According to the Health and Safety Executive (HSE), falls from height are one of the leading causes of serious injuries and fatal accidents in UK workplaces. Unfortunately, all too often, falls from height can lead to serious brain injuries.
As the only law firm in the UK who deal exclusively with brain injury claims, our team of highly experienced, specialist solicitors can provide the very best legal advice on a no win no fee basis.
Our specialist, bespoke services are there to help support families who have experienced a brain injury. From rehabilitation to financial support to the very best in legal representation, we are there for you every step of the way.
Below, we explain what your legal rights are if you have suffered a brain injury following a fall from height at work.
Why Choose Coulthursts?
Legal Specialists
We deal exclusively with brain injury claims.
Rehabilitation & Treatment
We pay for and arrange early treatment and support.
Financial Support
We provide financial advice and support, and ensure maximum compensation is obtained.
A Bespoke Service
We build our service around what you and your family need.
No Win No Fee
We are committed to offering a no win, no fee service.
When can I claim compensation for a brain injury after a fall from height?
If you’ve suffered a head or brain injury from a fall from height and it was caused by your employer’s negligence, you may be entitled to claim compensation.
In most cases, you have up to three years from the date of your fall to start your claim. You may even be able to claim if you were partly responsible for the fall.
Speak to our specialist brain injury solicitors today for a no-obligation consultation. We have extensive experience successfully representing those who have suffered traumatic brain injuries, skull fractures, and concussions after falls from heights in the workplace.
What are the most common accidents caused by working at height that can lead to brain injuries?
Working at height comes with considerable risk. Despite the very stringent guidelines in place, falls from height are still some of the most common causes of serious injuries in the workplace, with a number of these being injuries to the head and brain.
In our experience, falls from height resulting in brain injuries most often occur due to the following circumstances:
- Slips, trips or falls from scaffolding
- Slips or falls from an unsecured ladder
- Falls caused by using a ladder that is too short or positioned at an unsafe angle
- Falls from height due to unprotected edges due to missing or inadequate guardrails
- Falls caused by inadequate training
- Falls caused by faulty or inadequate safety equipment
- Falls through fragile roofs or false ceilings
- Falls from a mobile elevated work platform (MEWP), such as a scissor lift or cherry picker
- Falls caused by poor lighting
- Falls resulting from unsafe working conditions during adverse weather
It is a common misconception that the majority of falls from height occur in the building and construction industry among tradespeople such as scaffolders, roofers, electricians, carpenters, bricklayers, and labourers.
Falls from height can occur in any workplace environment where safety has been compromised, such as farms and agriculture, warehouses and factories, iron and steel works, and even window cleaners.
How much compensation could I receive for a brain injury caused by a fall from height?
The amount of compensation you may be able to receive for a head or brain injury caused by a fall from height will depend on how severe your injuries are and the effect they may have on your life.
Brain injury compensation payouts are calculated based on the severity of your injury, the pain and suffering you’ve experienced, and the financial impact the accident has had on your life.
This may include loss of earnings, medical expenses, rehabilitation costs, and any ongoing care or support you require.
As every claim is assessed on its own individual circumstances, there is no fixed compensation amount.
Depending on the severity of the injury, brain injury compensation payouts can range from around £2,690 for minor injuries to £493,000 for the most severe cases.
| Type of Injury | Amount of Compensation | Level of Injury |
|---|---|---|
| Very Severe Brain Injury | £344,150 – £493,000 | Vegetative or minimally conscious state. Little or no response to environment. Full-time care required. |
| Moderately Severe Brain Injury, Serious Disabilities | £267,340 – £344,150 | Serious disabilities with severe cognitive and physical impairment. Major impact on independence and life expectancy. Professional care essential. |
| Moderate Brain Injury, No Return to Work | £183,190 – £267,340 | Lasting intellectual or sensory problems and personality change with no realistic prospect of returning to work. Significant ongoing support needs. |
| Moderate Brain Injury, Some Return to Work Possible | £110,720 – £183,190 | Moderate intellectual or sensory deficits. Some ability to work, but significantly reduced. Ongoing support and rehabilitation likely required. |
| Moderate Brain Injury, Memory/Senses Affected | £52,550 – £110,720 | Problems with memory, attention, balance, or senses. Work may be possible. Risk of epilepsy may be present. Daily life impacted but independent living broadly achievable. |
| Less Severe Brain Injury | £18,700 – £52,550 | Good recovery expected, but ongoing issues may include fatigue, memory problems, or reduced concentration. Some impact on work and daily activities. |
| Minor Brain Injury | £2,690 – £15,580 | Symptoms resolve within weeks or up to two years. Covers mild head injuries or concussions with minimal or no lasting brain damage. |
The total amount of compensation you may receive is calculated by combining the amounts you may be legally entitled to for general damages and special damages.
