Hit by falling objects claims
There are certain types of jobs in which there is a risk of being injured by a falling object. Whilst anyone who undertakes this type of work accepts these risks the employer has a responsibility to ensure that their employees are protected against these risks.
But if there is no protection or it is inadequate then an accident is likely to occur.
In some cases this can be fatal.
Common causes of injuries from falling objects
There are a variety of ways in which you can be injured by a falling object. These include being struck by an object which has fallen off a shelf or from an object which has been violently expelled from machinery.
Another example is being hit by a part of the environment in which you work, for example, a hazardous building. If you are working on a building site then you may be hit by falling masonry.
Building sites and warehouses are more than likely to be high risk environments for accidents from falling objects. But this type of accident can occur in any workplace such as an office.
An example of this is being struck by an object which has been carelessly left on a shelf or not correctly stowed away. This may be an item of stationery, heavy files or books or computer related equipment.
Human error happens in any environment.
If you have become injured as a result of a falling object in your workplace then you may be entitled to compensation. The onus is on proving that your employer failed to protect you against the risk of an accident.
Employer duty of care
Employers have a duty of care to their employees which includes taking precautions to minimise the risk of an injury such as this. Health and Safety guidelines should be put in place to safeguard employees and these should be accompanied by suitable training and protective clothing if necessary.
If this fails or is not implemented then a serious injury or death can occur.
The idea of being struck by a falling object may amuse some people but it is no laughing matter. Many people are seriously injured as a result of this and can suffer a life long disability. This type of accident has devastating consequences for all involved which includes the victim’s family.
Effects of an injury caused by a falling object
An injury sustained from a falling object can have a life changing effect. This applies to relatively minor injuries as well as severe or life threatening injuries.
Death as a result of being struck by a falling object is the worst case scenario. This is an extremely traumatic affair for the family and causes a great deal of emotional distress.
The family have to learn to come to terms with their loss and deal with their altered circumstances on a day to day basis.
Serious injuries mean a change to one’s lifestyle: if this has happened to you then you are faced with having to adapt to your new condition.
This may mean changing your job or having to give up work.
You may require specialist care, possibly on a 24 hour basis and additional support. You may have to take medication on a daily basis and attend a hospital –also on a regular basis. It can also mean having to use specialist aids such as a walking stick, wheelchair etc.
All of which costs time and money.
To make matters worse, if you have had to give up work then your loss of earnings will impact upon your family’s income and standard of living. This puts a strain on all of you and adds to the stress caused by your accident.
Compensation will not undo any of this but it can help. It can be used to pay for treatment and care and help you to put your life back together.
Making a claim for compensation for an injury caused by a falling object
The first step is to find a personal injury lawyer with many years of experience in handling these types of claims. Another option is a solicitor also with this type of experience.
He or she should deal with your claim with sympathy and understanding and bring their expertise to bear. They should be able to advise you about the claims process and the likely outcome of your claim.
Before they do this they will carry out an initial review of your claim, taking into account all the evidence provided. It is important to have evidence to back up your claim as the issue here is that of fault on the part of your employer.
The claims process is discussed in more detail in our making a claim for compensation section.
What is the time limit for this type of personal injury claim?
Claims for personal injury compensation are 3 years from the date of the accident or injury. However your lawyer or solicitor will be better placed to answer this question.
Personal Injury Guide
- Guide to Personal Injury
- What is personal injury?
- Types of personal injury
- Accident or negligence?
- Decisions about personal injury
- Complaint about personal injury
- Making a claim for compensation
- Personal injury claim process
- Taking legal action
- Personal injury lawyer
- Choosing a solicitor
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- Compensation payout
- Using a claims assessor
- Criminal injuries compensation authority
- Criminal compensation order
- Specialist compensation
- Financial problems from personal injury
- Support and counselling for personal injury
- What is compensation culture?
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- Personal injury FAQs
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