Ladder Accident Claim
Make a claim for falling from heights
Falls from height can lead to life-changing injuries. Osbornes law serious injury lawyers specialise in head and spinal injuries. We have over 45 years experience in helping our clients bring and win claims for compensation. Our lawyers focus on achieving the best medical, care and financial award,
Sophie Davies Partner
Falls from height remain the most likely cause of death in the workplace and one of the main causes of serious injury. By 2006 the problem had become so great that the government introduced new regulations to improve worker safety.
Work at Height Regulations
The Work at Height (amended) Regulations 2007 apply to all work where there is a risk of a person at work falling from a height, not just on construction sites but also in offices shops and other workplaces.
The regulations are widely drawn so that any work at height has to be assessed and if possible avoided; if it cannot be avoided then efforts must be put in place to minimise the risk. These efforts may include the use of safety equipment to prevent a fall or minimise the distance involved, or a proper documented procedure and proper training so that workers understand and can deal with any particular risks from the task they are carrying out. That safety equipment has to be inspected, maintained and repaired and the workers have to be trained in its proper use.
Practical measures may include grab and guard rails, toe holds, harnesses and netting, working platforms and hard hats.
The regulations also cover the use of ladders at work. Ladders are a the cause of many accidents at work, and of the 6000 significant and major accidents reported to the Health & Safety Executive every year over 1000 involve the use of a ladder.
Use of ladders in the work place
Ladders are a popular piece of equipment at work with employers because they are a cheap means of access – they do not cost much and can be used by one person without assistance. This means they can be used in situations where they are not up to the job.
They should only be used for jobs and on sites where an assessment has been carried out to make sure that scaffolding or a mobile platform should not be used instead. They should be ‘footed’ by a second person and safely tied and secured at the top. But these safety measures make them more expensive and less flexible, so workers are often sent out on jobs with just a job sheet and a standard sized ladder.
Unsurprisingly the ladder will sometimes slip away from beneath because it is not secured at the bottom, or it may fall sideways because it was not secured at the top.
Another particular risk involves working on roofs. Sometimes the surface of the roof is fragile and unsafe. There may be a skylight window that it is easy to step through. In these cases the injuries are almost always severe, and can involve head and spinal injuries as well as multiple fractures, but they are also usually preventable: a proper risk assessment will ensure that the strength of the roof is tested and weak areas cordoned off with barriers. Skylights should always have barriers around them which are clearly marked.
Specialist compensation claims advice
At Osbornes Solicitors we have dealt with many cases of workers falling from or through the roof of buildings because their employers did not take the elementary steps necessary to prevent accidents at work.
In one case, our client, a Lithuanian scaffolding assistant, was required to work on a roof of a building. Ironically he was erecting a safety rail around the edge of the roof, when he stepped onto an unprotected skylight, falling through onto a concrete floor some 10 feet below.
In a similar claim Mr M, a 30 year old labourer, fell through a glass atrium on the roof of the building where he was working, and landed on his feet, sustaining serious (‘trimalleolar’) fractures of the ankle. Because the fractures extended through the joints of the ankle it caused osteoarthritis and M was disabled by pain so that he was unable to work for many months. As the arthritic disease progressed his mobility deteriorated so that after two years he required surgery to fuse the ankle joint. This improved the pain but did nothing for his mobility. He was then unable to work in heavy manual work that involved standing for long periods on walking along uneven ground, and so he retrained for less physical, but less well paid work.
Mr M was self employed and had a patchy work history so there was a negotiation over his level of earnings and his future earnings differential.
That case settled after court proceedings for £75,000, to reflect the seriousness of the injury and the effect it had in the claimant’s employment prospects.
Recent case studies
1. We acted for Mr M, a Polish scaffolder living in Camden. He was sent on a job where he was required to climb from one platform to another on the side of a building by way of a ladder. The ladder had been put in place by a colleague. It was leaning at an angle into the building but it had not been tied at the top, and so as Mr M climbed up to the top it fell away from the side of the building and he fell two floors to the ground below.
Mr M sustained fractures to both legs, including a pylon fracture (multiple breaks along the shin bones). He required metal plating and whilst the fractures healed he was no longer able to work in that occupation. He recovered six figures in damages and used the money to set up in a new career as a restaurant owner.
