LEGAL GUIDE · ENGLAND & WALES
Falls from height are consistently the leading cause of fatal workplace injury in England and Wales. The Health and Safety Executive (HSE) records that falls from height account for the largest single category of fatal accidents to workers each year — and many more workers suffer serious, life-changing injuries that are never fatal but affect them for the rest of their lives.
If you have been injured in a fall from height at work — whether from a ladder, scaffold, roof, mezzanine floor, or any elevated working area — your employer may have breached their legal duties under the Work at Height Regulations 2005. If they did, you are entitled to claim compensation on a No Win, No Fee basis.
Key fact: The Work at Height Regulations 2005 apply to any work where a person could fall a distance liable to cause personal injury — including falls through fragile surfaces, falls into excavations, and even falls from ground level into machinery or openings. There is no minimum height below which the Regulations cease to apply.
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Under Regulation 2 of the Work at Height Regulations 2005, work at height means work in any place — including a place at or below ground level — from which a person could fall a distance liable to cause personal injury. This definition is deliberately broad and covers a wide range of workplaces and situations:
The Work at Height Regulations 2005 impose a clear hierarchy of controls on employers and those who control workplaces. They must, in order:
The first obligation is to avoid the need for work at height altogether. If the task can be performed safely from ground level — for example, using a long-handled tool or repositioning equipment — the employer must consider this option first.
Where work at height cannot be avoided, the employer must take steps to prevent a fall occurring. This means using collective fall prevention measures first — such as scaffolding with guardrails, edge protection, or working platforms with toe boards. Personal fall protection (such as harnesses) is a secondary measure, not a first choice.
Where a fall cannot be completely prevented, the employer must put in place measures to minimise the distance and consequences — such as safety nets, airbags, or soft landing systems.
In addition, all equipment used for work at height must be appropriate, properly inspected, and maintained. Workers must be trained and competent to use it. Where pre-existing conditions (such as a fragile roof) create a risk, suitable measures must be in place before work begins.
Ladder rule: A ladder is only suitable for short-duration work (usually no more than 30 minutes in any one period) where a risk assessment confirms it is appropriate. Using a ladder as a default working platform for prolonged tasks — or where a more stable option was available — is a common breach of the Regulations.
More than one party may share liability. Your solicitor will identify all responsible parties and pursue each to ensure you receive the full compensation you deserve.
Falls from height frequently cause serious and life-changing injuries. Compensation is assessed using the Judicial College Guidelines (18th edition, April 2026):
Injury | Severity | Approximate Range |
Back injury | Moderate (lasting symptoms) | £12,510 – £38,780 |
Back injury | Severe (permanent disability) | £38,780 – £169,400+ |
Leg fracture | Moderate to serious | £27,760 – £130,930 |
Pelvis / hip fracture | Significant | £39,170 – £52,500 |
Wrist fracture — complete recovery | Minor | £3,530 – £5,870 |
Shoulder injury — serious | Surgery required | £19,200 – £48,030 |
Head / brain injury | Moderate to severe | £90,720 – £379,100+ |
Spinal cord injury — paraplegia | Severe | £219,070 – £322,060+ |
In addition, you can recover all financial losses — lost earnings (past and future), medical and rehabilitation costs, care costs, and any adaptations your home may need. For a full explanation of how compensation is calculated, see: General Damages vs Special Damages — What Is the Difference?
Three years from the date of your accident under the Limitation Act 1980. For children, three years from their 18th birthday. For full details: Personal Injury Claim Time Limits in England and Wales. For full details, see our guide: Personal Injury Claim Time Limits in England and Wales
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Yes, if your employer failed to assess whether a ladder was appropriate for the task, provided a defective ladder, or did not ensure you were adequately trained. The Work at Height Regulations 2005 require that ladders are only used where risk assessment confirms they are suitable — and only for short-duration work where more stable equipment is not reasonably practicable.
You may still have a claim. On construction sites, the principal contractor is responsible for coordinating health and safety across the site under the CDM Regulations 2015, regardless of who directly employs individual workers. The occupier of the premises may also owe a duty of care. NJS Law will identify all responsible parties on your behalf.
Contributory negligence may reduce your compensation proportionally, but it does not prevent you from claiming altogether. Courts assess the relative fault of each party. Where an employer’s overall safety systems were inadequate, a worker’s individual mistake will usually be treated as a minor contributing factor rather than the primary cause.
The scaffolding contractor may be jointly liable alongside your employer. Under PUWER 1998 and the Work at Height Regulations, whoever is responsible for inspecting and approving scaffolding for use owes a duty of care to those who use it. If defective scaffolding caused your accident, claims may be made against the erecting contractor, the inspection company, and your employer.
This article is for general information only and does not constitute legal advice. For advice on your specific circumstances, please contact NJS Law directly.
For a full overview of accident at work claims, including eligibility, time limits and the claims process, see NJS Law’s accident at work claims service page.
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