Early Access To Rehab
Your rehabilitation starts when you need it, not months later. We don’t wait for insurer approval to get you help.
From physio and neuropsychology to home support or counselling, we act fast to arrange treatment when it makes the biggest impact. Funding is available upfront so you can focus on your recovery while we handle the legal work.
What are general damages?
General damages are awarded for pain, suffering and loss of amenity, sometimes known as PSLA. The amount of compensation you may be able to claim will relate to the physical and psychological effects of your injury, including consideration of the loss of enjoyment of life and ability to participate in day-to-day activities.
The Judicial College from the Ministry of Justice publishes guidelines for compensation amounts in relation to the severity of your injury. These guidelines are used as a reference point for accurately valuing your claim.
Our head and brain injury compensation calculator can provide further information on the level of compensation you may be able to claim for general damages.
What are special damages?
Compensation for special damages is for expenses you have incurred or any losses you’ve suffered – up until the point of settlement.
The amount of compensation for special damages you may be able to claim is particularly important for those who have suffered a severe brain injury because, unfortunately, many may need long-term, full-time medical assistance and care. In these cases, the amount of compensation you receive, including future losses, may be much larger than the compensation for general damages.
In such instances, claims for special damages could include, but may not be limited to:
- The loss of earnings to the date of settlement
- Medical expenses incurred for treatment and rehabilitation
- The cost of specialist medical equipment
- The cost of adapting your home to the injured person’s specific requirements
- The cost of full-time care,
- The cost of full-time care, if it is a family member, taking into account their loss of potential income.
Compensation is a legal right intended to put the injured person back in the position they were in before their accident.
Unfortunately, this isn’t always possible with severe brain injuries, as comprehensive long-term care is required in many cases.
Our specialist brain injury claims solicitors have extensive experience handling very high-value brain injury cases. Speak to our expert team today to understand your legal rights and how we can help support you.
Brain Injury Claims Specialists
We focus solely on brain injury claims and we have experienced senior solicitors only – no delegation to junior staff, just expert-led support throughout.
That means every expert, decision, and step we take is tailored to support your recovery and future. With deep knowledge and the right contacts, we guide your case with genuine expertise – from start to settlement.
What are future losses?
In almost all brain injury claims, you may also be entitled to claim for financial losses and ongoing care costs that are expected in the future.
This is particularly important in more severe injuries to the brain, where ongoing care, treatment, and support may be required long term or indefinitely.
Future losses can include:
- Future loss of earnings
- Ongoing care and case management
- Continuing rehabilitation and therapy
- Specialist equipment
- Adaptations to your home
- Long-term support needs
In high-value claims, future losses can form a significant proportion of the overall compensation awarded.
Our table below is an indicative example of the total amount of compensation you may be able to claim.
| Type of Injury | Compensation For General Damages | Total Compensation* | Level of Injury |
|---|---|---|---|
| Very Severe Brain Injury | £344,150 – £493,000 | £2 million – £10 million+ | Vegetative or minimally conscious state. Little or no response to environment. Full-time care required. |
| Moderately Severe Brain Injury, Serious Disabilities | £267,340 – £344,150 | £1.5 million – £5 million | Serious disabilities with severe cognitive and physical impairment. Major impact on independence and life expectancy. Professional care essential. |
| Moderate Brain Injury, No Return to Work | £183,190 – £267,340 | £750,000 – £2 million | Lasting intellectual or sensory problems and personality change with no realistic prospect of returning to work. Significant ongoing support needs. |
| Moderate Brain Injury, Some Return to Work Possible | £110,720 – £183,190 | £300,000 – £750,000 | Moderate intellectual or sensory deficits. Some ability to work, but significantly reduced. Ongoing support and rehabilitation likely required. |
| Moderate Brain Injury, Memory/Senses Affected | £52,550 – £110,720 | £150,000 – £400,000 | Problems with memory, attention, balance, or senses. Work may be possible. Risk of epilepsy may be present. Daily life impacted but independent living broadly achievable. |
| Less Severe Brain Injury | £18,700 – £52,550 | £25,000 – £100,000 | Good recovery expected, but ongoing issues may include fatigue, memory problems, or reduced concentration. Some impact on work and daily activities. |
| Minor Brain Injury | £2,690 – £15,580 | £5,000 – £25,000 | Symptoms resolve within weeks or up to two years. Covers mild head injuries or concussions with minimal or no lasting brain damage. |
*Figures shown represent typical total settlements recovered by Coulthursts Solicitors including all heads of loss (pain and suffering, past financial losses, future care, lost earnings, rehabilitation and accommodation). They are indicative only and not guaranteed. Every case is assessed individually. Not legal advice.
