Scaffolding Accident Claim – Could I Make One?
Scaffolding is a metal framework used in construction to access the upper levels of structures. When installed correctly, it is perfectly safe. However, if the proper precautions and safety measures aren’t implemented when scaffolding is constructed or being used, serious injuries can occur. This guide examines who could be eligible to make a scaffolding accident claim
You’ll see information on important topics such as the rules regarding working with scaffolding, how these accidents can occur as well as how compensation figures are calculated for accidents in the workplace.
At the end of our our guide is a short section looking at the No Win No Fee contract offered by our panel of solicitors and what benefits this presents potential claimants.
To find out more about making an accident at work claim, or to find out if you could be eligible to claim compensation, get in touch with our friendly advisors using the details provided here:
- Call us on 020 3870 4868
- Complete our “contact us” form online.
- Open the live chat window on your screen now.
Browse Our Guide
- What Is A Scaffolding Accident Claim?
- What Are The Main Causes Of Scaffold Accidents At Work?
- How Do I Prove A Scaffolding Accident Claim?
- What Is The Time Limit For A Scaffold Accident Claim?
- Can I Claim On Someone Else’s Behalf For A Scaffold Accident?
- How Much Compensation For A Scaffolding Injury?
- Why Make A No Win No Fee Scaffolding Accident Claim?
- More Resources About Making A Personal Injury Claim
What Is A Scaffolding Accident Claim?
All employers owe a duty of care to their employees. The Health and Safety At Work etc. Act 1974 states that reasonable steps must be taken to ensure the safety of employees while at work.
However, since scaffolding is mostly used on a construction site, your employer may not be the only person who owes you a duty of care. You may also be owed a duty of care by the site manager or the scaffolding construction company if neither of these is your employer. This means that whoever you make your personal injury claim against would depend on who owed you a duty of care at the time and place of the accident.
Other laws apply in the construction industry include:
- The Construction (Design and Management) Regulations 2015, impose health and safety standards on those in construction.
- The Provision and Use Work Equipment Regulations 1998 requires any equipment used for work activities must be safe and maintained properly, and any workers using that equipment be given suitable training.
- The Work at Height Regulations 2005 apply to any work carried out above ground level, such as using scaffolding. These regulations are designed to ensure such work is carried out in a safe manner.
The eligibility criteria for a scaffolding accident claim are as follows:
- You were owed a duty of care at the time of the accident.
- Who owed you this duty breached it by not taking reasonable steps to ensure your safety.
- You were injured in a scaffolding accident as a result of this breach.
To check the validity of your potential claim, contact our team today using the details provided below.
What Are The Main Causes Of Scaffold Accidents At Work?
Scaffolding accidents can occur in a few different circumstances. Inadequate training, lack of maintenance and non-compliance with health and safety regulations can all contribute to accidents in the workplace.
Potential examples of scaffold accidents you could claim compensation for include:
- A construction contractor failed to carry out proper maintenance checks on a scaffold before instructing their labourers to commence work. You were fitting some guttering on the top level of the scaffold when it collapsed. You suffered multiple broken bones in the fall, such as a broken leg.
- Those assembling the scaffold had not received the correct training and did not attach certain sections correctly. A piece of scaffold came free from its mounting and fell. The falling object hit your neck and shoulders and caused major injuries.
- Adequate protective equipment had not been provided to scaffold workers. You hit your head when climbing a ladder to get to your workstation and suffered a serious head injury.
To find out if you’re eligible to claim in your particular circumstances, contact our advisory team today using the information provided above.
How Do I Prove A Scaffolding Accident Claim?
Successful scaffolding accident claims will require supporting evidence to be submitted. This evidence will be used to show liability, as well as highlight the extent of your injuries.
We have provided a few examples of evidence you can use to support your claim below:
- Medical records: Getting medical care after an accident is always advisable. As well as prioritising your health, the medical records generated by the treatment will be useful evidence for your claim.
- Workplace documents: Training documents, maintenance and servicing records can be used to show that these important tasks were performed improperly or omitted altogether.
- Accident Book: Employers with 10 or more employees are required to keep an accident book. You can request a copy of your incident report from this.
- Photographs and CCTV footage: you can get a copy of any workplace CCTV if it is available. You can also photograph the scene of the accident and what caused it.
- Witness statements: be sure to get the contact information of anyone who saw the accident so that their statement can be taken during the claims process.
A solicitor from our dedicated panel could assist you when gathering evidence. to find out if you are eligible to work with our panel of personal injury claims experts, contact our advisors today.
What Is The Time Limit For A Scaffold Accident Claim?
All personal injury claims, including those for scaffolding accidents at work, need to be started within a particular time limit.
Generally, this is 3 years from the accident date, as established by the Limitation Act 1980. Your claim does not need to be concluded within these three years; just proceedings must have been started.
The Limitation Act also allows some exceptions to this time limit, which we set out in the section below.
Contact our advisors today to see whether you have enough time to begin your scaffolding accident claim.
