Workplace injuries especially a fall from height, such as falling off a building not only occurs in the construction industry. They also commonly occur outside of work-related activities and can have a serious and long-lasting impact on the injured person.
Your ability to file a personal injury claim will depend on a number of factors. This will be the case if you fell off a building, or suffered injury resulting from a fall from height, and you were not at work. Firstly, what caused you to fall? If your fall occurred as a result of your reckless or careless behavior (including intoxication), your chances of making a successful claim might be greatly diminished. However, if your carelessness was only a contributing factor to the accident, and your fall occurred due to another person’s or organizations negligence, then you may still be entitled to make a claim.
There are certain questions to ask when considering whether you fell off a building because of someone else’s negligence. For example, the overall safety of the place you fell from – did the building meet the relevant building and construction codes? Was the area adequately maintained? Was the area exposed to the elements, such as rain? Or was there another person present who literally caused you to fall?
Who is liable for causing the accident will depend on the circumstances relating to why you fell off the building. If your fall was caused by another person, it may be that person who is liable; or, where it was an issue with maintenance or code compliance on a private property, it may be the owner of the property or the Body Corporate who is liable.
If you have sustained an injury because you fell off a building, it is important that you promptly seek advice about your ability to make a claim. Dealing with an injury, whether permanent or temporary, usually has a significant emotional and financial impact on the injured person, not to mention the physical impact. Seeking compensation to ensure that you are better equipped to deal with the fallout from your injury is an important consideration.
If you have questions about making a claim after a fall from height, please visit our general enquiries page or contact our offices on 07 3252 0011 to schedule a free initial consultation with one of our Brisbane-based Lawyers.
Information also available at Work Safe Queensland website.