Work at height regulations
Compensation claims for accidents involving working at height
One of the most common types of accidents at work involves falls from a height. In order to reduce the number of serious injuries sustained as a result of this type of accident at work the Work at Height Regulations 2005 were brought into effect on the 6th April 2005.
The primary aim of this set of regulations is to lessen the number of accidents at work that take place when working at height, however the regulations also serve to make it easier for those suffering these types of misfortune to bring an accident claim for accident at work compensation for injuries sustained.
Please select one of the following topics for more information on these important regulations:
- Types of accident covered
- Places covered
- Who is responsible
- Work at Height Regulations - examples
- Successful injury at work cases we have dealt with
- Working at height news stories
- Compensation claims
Types of accident covered
The regulations apply to accidents that take place indoors, outdoors or underground. There is no minimum height, there just needs to be the danger of injury from falling. These will include falls from; platforms, ladders or stepladders, scaffolding and buildings. The regulations also cover these types of accidents whilst walking around a workplace and also being hit by a falling object. The do not cover however falls down a permanent set of stairs or travelling to and from work.
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Places covered
The regulations apply to any place or situation where the employee is required to work from a height, it does not have to be their usual place of work. Most workplaces are covered including offices, shops and warehouses. However shipyards and docks are not included.
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Who is responsible
Those owing a duty include:
- An employer to an employee
- An employer to a person under his control
- The self employed
- Main contractors to site contractors
- Building occupiers to those working at a height
Their responsibilities include:
- To avoid working at a height wherever possible
- To use work equipment or other measures to prevent falls where they cannot avoid work at height
- Where it is not possible to eliminate the risk of a fall to use work equipment or other measures to minimise the distance and consequences of the fall
It is the responsibility of the duty holder to assess and consider the safety of those working at a height throughout the duration of the job. They must:
- Properly plan and organise the work
- Undertake risk assessments
- Ensure all those involved in working at heights are trained and competent
- Provide and maintain proper equipment for working at height and inspect the equipment
- Specifically consider the weather conditions and if necessary postpone work
- Consider the risk from fragile surfaces and avoid them if possible
- Risk assess, provide and maintain collective and personal safety equipment
- Prevent items falling and prevent a person being hit by a falling object, if needs be, by restricting access to such an area
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Work at Height Regulations - examples
Situations where the regulations will apply include:
- A shop employee using a ladder to change a light bulb
- A building owner who engages a roofing contractor
- A person hit by a box falling from a stack
Situations where the regulation will not apply include:
- A police officer riding a horse
- An instructor of a team building climbing activity
- A fisherman falling into the hold of a boat
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Successful injury at work cases we have dealt with
Clear Answers' specialist solicitors, deal with all types of injury at work accidents, including those involving working at height. We have very many satisfied clients, due to our extensive experience in handling successful accident at work compensation claims. Please go to our Injury at Work Compensation Claims That We Have Dealt With section to read just a few examples of our successful accident compensation claims.
Alternatively you may wish to visit our News Section to view other personal injury compensation claims that Clear Answers' solicitors have been successfully involved in.
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Working at height news stories
Clear Answers injury at work solicitors deal with a large number of accident compensation claims each year. Details of some of these and other personal injury compensation claims can be found in our Personal injury news section which is updated regularly.
Below is just one example of an accident compensation claim that we successfully fought. To view the full story click on the link beneath the description.
HSE report on prosecutions following accidents at work in Great Britain
In the last three months of 2010 many companies or individuals were prosecuted by the Health and Safety Executive (HSE) for breaches of workplace regulations, and 101 of them were found guilty and fined.
Many of these successful prosecutions involved accidents at work and
many resulted in injuries to maintenance workers, or workers injured due to
faulty maintenance work.
More about HSE report on prosecutions
following accidents at work in Great Britain
Work accident compensation for worker trapped under falling objects
Our specialist work accident lawyers were able to secure a substantial sum in work accident compensation for this client, who was only in his early forties when his life was drastically changed.