2. Mr O was a labourer and handyman. His job involved some painting and decorating and maintenance work onsite for a client. His employer assessed the job and priced it on site, before giving Mr O a job sheet. Mr O had access to the client’s tools and materials and needed to use one of his ladders to access an elevated pedestrian walkway from the ground below. He had nobody to hold the ladder at the bottom, even though the ground surface was smooth, and no means of fixing it at the top.
His employer knew that the job required Mr O to work at height but provided no equipment at all and failed to come up with any safe way of doing the job.
Mr O was working near the top of the ladder when, as he adjusted position slightly, it suddenly slipped away at the bottom and he fell about 8 feet to the ground. He broke his hip and wrist and suffered a lot of soft tissue damage which took many months to heal.
The employer’s insurers defended the claim initially but finally gave in to prevent the case going to court, and they paid over £30,000 to settle the claim for Mr O’s injuries, loss of earnings care and expenses, together with all the legal costs.
If you work or worked in construction and experienced an injury after falling from a ladder or from a height, contact our specialist team of lawyers who can advise you on whether or not you are eligible to make a claim for accident compensation.
"Osbornes always provides work of excellent quality and the advice is sound."
"The firm has the ability to handle the most sophisticated and complex matters."
"Osbornes is always client-focused and works tirelessly to obtain the best outcomes."
'The team deals with multi-million pound, often multifaceted claims, involving such factors as severe brain, psychiatric, gynaecological and spinal injury, major trauma, amputation and fatality.'
"They are a boutique firm with highly experienced partners who are well-respected in the industry."
"The team at Osbornes deals with catastrophic injury claims with the same professionalism as the largest firms, but provides a much more client-focused experience."
"A really first-rate team, well capable of dealing with the most serious and complex injuries."
"This team has carved out an exceptional reputation in catastrophic injury work."
"Osbornes has impressed me with their personal touch for clients whilst offering a first-class handling of catastrophic injury claims. The partners all have vast experience and are highly respected in their field."
"This is a really excellent personal injury team that can be regarded as one of the major players in the London claimant personal injury market."
"Osbornes have managed to recruit a team of outstanding catastrophic injury lawyers who are at the top of the game."
"They punch well above their weight. The quality of service they provide equals that of any of the larger top-name firms in this area"
Ben Posford is fiercely bright, with an unrivalled passion for his clients’ cases. His encyclopaedic knowledge of all things PI is second to none. His foresight and commercial nous have propelled Osbornes into the highest echelons of the market where they rightly belong.
The firm has an excellent and innovative line in cases involving non-English speaking claimants, managed by recruiting paralegals with multi-language skills – an impressive route for expansion of the caseload.
Great expanding team with expertise and respect in the sector. Led by a commercially savvy and business minded team.
A really excellent group of PI solicitors, notable for their individual quality.’
A niche firm that punches well above its weight in the catastrophic injury sector, borne out by the quality of work they obtain.
This combination of experience and diligence reaps massive rewards for clients, Osbornes being well known in the industry as a fantastic firm.
The Osbornes personal injury team now comprises some of the most technically adept and hard hitting lawyers in the business.
Ben Posford is one of London’s best catastrophic injury lawyers, in my view. He is a real brain injury specialist.
Excellent coverage of personal injury, and traumatic brain injury. There is a real specialism in claimants who do not speak English as a first language.
The group is noted for its expertise in matters relating to cycling injuries, and is the official legal partner of the London Cycling Campaign charity.
To complement its strong reputation for high-value and complex personal injury work, the firm continues to develop its 'excellent and innovative line in cases involving non-English speaking claimants'
"Osbornes comprises some of the most technically adept and hard hitting lawyers in the business"
"A small but high-powered team, dealing with cases of significant value and complexity."
"An excellent firm which achieves fantastic outcomes for clients."
"Osbornes Law have captured the magic of keeping the customer service levels of a smaller firm whilst having all the expertise and power of the biggest firms."
"A superb boutique catastrophic injury firm."
"Really good at dealing with people who have suffered a serious injury."