Better Off With Coulthursts
In a case valued at £1m you could be up to £150,000 better off using us, rather than a firm that charges the equivalent of 25% of your compensation.
This is because the maximum we charge when we win your case is typically just 10% – making sure you’re not weighed down by legal costs.
So, while some firms may look to take up to 25% of your compensation, we won’t.
And, even though we are specialists in brain injury claims, we always offer a no win no fee service.
Can I make a no win no fee claim for a brain injury at work?
Yes, you can make a compensation claim for a brain injury caused by a fall from height on a no win no fee basis.
No win no fee legal services are offered through what is known as a Conditional Fee Agreement (CFA). This agreement means there will be a fee payable only if you win the case. Additionally, we provide an After the Event (ATE) insurance policy that protects you in the rare instance the claim is unsuccessful.
Even though we are specialists in brain injury claims, we always provide our legal expertise on a no win no fee basis. While some firms may charge up to 25% of the total compensation recovered, we typically charge only 10%.
In most brain injury compensation claims, because of the severity of the injuries, the compensation is split 25/75, with 25% for pain and suffering, loss of amenity (PSLA), and any past losses. The bulk of the compensation (75%) is for future losses and any care and support you might need.
Other firms may look to recoup any unrecovered legal costs from your compensation to try and get closer to that overall 25% deduction. We typically cap our fees at 10% of your total compensation.
What does this mean?
In a case valued at £1m, you could be up to £150,000 better off using us, over a firm that charges the equivalent of 25% of your compensation.
These examples show what the deductions could be with a law firm under the terms of a standard no win no fee agreement versus our Coulthursts agreement, which typically caps the deductions at 10%.
There are no upfront costs associated with making a no win no fee brain injury claim and, unlike many other law firms, we can fund rehabilitation costs up front – to prevent delays to your treatment.
| Compensation amount | Your compensation if you had to pay 25% to another firm | Your compensation after 10% legal fees with Coulthursts | Your total saving using Coulthursts |
|---|---|---|---|
| £500,000 | £375,000 | £450,000 | +£75,000 |
| £750,000 | £562,500 | £675,000 | +£112,500 |
| £1m | £750,000 | £900,000 | +£150,000 |
Low Caseload, Full Focus
With ultra-low caseloads, typically around just five cases each, our solicitors have more time to work closely with you. You’re never just a file.
We build strong relationships, understand your needs in detail, and move things forward quickly—helping you feel fully supported and confident throughout the legal process.
How long do I have to start my claim?
In most cases, you have three years from the date of your fall, or from the date your brain injury was diagnosed, to start a compensation claim. This time limit is set out under the Limitation Act 1980.
There are some exceptions. If the injured person lacks the mental capacity to make a claim, the three-year time limit does not apply.
Instead, the limitation period will only begin if they regain mental capacity or when someone is legally appointed to act on their behalf.
Brain injury claims can be legally and medically complex, so we advise beginning the claims process as soon as possible. Starting early gives your solicitor the best opportunity to gather evidence, obtain medical reports and build the strongest possible case on your behalf.
What are my employer’s legal responsibilities to keep me safe at work?
Employers have a legal duty to provide a safe working environment and take reasonable steps to protect employees from harm. This duty is particularly important where work at height is involved.
Key health and safety legislation includes the Health and Safety at Work etc. Act 1974, the Management of Health and Safety at Work Regulations 1999, and the Work at Height Regulations 2005.
To meet their legal responsibilities, your employer should:
- Provide appropriate health and safety training, including training for working at height where required
- Carry out regular risk assessments and eliminate or reduce hazards wherever possible
- Provide suitable personal protective equipment (PPE) and safety equipment where necessary
- Ensure all work equipment is properly maintained, inspected and safe to use
- Keep the workplace clean, organised and free from unnecessary hazards
- Display clear warning signs where risks cannot be avoided
- Provide safe access and suitable working platforms for employees working at height
If your employer fails to meet their duty of care and their negligence results in you suffering a head or brain injury from a fall, you may be entitled to claim compensation.
Support Beyond The Claim
Many of our clients come through recommendations from doctors, brain injury specialists, clinicians, rehabilitation providers, barristers, or charities who’ve seen our work first-hand.
But we go beyond legal advice. We also help with things like benefit forms, chasing insurers, cancelling fines, and cutting through admin. It’s all part of our client-first approach and supporting you in ways other firms simply don’t.