Can I Claim On Someone Else’s Behalf For A Scaffold Accident?
Yes, you can if certain criteria are met. In some circumstances, the injured person may be unable to claim for themselves. These circumstances are:
- Minors will have the standard 3-year limitation period paused until their 18th birthday.
- In cases where the claimant lacks the required mental capacity to claim on their own behalf, either through the injury itself or due to a prior condition, the time limit will be stopped altogether. If they recover to a sufficient degree, then the 3 years will be counted from the date of recovery.
In order to get the claims process started as soon as possible, a parent, guardian or other suitable adult can be appointed as a litigation friend by the court to act on behalf of the injured person.
You can find out more about the time limits in personal injury claims, or inquire as to whether any exceptions apply in your specific circumstances by speaking to our dedicated team. Talk to our advisors today using the contact information provided below.
How Much Compensation For A Scaffolding Injury?
Having examined the sorts of serious injuries that a fall from height or a scaffolding collapse could cause, this section looks at how compensation for those injuries can be calculated. In personal injury claims there are two relevant heads of loss:
- Physical and psychiatric harm is compensated under general damages.
- Financial losses associated with that harm are compensated under special damages. More on this below.
Determining a potential compensation figure is just one of the many tasks a personal injury solicitor from our panel of experts could assist you with. The legal team assigned this task can refer to your provided medical evidence alongside the Judicial College Guidelines (JCG).
The JCG publication contains guideline compensation amounts for various types of injury. We have taken a relevant selection of these, apart from the first entry, for use in the table below.
Compensation Table
Please note that the information provided in our table is intended for guidance purposes only.
| Type of Injury | Severity | Guideline Compensation Figure |
|---|---|---|
| Multiple Very Severe Injuries as well as Significant Special Damages including Lost Income and Medical Costs | Very Severe | Up to £1,000,000+ |
| Brain Damage | Very Severe (a) | £344,150 to £493,000 |
| Moderately Severe (b) | £267,340 to £344,150 | |
| Back Injuries | Severe (a)(i) | £111,150 to £196,450 |
| Moderate (b)(ii) | £15,260 to £33,880 | |
| Neck injuries | Severe (a)(i) | In the region of £181,020 |
| Arm Injuries | Severe (a) | £117,360 to £159,770 |
| Leg Injury | Severe (b) (ii) Very Serious | £66,920 to £109,290 |
| Shoulder Injuries | Serious (b) | £15,580 to £23,430 |
| Moderate (c) | £9,630 to £15,580 |
Special Damages In A Scaffolding Accident Claim
As part of your compensation, you may be awarded special damages. This head of loss compensates the monetary losses stemming from your injuries, including current and future losses.
With this in mind, payouts under special damages are often much higher than general damages. Possible costs include:
- Loss of earnings from time taken off work to recover, as well as compensation for future losses if your capacity to undertake work has been reduced or lost altogether.
- Transport costs if you are unable to drive to and from your place of work or medical appointments.
- The cost of child care, or other domestic help such as meal preparation and maintaining outside space.
- Home adaptations such as access ramps or a modified shower.
Remember you will need to provide supporting evidence of these costs, so be sure to hold onto your payslips, travel tickets, invoices and other documents as proof.
This section is intended to act as guidance only. For a more personalised idea of what your potential scaffolding accident claim could be worth, speak to our advisors today using the contact information provided below.
Why Make A No Win No Fee Scaffolding Accident Claim?
Get in touch with our advisors for a free assessment of your eligibility to make a scaffolding accident claim. If eligible, an expert solicitor from our panel could offer you a Conditional Fee Agreement (CFA).
A CFA is a type of No Win No Fee agreement that gives claimants significant benefits, including:
- No fees for the solicitor to begin work on your claim.
- There will also be no fees during the claims process itself.
- Finally, should the claim fail, you will not incur any fees for this work.
Now, should the claim succeed, however, you will receive a personal injury compensation payout. A percentage of this compensation will go to the solicitor as their success fee. Since The Conditional Fee Agreements Order 2013 caps success fees at a maximum of 25%, you will keep most of any compensation that is awarded.
To find out more about making an accident at work claim or for a free assessment of your eligibility, contact our team today:
- Call us on 020 3870 4868
- Complete our “contact us” form online.
- Open the live chat window on your screen now.
More Resources About Making A Personal Injury Claim
You can read more of our personal injury claims guides on our website:
- Learn more about claiming compensation after a broken ladder at work caused an accident.
- Find out if you could be eligible to make a defective machine claim here.
- Read our guide to claiming for a jagged object wound on our website today.
Additionally, we have also included these external resources for additional information:
- You can read this guidance on providing first aid from the NHS here.
- Learn about how to request CCTV footage of yourself with this Government resource.
- Get more guidance on the safe use of equipment and machinery from the Health and Safety Executive.
Thank you for reading this guide to making a scaffolding accident claim. To find out if you’re eligible to claim compensation or to ask any questions you might have, contact our advisors.
