Falls From Height at Work: Your Right to Claim Compensation

Why Falls From Height Are So Dangerous

A fall from height does not have to involve a great distance to cause life-changing injuries. Workers have suffered serious harm from falls of just a few feet. Whether it is a fall from scaffolding, a roof, a ladder, a mezzanine floor or a loading bay, the consequences can be devastating.

In Ireland, falls from height are consistently one of the most common causes of workplace fatalities and serious injuries. The Health and Safety Authority (HSA) has identified them as a top priority in construction, maintenance, agriculture and warehousing.

If you were injured in a fall from height at work, your employer may be liable for your injuries if they failed to take the proper precautions.

Common Causes of Falls From Height

Falls from height at work happen for many reasons. Most of them come down to poor planning, missing safety equipment or a lack of training. Common causes include:

• Scaffolding failures — poorly erected scaffolding, missing guardrails, unsecured boards or overloaded platforms.
• Ladder accidents — using the wrong type of ladder, placing it on uneven ground, or using a ladder when a safer method should have been provided.
• Roof work — working on fragile roofs without proper protection, missing edge protection or inadequate harness systems.
• Falls from vehicles or loads — climbing on trailers, containers or stacked pallets without proper access equipment.
• Unprotected edges and openings — missing barriers around floor openings, stairwells, loading bays or elevated platforms.
• Defective equipment — faulty harnesses, damaged platforms or poorly maintained access equipment.

The Work at Height Regulations

The Safety, Health and Welfare at Work (General Application) Regulations 2007, Part 4: Work at Height set out clear rules that every employer must follow when workers are required to work above ground level. These regulations apply to all industries, not just construction.

The key requirements include:

• Avoid work at height where possible. Employers must first consider whether the work can be done safely from the ground.
• Use the safest equipment available. Where work at height cannot be avoided, the employer must select the most suitable equipment — such as scaffolding, mobile platforms or cherry pickers — rather than relying on ladders alone.
• Provide collective protection before personal protection. Guardrails, barriers and safety nets must be considered before harnesses and personal fall-arrest systems.
• Carry out a risk assessment. Every task involving work at height must be properly assessed for risks, and control measures must be put in place before work begins.
• Ensure proper training. Workers must be trained in the safe use of access equipment, harnesses and any other systems used for working at height.
• Inspect equipment regularly. Scaffolding, ladders, platforms and fall-arrest systems must be inspected before use and at regular intervals.
• Plan for emergencies. Employers must have rescue procedures in place in case a worker falls or becomes suspended in a harness.

Ladders should only be used for work at height as a last resort, and only for short-duration, low-risk tasks. If your employer asked you to use a ladder when a safer method was available, they may have breached their legal duties.

Injuries Caused by Falls From Height

The injuries from a fall depend on the height, the surface landed on and whether any protection was in place. Common injuries include:

• Spinal cord injuries — including paralysis, disc herniation and vertebral fractures.
• Traumatic brain injuries — concussion, skull fractures and brain bleeds from impact with the ground or objects.
• Fractures — broken legs, ankles, wrists, hips, pelvis and ribs are extremely common.
• Internal organ damage — caused by the force of impact.
• Soft tissue injuries — torn ligaments, tendons and muscles, particularly in the knees, ankles and shoulders.
• Fatal injuries — falls from height remain one of the leading causes of workplace death in Ireland.

Even a fall from a relatively low height can result in permanent disability, chronic pain and long-term inability to work.

Who Is Most at Risk?

Falls from height can happen in any workplace, but certain sectors carry a higher risk:

• Construction workers — roofers, scaffolders, steel erectors and general labourers.
• Warehouse and logistics workers — working on racking, loading bays and mezzanine floors.
• Maintenance workers — carrying out repairs on buildings, equipment or signage at height.
• Agricultural workers — working on barns, silos, tractors and other farm structures.
• Telecommunications and utilities workers — working on masts, poles and elevated infrastructure.

Your Employer's Duty of Care

Under the Safety, Health and Welfare at Work Act 2005 and the Work at Height Regulations, your employer has a legal duty to:

• Assess the risks of every task involving work at height.
• Provide safe access equipment and ensure it is properly maintained.
• Provide guardrails, barriers and edge protection wherever there is a risk of falling.
• Provide personal protective equipment such as harnesses where needed.
• Train you properly in working at height and in the use of all safety equipment.
• Supervise the work to make sure safety measures are followed.

If your employer failed in any of these duties and you were injured as a result, you may be entitled to compensation.

How to Build a Strong Claim

If you have been injured in a fall from height at work, the following steps will help strengthen your claim:

1. Report the accident to your employer and make sure it is recorded in the workplace accident book.
2. Seek medical attention immediately, even if your injuries seem minor at first.
3. Take photographs of the scene, the equipment involved and any hazards such as missing guardrails or defective platforms.
4. Get witness details from any colleagues who saw the accident.
5. Keep all medical records and receipts for treatment, prescriptions and travel to appointments.
6. Record your losses — keep a note of any time off work, lost wages and how the injury has affected your daily life.
7. Contact a solicitor as soon as possible. The statute of limitations for personal injury claims in Ireland is two years from the date of the accident.

Compensation for Falls From Height

Compensation for a fall from height depends on the severity of your injuries and the impact on your life. Under the Personal Injury Guidelines, awards can range from moderate sums for soft tissue injuries and simple fractures to very substantial amounts for spinal injuries, brain injuries or permanent disability.

Your claim may include compensation for:

• Pain and suffering — both past and future.
• Lost earnings — wages you have already lost and future earning capacity.
• Medical expenses — treatment, rehabilitation, physiotherapy and any future care needs.
• Loss of amenity — the impact on your ability to enjoy daily life, hobbies and activities.

Take the Next Step

Falls from height are preventable. If your employer cut corners on safety and you paid the price, you have every right to hold them accountable. Contact Good & Murray Smith LLP for a confidential discussion about your case. We have extensive experience representing workers injured in falls from height across every sector in Ireland.