What Kind Of Falling Objects Cases May Be Claimed For?
Realistically, any incident where a falling object has caused undue personal injury or suffering which was not your fault may warrant a claim for compensation. However, by far the most common cases of workplace-related injuries are caused by some of the following examples of employer negligence, amongst many others:
- Items not stacked properly in warehouses
- Adequate safety netting missing or improperly fitted on scaffolding
- Buildings themselves being at risk of collapse
- Faults with machinery which causes parts to tear off
- A sign falling down due to improper fitting
- A box falling from a cupboard after being precariously balanced
As may be discerned, the spectrum of claim types which pertain to falling objects is broad. Again, as a general rule, if a falling object has caused you personal harm and complications through no fault of your own, a falling object personal injury claim may be considered.
Falling objects claims are not restricted to employees, however. There have been several cases in the past where members of the public were struck by falling equipment from scaffolding, or slabs from roofs which have been insufficiently fitted by workmen. These cases will also warrant a claim for compensation, as employers are legally liable for injury caused to the public by their operations.
What Responsibilities Do Employers Have?
Where there is a hazard posed by falling objects in the workplace – which should become clear when an employer performs the risk assessment that they are legally obliged to undergo – there are a number of measures which must be implemented to address the potential danger. It is firstly imperative that all employees are aware of the risk, and secondly, that measures are taken mitigate it by equipping workers with personal protective equipment when they work in areas where objects have the potential to fall. Additionally, those workers who are permitted to work at height should be extensively trained to do so, with health and safety best practice guidelines outlined for them.
To ensure the long-term safety of workers and members of the public alike, there are three main pieces of legislation which govern the construction and maintenance of scaffolding and PPE, which employers should be aware of and implement in everyday working practices.
- The Work at Height Regulations 2005 (WHR)
- The Provision and Use of Work Equipment Regulations 1998 (PUWER)
- The Personal Protective Equipment at Work Regulations 1992 (PPEW)
The Work at Height Regulations cover all work carried out where there is a risk of a worker falling and sustaining a personal injury, and dictate that the responsibility for employee safety lies almost exclusively with those who control the work being carried out – in this case, site managers.
The Provision and Use of Work Equipment Regulations 1998 (PUWER) states generally that personnel must be issued with PPE, tools and equipment that are safe to use and suitable for the task at hand – meaning head protection for workers who may be working underneath scaffolding or around others working at height, and appropriate netting on scaffolding to prevent falls occurring.
The Personal Protective Equipment at Work Regulations 1992 places more emphasis on PPE; requiring that PPE, tools and equipment are inspected and maintained to ensure suitability, and guides employers on provision of instructions for the safe use of equipment should be provided.
Employers should be familiar with all three pieces of legislation, and implement them into everyday working practice. Where they fail to do so, causing harm to an employee or a member of the public, a personal injury claim for compensation may be built.
Our Falling Objects Claims Experience
At Asons Solicitors, we understand how injuries sustained as a result of a falling object – whether in or outside the workplace – can be painful, frustrating, and even, in some cases, debilitating. From bruises and bumps to concussions and fractures, more serious circumstances have even seen individuals killed or paralysed. Whatever the injury, it is likely that time off will be needed to recover, which can result in a substantial loss of income. Victims who are employees may suffer negative psychological symptoms from being let down by their trusted employer – in additional to the natural trauma and distress that any victim would undergo. A successful falling object compensation claim can help mitigate that loss of earnings, whilst paying towards medical treatment to ensure a full and healthy recovery.
To maximise your chances of making a successful falling object compensation claim, you should speak to Asons Solicitors today. We can act on your behalf to collate the required records and evidence to substantiate your claim – all whilst providing expert support and advice, every step of the way.
We deal with falling objects claims every day, so we understand how hard it can be for sufferers to take this important and decisive step in consulting a solicitor. Nonetheless, the law protects those who come forward to claim compensation, so it is imperative that you do not fear for your job security when electing to make a claim. If an employer has been negligent in their duty to provide a safe working environment for you, or negligent working practices have caused harm to you as a member of the public, paying compensation is the lawful way for them to make amends.
We understand that being the victim of a falling object can be stressful, and that the resulting time off work and loss of income can be frustrating. No one knows this better than our expert personal injury solicitors. By speaking to us, you will be guaranteed to receive the utmost care and attention whilst we deal with your slip compensation claim.
The Health & Safety Executive (HSE) provides plenty of helpful information for both employers and victims of slipping and tripping accidents. It provides brochures and printed material for use around the work place as well as guides and checklists for ensuring employee safety. It also includes directions to other support groups that deal with specific injuries so you may find added support and information there. Shattered Lives is a foundation set up to help victims deal with workplace incidents which cause them debilitating injury.