If you have worked with scaffolding, then you will likely have some idea of the risks involved. Extra care needs to be taken when working at height. If somebody is negligent when erecting or maintaining scaffolding, there is a risk that you can become seriously injured or even killed. In this guide, we look at how to make scaffolding accident claims, and we will focus on accidents at work. If you have been injured in a scaffolding accident as a member of the public, we will also consider this briefly.
We will begin this guide with illustrative examples of what we mean by scaffolding accidents, looking closely at how certain accidents could be valid grounds to make a compensation claim. This is followed by a list of key evidence that we advise you to consider gathering that will not only help to prove liability in your case but also detail how the accident has affected you physically and mentally.
One of the first questions we are often asked is, ‘’How much compensation could I get for my personal injury claim?’’, so we have dedicated a section to explaining how your compensation will be calculated should you succeed in your case. And in our penultimate section, before we answer some of your most frequently asked questions, we tell you the benefits of seeking legal representation on a No Win No Fee basis.
All personal injury claims are subject to a limitation period. This means that you must start your claim before a certain time. For personal injury claims after an accident at work, this is generally 3 years. If you are within the accident at work claim time limit, contact our team to see if we can help you. You can contact us:
- By phone on 0800 408 7825.
- By using our live chat to discuss your personal injury claim.
- Or simply fill in our ‘contact us’ form and a member of our team will call you back.
Choose A Section
- What Are Scaffolding Accident Claims?
- How To Prove A Scaffolding Accident Claim
- What Types Of Scaffolding Accidents Could Lead To A Claim?
- How Much Compensation For Scaffolding Accident Claims?
- Why Make A Scaffolding Injury Claim On A No Win No Fee Basis?
- Read More About Making An Accident At Work Claim
- FAQs About How To Claim For Scaffolding Injuries
What Are Scaffolding Accident Claims?
If you have been injured through no fault of your own while working on scaffolding, who you would make your personal injury claim against would vary. If your employer is responsible for the scaffolding, then very likely the claim would be against the company. However, what happens when those responsible for the scaffolding are a third-party company?
Under Section 2 of The Health and Safety at Work etc. Act 1974, employers have a duty of care to their employees’ safety. However, Section 3 of the same Act explains that any employer/company also have the same duty to any persons not in his employment but may be affected by, to ensure they are not affected by risks to their health or safety.
In essence, to be able to make a personal injury claim for a scaffolding accident, whether against your employer or a third party, you must be able to satisfy these criteria:
- That you were owed a duty of care.
- The duty of care was breached, e.g. by failing to erect scaffolding properly.
- You were injured in an accident because of this breach.
Employers must comply with the Work at Height Regulations 2005 if workers are working at height on scaffolding. This ensures that any work at height is properly planned, appropriate training is provided, and proper supervision is provided.
For more information on scaffolding accident claims, please contact our friendly team.
How To Prove A Scaffolding Accident Claim
To make a scaffolding injury claim one of the most important parts of the claims process is collecting evidence. Reporting your workplace accident is an important step and if your accident was of a serious nature, your employer may have been under a duty to report your accident through the Reporting of Injuries Diseases and Dangerous Occurrences Regulations (RIDDOR). This will generate documents such as an accident report form.
The following evidence may also help to prove your scaffolding accident and your injuries:
- CCTV showing the accident taking place.
- Photographs of the accident site.
- Witness statements or witness contact details, in case your claim is disputed.
- Photos of any injuries that are visible.
- Medical records and scans.
- Medical reports.
- Symptom diary and list of treatments.
If there are financial losses that you would like to claim for such as loss of earnings or property damage (e.g. broken smartphone), then these too will require documentation such as bank statements, wage slips or invoices.
What Types Of Scaffolding Accidents Could Lead To A Claim?
If you have been injured in a scaffolding accident you could make a personal injury claim if a third party was at fault.
Fall from scaffolding. A fall at work from scaffolding could lead to serious injuries such as brain damage or even death. Falls may be caused by overlooking safety procedures such as installing safety railing.
Scaffolding collapse. If scaffolding collapses, you can fall, again sustaining significant injuries. There are many ways negligence could cause this collapse, including:
- Scaffolding not being attached or erected correctly.
- Too much weight being placed on the scaffolding causing it to be overloaded.
- The scaffolding was damaged or defective in some way.
Slips, trips and falls on scaffolding. Slips, trips and falls on the same level whilst working on scaffolding could be caused by factors such as:
- Being made to work through poor weather conditions.
- Poorly laid or raised flooring.
