A fall from height at work is one of the most severe accidents occurring at construction sites and warehouses. Beyond the serious physical injuries, the worker faces a complex legal system: a national insurance claim, and sometimes a civil lawsuit against the employer. Understanding all available tracks maximizes the compensation received.
National Insurance for a Fall from Height
Recognition as a Work Accident
A fall from height during and because of work is recognized as a work accident under the National Insurance Law. Recognition grants entitlement to injury benefits (75% of wage for up to 91 days), medical treatment at the expense of national insurance, and a disability pension if permanent disability remains.
What to Do Immediately After the Fall
Immediate written notice to the employer is critical. An employer who fails to report the work accident to national insurance within 48 hours risks losing part of the worker’s rights. Immediate medical examination and documentation of all injuries is essential.
Civil Lawsuit Against the Employer
When Can You Sue the Employer
In addition to national insurance, a worker injured due to the employer’s negligence (failure to provide safety equipment, violation of work safety regulations, unsafe construction site) may file a separate civil lawsuit for compensation beyond the national insurance allowance.
Primary Contractor Liability
In construction projects, the primary contractor bears responsibility for the safety of all workers on site, including subcontractors’ workers. A primary contractor who did not enforce safety regulations may be held liable even if the injured worker was not directly employed by them. See: Work Accidents – Main Page.
How to Proceed
- Notify the employer immediately in writing: a time-stamped email is sufficient documentation
- Receive immediate medical treatment and document all injuries
- Submit a claim to national insurance (Form B.L. 250) within 12 months
- Preserve witnesses: colleagues who saw the fall, site photographs
- Do not sign any document without legal advice
For a free initial consultation: Contact Us or 072-2428822.
Frequently Asked Questions
I fell at work and was seriously injured. What is the first step?
After receiving medical treatment, contact a lawyer immediately. Notify the employer, file a claim with national insurance, and document injuries before the site is altered. Keep all medical records. See: Medical Committee – Work Accident.
I worked as a contractor employee. Am I entitled to compensation?
Yes. A contractor employee working on a site is entitled to file a national insurance claim. You may also sue the primary contractor and the property owner for safety failures. A lawyer will examine all possible channels. See: Foreign Worker Injured at Work.
The employer claims I fell due to my own negligence. Does this preclude compensation?
Not necessarily. National insurance pays regardless of fault. In a civil lawsuit, contributory negligence may reduce part of the compensation but will not eliminate it entirely if the employer was also negligent.