Although our client’s employer, the defendant in this compensation claim, admitted liability, their insurers refused to negotiate an acceptable sum in work accident compensation. After advising our client to reject two previous offers, our work accident lawyers were forced to issue court proceedings before the other side made an offer which was a true reflection of our client’s injuries and their affects, and which he accepted.
More about Work accident compensation for worker trapped under falling objects
Work accident compensation for head injury victim
A team leader in a manufacturing environment, our client in this work accident compensation claim, had been hit on the head by a large metal object. Our client was standing at the edge of the factory floor, when the metal object fell several feet, knocking him out.
His injuries caused significant long-term problems for his employment and well-being and our specialist work accident lawyers were able to secure substantial compensation for the effects of this injury.
More about Work accident compensation for head injury victim
Work accident compensation claim for stock handler
Our client in this work accident compensation claim had suffered an injury when she slipped and fell during the course of her work. At the time of the work accident, she had been moving stock on a carousel, which required her to stand on a platform. The edge of the platform was chipped and broken and as she moved the stock around, she slipped on the edge of the platform and fell several feet to the floor below.
More about Work accident compensation claim for stock handler
Fatal work accident compensation for tanker driver
In 2007, Mr Bell, our client’s husband, was injured at work when he fell from the top of a tanker. He was required to clean the tanker but had to do so without the benefit of a gantry. The provision of a gantry is normal practice throughout the haulage industry, and would have provided Mr Bell with a solid and safe raised platform on which to stand whilst cleaning the tanker. Such a gantry was provided by the defendant following Mr Bell’s fatal accident.
More about Fatal work accident compensation for tanker driver
Health & Safety Executive - Myth about throwing sweets at pantos
The HSE issued a seasonal “Myth of the Month” to wave goodbye to 2009. Some pantomimes that took place during the Christmas period chose not to follow the long-held panto tradition of throwing out sweets to the audience.
The truth behind this particular misconception of health and safety regulations is that the risk of
serious injury by being hit by a flying object such as a sweet is incredibly low.
More about Myth about throwing sweets at pantos
Fatal accident compensation for widow
Our client’s husband was an overhead line worker. He suffered a serious accident at work when the basket in which he and 2 colleagues were travelling, detached itself and they fell from a height of approximately 20 feet onto the ground below. He was taken to hospital and underwent detailed examination, including x-ray and CT scan, but tragically died 3 weeks later.
His widow asked for our fatal injury compensation claim advice and went on to ask us to represent her in bringing a claim for accident compensation for the loss of her husband, on behalf of herself and his estate.
More about Fatal accident compensation for widow
Accident at work compensation after fall from height
Our client suffered multiple fractures affecting both arms and both legs when he fell from a height of over 15 feet onto a concrete floor. He had been carrying out a maintenance repair when the improvised platform that he had been provided with, slipped and fell to the floor below.
Our specialist accident at work lawyer brought this compensation claim on the grounds that several regulations had been breached in allowing our client to work in this manner.
More about Accident at work compensation after fall from height
Serious head and brain injury caused by falling equipment
Our client was working on a mobile platform when a heavy piece of equipment fell from above, striking him forcefully on the head. There was no warning and he had no chance to avoid the object as it fell.
The blow caused a severe head injury and he suffered extensive brain injury. This serious accident at work has left him with ongoing conditions, including epilepsy, deafness, a poor sense of balance, and other cognitive problems.
Our specialist serious injury lawyers were able to secure a substantial sum in work accident compensation. The sum reflects the extent of his injuries and the loss of income for the rest of his working life.
More about Serious head and brain injury caused by falling equipment
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Compensation claims
If you or a member of your family have a valid accident at work personal injury compensation claim and you decide to instruct Clear Answers to deal with the matter for you, we will recover our legal fees from the person responsible for your injury, ensuring that the entire procedure is cost-free for yourself. Telephone us now for some free legal advice on 0800 783 9019 or complete one of our online compensation claim forms.
Strict time limits apply for making a personal injury compensation claim, so please seek expert legal advice as soon as you think you may have a valid claim for compensation.
Please visit our section on information and advice for more details on making a personal injury compensation claim, or our gathering information and evidence for details on what to do if you are involved in an accident.
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