In this guide, we discuss scaffolding accident claims, including when they might be eligible and who they could be made against. Employers and contractors must assess the risk from working at a height and organise and plan any work so it is carried out safely. This means taking suitable precautions to prevent falls.
Scaffolding, such as general access scaffolds, provide a means of working at a height while preventing falls and they should be provided whenever practicable. There may be several parties who have a duty and responsibility that they must fulfil in order to make sure that you are safe while working on scaffolding, including employers and those who are responsible for erecting scaffolding. As we move through this guide, we look at the specific responsibilities these parties have with regard to your health and safety and how a scaffolding accident could occur if they fail to adhere to specific legislation.
Furthermore, so that you can strengthen your potential case, we list what types of evidence are best to collect when claiming compensation for scaffolding injuries. We also explain how compensation payouts for successful accident at work claims are calculated.
If your scaffolding accident claim is eligible for compensation, our advisors can pass you onto our panel of No Win No Fee solicitors. They can discuss with you what next steps to take. If you want to find out how No Win No Fee agreements work, please read the end of our guide. Or to have a free chat with our advisors and ask any questions, you can simply:
- Call 020 8050 2736.
- Request a callback on our claim online form.
- Send a message in our live chat box.
Jump To A Section
- Who Is Responsible For Preventing Scaffolding Accidents?
- What Could Cause A Scaffolding Accident At Work?
- How To Prove Scaffolding Accident Claims
- How Much Compensation For Scaffolding Accident Claims?
- Why Claim Scaffolding Accident Compensation On A No Win No Fee Basis?
- Learn More About Scaffolding Accident Claims
Who Is Responsible For Preventing Scaffolding Accidents?
Scaffolding is not always set up by an employer. Often, it is built or constructed by a scaffolding company and then used by workers. As such, employers might not always be liable for scaffolding accidents that lead to an injury. However, they do still owe a duty of care to employees using scaffolding as part of their job.
Under the Health and Safety at Work etc. Act 1974, all employers owe a duty of care to their employees. To abide by this duty, employers must take reasonable and practicable steps, such as removing and managing potential risks, to avoid any injuries and ensure that the environment, facilities, and equipment within the workplace are safe for employees.
Additionally, the Work at Height Regulations 2005 is in place to prevent death and injury caused by a fall from a height. Employers and those in control of work carried out at a height, must abide by this piece of legislation by ensuring work is properly planned, supervised and carried out by competent people. For example, the correct equipment should be used, such as scaffolding.
Those who erect scaffolding should be competent to undertake the specific type of scaffolding work they are carrying out. They should also receive appropriate training relevant to the type and form of scaffolding they’re working on.
If there is a failure by any party to uphold their duty of care and this leads to an injury from a scaffolding accident, they could be held liable. However, in order to make a personal injury claim, certain eligibility criteria need to be met.
Can I Make A Scaffolding Accident Claim?
The scaffolding accident claims eligibility criteria that need to be proven in order to claim compensation are:
- You were owed a duty of care.
- This duty of care was breached.
- Due to the breach, you sustained a scaffolding injury.
If you can prove that each of the above occurred, please have a chat with us. Our advisors can validate the eligibility of your scaffolding accident compensation claim.
What Could Cause A Scaffolding Accident At Work?
There are many ways a scaffolding accident could occur. However, they may not always be the fault of another party. In these cases, scaffolding accident claims won’t be possible. Instead, you need to ensure you prove a breach of duty occurred and this led to you becoming harmed. For example:
- Lack of adequate and necessary Personal Protective Equipment (PPE). A personal fall protection system, such as a safety harness, must be used where a risk assessment has demonstrated that the work can be performed safely while using the system and that the use of other, safer work equipment, is not practicable. If there was a failure to provide you with a harness, when necessary to prevent the risk of falling while working at a height, you could suffer serious injuries if you fall from a height.
- Lack of maintenance or safety checks. The scaffolding is constructed by someone who doesn’t have the relevant training or qualifications. As such, they fail to carry out the necessary checks to ensure the scaffolding equipment is safe. They use broken equipment, such as a faulty beam and the scaffolding collapses when workers are using it.
- No appropriate training. For instance, if your employer has not trained you on how to navigate scaffolding and complete your tasks safely, the chance of you accidentally injuring yourself increases.
These are just some examples of what could potentially form the basis of valid scaffolding accident claims. It is recommended that you speak with a trained advisor about your specific scaffolding accident to determine whether you are eligible to pursue compensation.
What Injuries Could Be Caused By A Fall From Scaffolding?
Scaffolding accidents can potentially lead to some serious injuries, such as:
- Spinal cord and back injuries.
- Brain damage and other head injuries.
- Broken bones.
- Psychological injuries.
- Lacerations.
The different common types of construction injuries that could be suffered are not conclusive to this list. So, whatever type of injuries you have sustained, you can always seek advice and help from us about whether you could claim compensation for how they have affected you.
How To Prove Scaffolding Accident Claims
To have the best chance of winning compensation for a scaffolding accident claim, you should collect as much evidence as possible. This evidence should prove the extent to which you’ve been injured because of a negligent employer.
Such evidence you could gather includes:
- CCTV footage of the accident taking place.
- Photos of your injuries and the accident scene. For instance, photos of any broken beams.
- A personal symptoms and treatment diary.
- Copies of your medical records that show what injuries have been sustained.
