation they deserve. We operate on a No Win No Fee basis, meaning you won’t pay unless you win your case. Our team of experts is experienced in handling fall from height cases and will work with you every step of the way.
Talk to Thompsons for Legal Advice
If you have had an accident at work or in a public place, or if you are unsure whether you can make a claim, talk to Thompsons today. We will evaluate your case, explain the fall from height legal requirements, and advise you on how to proceed after a fall from height at work.
Call us today for a free, no-obligation consultation. Thompsons Solicitors are one of the most successful personal injury firms in Scotland, with a 90% success rate in our cases.