What evidence do I need to start a claim after a fall from height?
To make a successful compensation claim for a head or brain injury caused by a fall from height, you’ll need to show that your employer’s negligence was responsible for the accident and your injuries.
Our solicitors will discuss with you the circumstances of your accident and identify the evidence available to support your claim. This may include:
- Details of when, where and how the accident happened
- Information about who you believe was responsible for the accident
- A copy of the accident report recorded in your employer’s accident book
- Witness statements from colleagues or anyone else who saw the accident
- Photographs or video footage of the accident scene, including CCTV footage where available
- Workplace health and safety records, or evidence that risk assessments were not carried out or equipment was inadequately maintained
- Your medical records and details of the treatment you may have received
- Evidence of any financial losses, including loss of earnings, medical expenses or rehabilitation costs
Don’t worry if you don’t have all of this information. Our solicitors have many years of experience compiling evidence for cases just like yours.
Once we know the details of the case, we can move quickly to help assist you as much as possible, including arranging the right medical investigations and setting up early rehabilitation, ensuring you have the best possible start to recovery.
How long does a brain injury at work claim take?
The length of time your claim may take to settle will depend on how complex the claim is.
Brain injury claims are typically complex for several reasons, including the time required to gather all necessary evidence and, in some cases, to fully understand the long-term impact of the injury.
Frequently asked questions about brain injuries after a fall from height
What are the Work at Height Regulations 2005?
The Work at Height Regulations 2005 (WAHR) are UK health and safety regulations designed to reduce the risk of falls while working from height.
The regulations place a legal duty on employers to ensure that work at height is properly planned, appropriately supervised, and carried out by trained workers using suitable equipment.
One of the key principles of the regulations is that employers must take steps to prevent falls wherever possible, rather than relying solely on equipment designed to reduce the severity of an injury after a fall.
This means employers should prioritise collective safety measures, such as guardrails, scaffolding and safe working platforms, before using personal protective equipment (PPE) such as safety harnesses.
The regulations also require employers to assess and control risks associated with fragile surfaces, falling objects, adverse weather conditions and defective equipment.
If your employer failed to comply with these regulations and you suffered a head or brain injury as a result of a fall from height, you may be entitled to claim compensation.
What are the key requirements of the Work at Height Regulations?
The Work at Height Regulations 2005 place a number of legal responsibilities on employers to help prevent falls and protect workers. Under the regulations, employers must ensure that:
Work at height is properly planned and organised
Every task should be carefully planned, risk-assessed and carried out under appropriate supervision.
Only competent people carry out work at height
Employees must have the necessary skills, knowledge, experience and training to perform the work safely.
Risks are assessed and controlled
Employers must identify potential hazards and take reasonable steps to eliminate or minimise the risk of falls. Collective safety measures, such as guardrails and scaffolding, should be prioritised over personal protective equipment wherever possible.
Suitable equipment is provided and maintained
Ladders, scaffolding, mobile elevated work platforms (MEWPs), harnesses and other equipment must be suitable for the task, regularly inspected and kept in a safe condition.
Fragile surfaces are managed safely
Employers must identify fragile roofs, skylights and other vulnerable surfaces and put suitable control measures in place to prevent falls.
Falling objects are prevented
Appropriate precautions must be taken to stop tools, materials and equipment from falling and injuring people below.
Weather conditions are considered
Outdoor work at height should only be carried out when weather conditions allow it to be completed safely.
If an employer fails to meet these legal requirements and a worker suffers a fall from height as a result, they may be liable for any injuries caused by their negligence.
Can I be sacked if I make a claim against my employer?
No, your employer cannot sack you or treat you unfairly if you make a claim against them. If your employer were to try to fire you or punish you, you would be protected under a number of UK employment laws. For example, if you were sacked, you would have a right to raise an unfair dismissal claim.
Can I claim if I am self-employed or I am on a zero-hours contract?
Yes, your legal rights are the same as those of an employed person. The Health and Safety at Work Act 1974 protects all individuals in the workplace by placing a duty of care on those in control of work premises to ensure a safe working environment.
For more information about claiming compensation for a brain injury, our frequently asked questions explain every step of the process, including who will handle your claim, whether you’ll need a medical examination, if you’ll need to attend court, and the options for claiming on behalf of someone else.
Alternatively, if you prefer, please do not hesitate to contact us to discuss your claim with a member of our specialist legal team. We understand how much a brain injury can affect not only those injured but also the family around them. We are here to support you as much as we possibly can.
Contact us for a free consultation
We are happy to meet individuals and their families to explain how we work and whether our service may be suitable for you. This is always at no cost and with no obligation.