How to Make a Claim for a Fall at Work

Quick Summary

• A claim for a fall at work covers both slips and trips on the same level and falls from height. Both are valid if your employer failed in their duty of care
• You need to show your employer was responsible for a hazard they knew about or should have known about, and failed to address
• Evidence gathered close to the time of the accident is essential: accident book, photographs, CCTV, and medical records
• Compensation reflects the severity of your injury, from minor bruising to serious fractures and long-term disability
• Most fall at work claims are handled on no win no fee. Nothing to pay if the claim does not succeed

What types of fall at work can you claim for?

Falls at work fall into two broad categories, both of which can give rise to a compensation claim if your employer was at fault.

Slips and trips on the same level are the most common. These include slipping on wet or contaminated floors, tripping over objects left in walkways, falling on uneven or damaged surfaces, and trips caused by trailing cables or poor lighting. For a full overview of this category, see our slips guide.

Falls from height are typically more serious and are governed by the WAH Regulations 2005. These cover falls from ladders, scaffolding, platforms, mezzanine floors, roofs, loading bays, and any elevated work area. Falls from height are a leading cause of serious and fatal workplace injuries. See our height claims guide for the full framework.

In both categories, the key question is not how you fell but whether your employer took all reasonably practicable steps to prevent it.

What must you prove in a fall at work claim?

To succeed in a fall at work claim, you need to establish three things: your employer owed you a duty of care, your employer breached that duty by failing to address or prevent the hazard, and that breach caused your fall and the injuries that followed.

The duty of care is straightforward: every employer owes it to every worker from day one. The breach is where the claim is won or lost. Common employer failures include:

• Failing to clean up a spillage or display a wet floor sign promptly
• Allowing a broken or uneven floor surface to remain unrepaired
• Failing to carry out risk assessments for work at height
• Not providing appropriate edge protection, guardrails, or safety nets at elevated workplaces
• Using ladders where a more stable access method should have been provided
• Allowing walkways to be obstructed by stock, equipment, or cables
• Providing inadequate lighting in working areas or access routes

The more specific the failure and the more clearly it connects to your fall, the stronger the claim.

What evidence does a fall at work claim need?

Strong evidence makes the difference between a straightforward settlement and a disputed claim. Gather as much as possible as close to the time of the accident as you can.

Accident book entry: report to your employer and ensure the incident is recorded. Request a written copy. This establishes the date, time, and location of the fall officially.

Photographs: if you are physically able, photograph the hazard that caused your fall before it is cleaned up, repaired, or moved. A wet floor with no sign, a cracked paving slab, or an unsecured ladder photographed at the scene is far more persuasive than a description from memory.

CCTV footage: ask your employer to preserve any CCTV covering the area. Footage is often overwritten within days. Your solicitor can formally request its preservation as soon as possible.

Witness names: note the names and contact details of anyone who saw the accident or who can speak to the state of the hazard.

Medical records: attend your GP or A&E and make clear the injury was caused by a fall at work. The medical record links the injury to the incident from the outset.

Previous complaints or maintenance records: if the hazard was known about before your accident (a recurring wet floor, a reported broken step), evidence of that prior knowledge significantly strengthens a claim against your employer.

How to make a claim for a fall at work

Step 1: Report, photograph, and secure evidence immediately

Report your fall to your employer that day and request an accident book entry. Photograph the hazard and your injuries before anything is changed. Ask for CCTV to be preserved. Note witness details. The more you capture at this stage, the stronger your claim.

If your injury or the circumstances meet the RIDDOR threshold (a specified injury, or more than seven days off work), your employer must also report to the HSE. You can request a copy of any RIDDOR report.

Step 2: Get medical attention and document your losses

See your GP or attend A&E and explain the accident was at work. Keep all sicknotes, payslips, and receipts for expenses caused by the injury. Lost earnings and out-of-pocket costs form the special damages element of your claim and must be evidenced from the outset.

Step 3: Get a free assessment from a specialist solicitor

A solicitor will review the specific circumstances of your fall, assess which duty was breached and by whom, and advise on the realistic value of your claim. Most workplace claims of this type are handled on a no win no fee basis, so there is no financial risk in taking advice.

What compensation can you receive for a fall at work?

Compensation covers general damages for your injury and special damages for every financial loss.

For slips, trips, and falls on the same level, general damages range from around £1,500 for a minor soft tissue injury with full recovery to over £45,000 for serious fractures or injuries with lasting consequences.

For falls from height, which tend to cause more serious injuries, general damages range from around £3,000 upward, with severe spinal or head injuries attracting awards of £100,000 or more.

Special damages are added to this: net lost earnings from the date of injury, future earnings if the injury affects your ability to work, physiotherapy, surgery, and all out-of-pocket expenses.

Does it matter if you were partly at fault?

No, not in the way many people fear. Being partly responsible for your fall does not prevent you from making a claim. The legal principle of contributory negligence means your compensation is reduced by the proportion of fault attributed to you, but the claim can still proceed.

For example, if you slipped on a wet floor that had no warning sign, and a court found you 20% responsible for not watching where you were walking, your award would be reduced by 20%. The remaining 80% is still payable.

Your employer's failure is the primary issue. If they created or failed to remedy the hazard that caused your fall, that failure is the foundation of the claim.

Frequently asked questions

Can I claim if there was a wet floor sign but I still slipped?

Yes, in some circumstances. A wet floor sign alone does not automatically protect your employer from liability. If the wet area was unreasonably large, the sign was obscured, the floor remained wet for an excessive period, or there was no practicable alternative route, your claim may still succeed. A solicitor can assess the specific facts.

How long do I have to make a fall at work claim?

Three years from the date of your accident under the Limitation Act 1980. Do not wait. Evidence deteriorates, witnesses move on, and CCTV footage is long gone. Taking advice early protects your options.

What if I slipped because of my own footwear?

Footwear can be a factor in contributory negligence, but it rarely defeats a claim outright. If your employer required or permitted footwear that was unsuitable for the floor surface, or if the floor was so hazardous that even appropriate footwear would not have prevented a slip, liability may still rest with the employer. A solicitor can assess the specific circumstances.

Can I claim if I fell on a building site?

Yes. Falls from height on construction sites are governed by the Work at Height Regulations 2005 and the CDM Regulations 2015. The principal contractor and your direct employer both owe you a duty of care. Construction site fall claims are some of the most serious and can involve multiple liable parties.

Start your fall at work claim today

A free assessment with a specialist solicitor will tell you whether you have a valid claim and what it may be worth.

Free case assessment

Or call 01228 272395 to speak to Edward & Amaury Solicitors (SRA number: 800525). No upfront cost and nothing to pay if your claim does not succeed.

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