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Injury Claim for Falling from a Tree

Is it possible to pursue an injury claim for falling from a tree if you fell while performing your job as a tree surgeon?

It may be possible for you to be able to pursue an injury claim for falling from a tree if you are able to prove that someone other than yourself was at fault for your accident. Falling from height can be a traumatic experience, and although it may be difficult to see how someone other than yourself was at fault for your fall, especially if you were alone, there may have been a person who owed you a duty of care – a responsibility to ensure that you are as safe as possible while carrying out your job. In order to pursue a claim you may have to be able to prove that this person failed in their duty of care towards you.

As you were working at the time, the person against who you are most likely able to claim compensation is your employer. Employers are legally bound to take measures to ensure that their employees are as safe as possible while at work. Their duty of care includes an obligation to carry out regular checks on equipment and employees’ workspaces to ensure that they are free of hazards, and to neutralise any hazards that are found.

UK legislation prohibits employers from providing their employees with unsuitable equipment and stipulates that employees instructed to undertake a job must have been properly trained if it requires any special skills – lifting and handling for example. If you believe that you were not provided with the proper equipment to do your job or that you did not receive proper training, you may be entitled to pursue an injury claim for falling from a tree.

Under the Work at Height Regulations 2005 employers have a duty to ensure that all measures to protect a worker at height have been taken – the definition of height is loose, and can range from someone changing a bulb in an office to washing the windows of a skyscraper. The regulations state that employers must ensure that all work at height is properly organised; that those undertaking the work are competent; that the risks from fragile surfaces are properly controlled; and that the risks of working at height are properly assessed and that the proper equipment is selected. If you believe that your employer may have violated these regulations by allowing you to work in the tree, you may be eligible to pursue compensation for a fall.

Falling from height can have serious consequences. Falls from height are the single largest cause of workplace deaths in the UK and are a leading cause of serious injury. Accident victims can suffer with long-term or permanent injuries and may need to access compensation in order to ensure that their financial future is secure.

Compensation for a fall is always best sought with the assistance of a personal injury claims solicitor. Speaking with a solicitor as soon as possible after your fall will allow you to access information about pursuing a claim for compensation, and will enable you to learn whether to qualify to claim for falling from height. Pursuing an injury claim for falling from a tree with the help is always the best option for a claimant who has recently suffered a serious fall.