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Bakery Fined After Worker Fractures Hip in Fall from Height

A bakery company has been fined after an employee fractured their hip while disposing of food waste into a skip. 

Greenhalgh’s Craft Bakery Limited has been fined after a worker was seriously injured at its site in Lostock, Bolton. The incident happened on 15 April 2024, when the employee fell from a large plastic pallet box while working at height

The worker had been standing on the pallet box to dispose of food waste into the top of a skip when they fell and suffered a fractured hip. 

Falls from height do not happen only on construction sites, roofs or scaffolding, but  can also happen in everyday workplace settings where employees are expected to reach, climb or access equipment without proper systems in place. Indeed, current legislation does not define a minimum distance a person has to fall for it to be considered from height. 

HSE findings: failings in risk assessment and safe access 

An investigation by the Health and Safety Executive (HSE), the UK government body responsible for regulating workplace health and safety and enforcing health and safety law, found that Greenhalgh’s had failed to carry out a suitable and sufficient risk assessment for loading skips. The HSE also found that the company had not provided appropriate equipment to ensure safe access and that inadequate supervision and monitoring had allowed unsafe working at height practices to become commonplace. 

Greenhalgh’s Craft Bakery Limited, of Crescent Road, Bolton, pleaded guilty to breaching section 2(1) of the Health and Safety at Work etc. Act 1974 and was fined £16,667. In addition, it was ordered to pay costs of £4,333.66 and a victim surcharge of £2,000. 

HSE Inspector Leanne Ratcliffe said every employer has a duty to conduct a risk assessment. She said employers should identify work-at-height activities, ensure safe access is available and used, and have systems in place for supervision and monitoring so unsafe practices are identified and prevented. 

Why falls from height can be serious 

A fall does not have to be from a great height to cause a serious injury; falling from a pallet box, stepladder, platform, loading area or other unsuitable surface can still cause fractures, head injuries, back injuries, soft tissue damage and long-term pain. 

In this case, the worker fractured their hip while trying to carry out a workplace task. Hip injuries can be particularly serious, often affecting mobility, work, independence and day-to-day life. Some people may need surgery, rehabilitation, time off work or adjustments to how they carry out everyday activities. 

Falls from height can happen where workers are expected to use unsuitable access equipment, stand on objects that were not designed for climbing, work without proper supervision, or carry out tasks without a safe system of work. 

Employer duties when employees work at height 

Employers have a legal duty to take reasonable steps to protect employees from injury at work. Where work at height is involved, this includes identifying tasks where there is a risk of falling and making sure those tasks are properly planned, risk assessed and supervised. 

Employers should provide suitable equipment for the task, which may mean safe steps, platforms, guardrails or other proper access equipment, rather than relying on workers to climb onto pallets, boxes, bins or other unstable surfaces. 

They should also make sure employees understand how the task should be carried out safely. If unsafe practices become normal in a workplace, employers may need to review training, supervision and monitoring to ensure risks are properly controlled. 

An accident at work may give rise to a claim where an injury was caused by: 

  • unsafe working practices 
  • inadequate training 
  • a lack of supervision 
  • unsuitable equipment 
  • poor risk assessments 
  • a failure to follow health and safety guidance 

Can you claim compensation after a fall at work? 

If you have been injured in a fall at work, you may be able to make an accident at work claim if your employer failed to take reasonable steps to keep you safe. 

A claim may be possible where, for example: 

  • You were asked to work at height without suitable equipment 
  • The task had not been properly risk assessed 
  • You were expected to climb on an unsafe surface 
  • There was no safe system of work 
  • You were not given suitable training 
  • You were not properly supervised 
  • Unsafe practices had become common in the workplace 
  • Previous concerns or near misses had been ignored 

Compensation can reflect the injury itself, as well as the wider impact on your life. This may include pain and suffering, loss of earnings, future loss of earnings, medical treatment, rehabilitation, care and support needs, travel costs, and the effect of the injury on your ability to work or carry out everyday tasks. 

How long do you have to make a personal injury claim? 

There are time limits for bringing a personal injury claim, so it is important to seek advice as soon as possible. 

In most cases, an adult has three years from the date of the accident to begin a personal injury claim. If the injured person was under 18 at the time of the accident, the usual three-year period generally starts on their 18th birthday. 

Each case depends on its own facts, but if your injury was caused by unsafe working practices or your employer’s failure to protect you, it may be worth getting advice. 

What should you do after an accident at work? 

If you have been injured at work, it is important to seek medical attention and make sure the accident has been recorded. You should also keep copies of evidence such as: 

  • any accident book entries 
  • photographs 
  • witness details 
  • medical notes 
  • correspondence with your employer  
  • evidence of lost earnings or expenses 

If the accident involved a fall from height, try to keep details of where you fell from, what equipment you were using, what task you were carrying out, who was supervising the work, and whether any concerns had previously been raised about safety. 

Many people worry about making a claim against their employer; however, employers are required to have insurance in place for workplace injury claims. A specialist solicitor can explain your options and help you understand whether you may have a claim. 

Premier Legal Assist can help 

If you have been injured in an accident at work, you don’t have to face the consequences alone. If your case is eligible, with our help, you can seek compensation for the impact the injury has had on your health, work and day-to-day life. 

Premier Legal Assist can connect you with a team of specialist personal injury lawyers who handle accident at work claims on a no-win, no-fee basis. 

To find out if you are eligible to make a no-win, no-fee claim, complete our short form, or send us a message on WhatsApp and a team member will be in touch. 

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