- Contact details of other employees or maybe members of the public that were witnesses to the accident.
- A copy of the workplace’s accident log book.
A personal injury solicitor with experience handling scaffolding accident claims could help you with gathering evidence. Additionally, they can ensure your case is brought forward in full within the relevant time frame.
How Long Do You Have To Make A Scaffolding Accident Claim?
The typical time limit to make any personal injury claim is 3 years from the date the injury was sustained. The Limitation Act 1980 outlines this limitation period.
However, in a few circumstances, the time limit might be paused such as if the injured party is under the age of 18 or lacks the mental capacity to start legal proceedings themselves.
To find out more about these circumstances and how long you have left to make a construction injury claim, please don’t hesitate to ask us.
How Much Compensation For Scaffolding Accident Claims?
There are up to two heads of loss that could be awarded in successful scaffolding accident claims.
The first is called general damages. This covers the physical and psychiatric impacts of your injury. To put a value on this payout, these factors can be considered:
- The severity of your injury and pain.
- How long it will take for you to recover.
- How much your quality of life has changed.
- The types of treatment you need.
During the compensation claims process, you might be asked to undergo an independent medical assessment. The report from this can also be used to value this payout. Additionally, the Judicial College Guidelines (JCG) can be referred to, which is a document containing guideline compensation awards for various physical and psychiatric illnesses and injuries.
Guideline Injuries Table
From the JCG, we have taken some injuries that could be sustained following a scaffolding accident. With them are their guideline compensation values (the top value is not from the JCG).
Nevertheless, no specific value can be guaranteed for your potential specific compensation claim since every case is unique. So, please only use the table as a rough guide.
| Injury type | Severity of injury | Guideline compensation figures | Comments |
|---|---|---|---|
| More than one serious injury with financial costs. | Serious | Up to £1,000,000+ | A payout for sustaining multiple serious injuries along with the financial costs that they have caused, such as medical costs, professional care costs and lost wages. |
| Paralysis | Tetraplegia (a) | £396,140 to £493,000 | Upper and lower body paralysis. |
| Paraplegia (b) | £267,340 to £346,890 | Lower body paralysis. | |
| Brain damage | Very severe (a) | £344,150 to £493,000 | Included in this bracket are cases of locked-in syndrome where the life expectancy is substantially restrictive. |
| Moderate (c) (iii) | £52,550 to £110,720 | The ability to work is lessened and memory and concentration are affected. | |
| Neck | Severe (a) (i) | In the region on £181,020 | Incomplete paraplegia from an associated neck injury. |
| Moderate (b) (iii) | £9,630 to £16,770 | Moderate soft tissue injuries where increased vulnerability to future trauma remains and the recovery has been pretty protracted. | |
| Back | Severe (a) (ii) | £90,510 to £107,910 | Cases of nerve root damage with associated impaired mobility and loss of sensation alongside other issues. |
| Moderate (b) (i) | £33,880 to £47,320 | Included in this bracket are cases of traumatic spondylolisthesis with continuing pain and the probable need for spinal fusion. |
Special Damages
The second head of loss is called special damages. This covers the past and future financial costs of your injury. Such financial costs include, as some examples:
- Lost wages
- The cost of making home adaptations.
- Professional care costs.
If you do receive a special damages payout, your financial position should be restored to the same position it was in before your scaffolding accident. But, since special damages are not always given for successful compensation claims, you should keep as much proof of your injury’s costs as possible. This can include receipts, invoices, and payslips.
Contact us for more information on how much compensation could be awarded in a successful scaffolding accident claim.
Why Claim Scaffolding Accident Compensation On A No Win No Fee Basis?
Our panel of experienced No Win No Fee solicitors could offer you a Conditional Fee Agreement (CFA) if you are eligible for scaffolding accident compensation.
You might be wondering what the benefits are in having a solicitor represent you under a CFA. Because you will not have to pay the charges for your solicitor’s services if your case is unsuccessful. You will also not have to pay these charges before and throughout the scaffolding accident claims process.
If your case is successful, your solicitor can take a success fee. A success fee is a percentage of your compensation. The maximum percentage that can be taken by solicitors is legally limited. So, if you win, you will keep the majority of your compensation.
Contact Us
If you or someone you know has been injured in a scaffolding accident, and you believe that another party is liable, please contact us. Our advisors are available for a free discussion 24/7 to offer guidance about what you can do next. Here is how you can get in touch with us:
- Call 020 8050 2736.
- Request a callback on our claim online form.
- Send a message in our live chat box.
Learn More About Scaffolding Accident Claims
Here are a few of our other guides relating to accident at work claims:
- Details on how to claim compensation on behalf of someone else if a loved one suffered a fatal accident whilst working on a construction site.
- Look at a construction accident case study to see an example of what could possibly be awarded in compensation.
- How to make a compensation claim after a construction site accident involving heavy equipment that left you injured.
Alternatively, here are some pages from other sites that may be useful:
- Health and Safety Executive (HSE) – A publication on health and safety in construction to help the reader understand what risks must be controlled.
- National Health Service (NHS) – How to get a copy of your medical records so that you can use them as evidence.
- Gov.UK – Find out how to claim for Statutory Sick Pay (SSP) for time taken off work while you’re recovering from an injury.
Thank you for browsing our guide about scaffolding accident claims. For any further questions, please get in touch using the details provided above.