Falling Object Injury Claims

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Objects falling from height can cause severe or even fatal injury to those below. It is essential that in workplaces which involve regular work at height, the necessary safety precautions are in place to avert the risk of workers (or bystanders) being struck by a falling object. These objects can include hand held tools, equipment, materials, goods or debris, such as shards of wood. Almost any item stored or placed at height can pose a significant risk to anyone working or passing below. Construction sites, warehouses and factories are the most common scenes where these types of accidents occur. However injuries caused by objects falling from height can occur in almost any industry or workplace.

Who Is Affected By Falling Object Injuries?

For 2006/7, The Health & Safety Executive found that 21% of fatalities in the construction industry were due to workers being hit by a moving or falling object. This represented an increase from 34 deaths in the previous year to 40 deaths in 2006/7, with thousands of other workers sustaining serious injuries from falling objects over the same period. Unfortunately this upward trend in the construction industry appears set to continue, with the development of ever larger, more sophisticated equipment and tools. Certain other industries have a similarly high incidence; in the food production industry for example it is estimated that a third of the injuries to workers are caused by falling objects, such as goods falling from storage racks. Supermarket shelves stackers are particularly at risk, as is your average supermarket customer if produce has been poorly stacked. The HSE have also highlighted the risk of falling objects for workers (not including performers) in the broadcasting and entertainment industries. People who work at height in theatres and in television studios are more than likely to suffer an injury caused by a falling object at some point in their working life, especially those whose jobs involve complex prop or lighting grid work.

Typical Causes Of Falling Object Injuries

The most commonly observed injuries from falling objects in the construction industry are cuts and abrasions caused by sharp or heavy objects such as bricks, drills, saws and buckets falling from work platforms. Construction workers also suffer injuries from falling pieces of scaffolding, as well as burns sustained from spilt hazardous liquids. Moving and flying objects pose a similar risk to workers and passersby, such as nails and shards of metal. Such accidents are most often caused by poor safety procedures which fail to alert workers and others that work is going on above them. A similar lack of precautions also results in loads or equipment not being properly secured, or the appropriate personal protective equipment not being provided.

Employers Must Take Steps To Prevent Accidents At Work

Whatever industry you work in, your employer has a duty to ensure safe working at height, which includes a duty to prevent anyone below being struck by falling objects. The employer must primarily ensure that employees cannot be injured by falling objects or by themselves falling from height. Your employer will need to correctly carry out regular risk assessments of working practices to eliminate or decrease as far as practically possible the risk of objects falling from height. Where the risk remains, suitable protective equipment must be provided, and dangerous areas must be clearly marked out with security in place to stop unauthorised access. Your employers duties are set out under the following workplace regulations:

Management of Health and Safety at Work Regulations 1999
Work at Height Regulations 2005
Workplace (Health, Safety and Welfare) Regulations 1992
Personal Protective Equipment at Work Regulations 1992
The Provision and Use of Work Equipment Regulations 1998
The Construction (Design & Management) Regulations 2007

Falling Object Injury Claims And Compensation Awards

Falling object injuries normally affect the head or brain, face, back and spinal cord. Once the employer's liability is established, it is the severity of the damage done to each part of the body, and the level of medical treatment required that will determine the level of compensation awarded following a successful falling object injury claim. Bartletts Solicitors are specialists in the field of falling object injury claims. We work on a no win no fee basis meaning if you win your case your employer's insurance company will pay all of your legal fees.

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