"Affable and charming with very good client-handling skills."
"superb firm with consummate professionals and a human touch."
Osbornes now has a team of highly experienced personal injury lawyers; particularly strong on high-value quantum cases, workplace accidents and claims involving foreign workers injured in the UK.
The team provides fantastic strength-in-depth for personal injury claims. It is also particularly well placed to service clients from Eastern Europe with specialist native language speakers. From the smallest case to a multimillion-pound spinal injury case, Osbornes has the right staff to manage every claim.
Ben Posford remains pre-eminent in his field with expert understanding of litigating cases of the upmost severity. His experience builds on Stuart Kightley’s running of the firm with recent partner additions of Rob Aylott making a fantastic addition.
A firm going from strength-to strength-which retains its client care whilst being able to offer a full personal injury service.
Beneath Ben Posford’s calm and reassuring presence, which clients love, lies a formidable tactical and legal brain. His experience tells and he gets it right at every stage of the process from arranging the best possible rehabilitation, to ensuring, so far as possible, a polite relationship with those acting for the defendant in order to ensure best and early resolution of the claim.
"Clients say he is very impressive, in terms of both his experience and his management of the personal injury team."
"They have an expanding profile in personal injury and clinical negligence and offer a superb, broad service in accidents abroad, enabled by their recruitment of bilingual legal executives who can guide non-English speakers through complex litigation."
"Solid personal injury practice well equipped to advise on high-value and high-profile claims arising from fatalities and severe head and spinal injuries."
"Offers specialist expertise in cycling-related injury claims."
"Offers specialist expertise in cauda equina syndrome cases."
"An exceptional outfit. They take on difficult cases, fight hard and win."
"Stuart Kightley is an incredibly empathetic solicitor who is very knowledgeable about traumatic brain injury."
"Stuart is also very experienced in advising on fatal accidents and workplace accidents."
"They are an outstanding firm to work with. They are consistently impressive in their work."
"Osbornes has a growing influence and impressive work load and is gaining a reputation for handling complex catastrophic work."
"Osbornes often handles claims valued at over £1m, particularly relating to severe brain and spinal cord injuries and niche areas such as cauda equina syndrome and cycling accidents."
"The hard-working, thorough and committed Robert Aylott, who brings significant heavyweight personal injury experience."
"Key team members include the energetic and personable Stuart Kightley who is head of the personal injury department."
"Catastrophic injury cases head Ben Posford is an excellent practical litigator who offers exceptional service."
Thank you for the hard work and patience and for being so patient with my constant questions.
"I have found Osbornes to be thorough, clear and understanding from the initial call. They do exactly what they say they will and with passion! I would recommend them to anyone".
Very good efficient service. Would not hesitate to use again.
I will use Osbornes for any future needs.
I don't think I could have asked for anything more. One of the best dealings I've had with the legal profession.
Sam was excellent and very professional in dealing with our claim.
Head of the personal injury department, Stuart Kightley is a first-rate practitioner, wholly focused on getting his client the best outcome in a pragmatic, sensible and consensual manner.
As a real specialist in spinal cord injuries, Ben Posford is always looking at new angles on how to maximise his cases.
Ben Posford is one of the best catastrophic injury lawyers around.
They provide exceptional service, great knowledge and understanding of the law, excellent client care and tactical nous
Stuart Kightley is praised for his expertise in catastrophic and fatal claims. Clients say he is very impressive, in terms of both his experience and his management of the personal injury team.
My claim was dealt with efficiently and professionally. Communication was excellent, and timely. Shrewd and sound advice was provided at every stage of the claim from beginning through to completion. On the basis of my personal experience I would strongly recommend Osbornes.
I just wish to thank you for your hard work and successful outcome. I am pleased with the result and would recommend you and your firm to anyone in the future.
Ben Posford … is ‘tactically astute’ and ‘one of the best personal injury solicitors around’.
Ben Posford ‘knows how to maximise the value of the claim for his clients’.
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Rob Aylott Partner
Sam Collard Partner
Sophie Davies Partner
Nicola Hall Associate Solicitor
Andrew Middlehurst Associate Solicitor
Laura Swaine Associate Solicitor
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