Am I eligible to claim for falling off a ladder in a factory? I was recently painting the walls of my workplace, when after about 10 minutes the ladder collapsed, throwing me to the ground. Thankfully I was not too high up and escaped with just a sprained ankle. Although my employer says that he is not liable for my accident and refuses to pay my medical bill, I feel as though I am eligible to claim for compensation.
You may be able to claim for falling off a ladder in a factory if you can prove that your employer was at fault for your accident. Under UK law, employers are required to exercise a duty of care toward their employees, meaning that they must take steps to ensure that their employees have a safe environment in which to work. This also means providing the correct equipment for the job, including sturdy ladders which are fit for purpose.
If you believe that the ladder which you were given to paint the walls was not fit for purpose, you may be entitled to claim compensation for a factory ladder accident. The Health and Safety at Work Act 1974 requires regular maintenance checks to be performed on all equipment and machinery that is used by employees, including ladders. If there were loose bolts in the ladder which you were using, or woodworm was present, for example, you may be entitled to claim for compensation.
While an employer must exercise a duty of care toward their employees, workers must also ensure that they take adequate care — meaning that if for example, you spotted a defect with the ladder and used it anyway, you may not be eligible to claim for ladder accident at work compensation or may have to forfeit some of your award to represent your own contribution to your injury. This is what is referred to as contributory negligence.
The Work at Height regulations, which were introduced in 2005 and amended in 2007, may also be used to add weight to your claim for falling off a ladder in a factory. The rules serve as blanket cover for all workers operating at height, whether they are painting a three-metre high wall or a tower block.
If you believe that your employer is responsible for your injury and that you are eligible to claim for compensation, you should contact an experienced personal injury claims solicitor without delay. A solicitor will be able to tell you if you are eligible to claim for falling off a ladder in a factory, will be able to walk you through the claims process and may be able to provide an estimate of how much compensation you may be entitled to.