- Materials being left in walkways on scaffolding.
A lack of safety equipment or training. Under The Work at Height Regulations 2005 Act all those working on scaffolding must be trained and competent to do so. Your employer must also ensure that you have necessary protective equipment. Negligence could occur if:
- You were not provided with PPE such as a safety harness or hardhat.
- You were not trained sufficiently.
- There was a lack of supervision.
What Kind Of Injuries Can Be Caused By A Scaffolding Accident?
If you fall from height, you can become seriously injured. Some potential injuries include:
- A serious head injury.
- Bone fractures.
- Crush injuries, such as a crushed hand
- Internal organ injuries.
- Lacerations and soft tissue damage.
In some cases, these injuries can be catastrophic and life-changing. In the most serious accidents, people can lose their lives falling from scaffolding. This is why employers must meet their duty to keep employees safe when working at heights. To learn more about scaffolding accident claims, please get in touch with our team.
When you contact an advisor from our team they could assess whether you have grounds to claim for a scaffolding accident at work.
How Much Compensation For Scaffolding Accident Claims?
As seen earlier in this guide there are different types of scaffolding accidents in which you could be injured and a variety of different injuries you could sustain. In order to say how much compensation claimants could be owed, your injuries, along with how they have impacted you, need to be assessed correctly.
When assessing a scaffolding accident compensation claim, two Heads of Loss will be taken into consideration. Special damages, which we will discuss further in the guide a little later on, compensate for financial losses caused by an injury. In contrast, the primary head of claim, general damages, will look to compensate for the harm caused.
Very often, the report from an independent medical assessment will be used alongside a resource such as the guideline amounts published by the Judicial College (JCG) when assessing the value of pain and suffering.
The table below contains example amounts taken from the JCG. Please note that the first row is an illustration of what could be awarded for multiple serious injuries as well as other types of damages. The figure is not taken from the JCG.
| Injuries | Severity | Compensation Guidelines |
|---|---|---|
| Multiple and serious injuries with awards for special damages. | Serious up to severe | Up to £1,000,000+ inclusive of special damages |
| Brain injury | Very severe - A | £344,150 to £493,000 |
| Brain injury | Moderate - C - ii | £110,720 to £183,190 |
| Neck injury | Severe - A - i | Around £181,020 |
| Leg injury | Severe - B - ii (very serious) | £66,920 to £109,290 |
| Back injury | Severe - A - ii | £90,510 to £107,910 |
| Other arm injury | Injuries resulting in disability - B | £47,810 to £73,050 |
| Hand injury | Less serious - G | £17,640 to £35,390 |
| Knee injury | Moderate - B - i | £18,110 to £31,960 |
| Foot injury | Moderate - F | £16,770 to £30,500 |
Additionally, a compensation payout for an injury (such as a head injury at work) could include special damages. These compensate for reasonable out of pocket expenses such as:
- Loss of earnings
- Rehabilitation costs
- Medical fees
- Prescription charges
- Damaged property
- Adaptations to your home or vehicle
- Care costs
- Travel expenses
You may also be compensated for future losses such as future loss of earnings, care needs or a loss of pension entitlement. Contact us for an assessment of your compensation claim and find out how we could help with scaffolding accident claims.
Why Make A Scaffolding Injury Claim On A No Win No Fee Basis?
An experienced and expert No Win No Fee solicitor from our panel could help you make a scaffolding accident claim using a Conditional Fee Agreement (CFA).
The benefits of choosing to work with a solicitor through a CFA are that you will not have to pay for your solicitor’s work if your case is not successful. You will not be asked to pay anything before or during the claims process.
If your scaffolding accident claim is successful, your solicitor will charge a success fee. This is a percentage of your final settlement. There is a legal limit on the amount which can be charged (expressed as a percentage). This means that you will keep the majority of your payout.
Get in contact with our team today to find out if you are eligible to make a scaffolding accident compensation claim.
- Call us on 0800 408 7825.
- Complete our ‘contact us’ form.
- Use the live chat on this page.
Read More About Making An Accident At Work Claim
These guides include further information on workplace accident claims.
- In this compensation case study we look at an example compensation payout for an accident at work.
- If you were injured by scaffolding in a public place read this guide.
- Claims for slips, trips and falls at work must be made within the relevant time limit. Check how long you may have to claim in this guide.
External references
- Learn more about safety in scaffolding in this HSE resource.
- Get the answers to scaffold FAQs in this guide from the HSE.
- In this HSE construction industry resource you can learn more about staying safe in the workplace.
FAQs About How To Claim For Scaffolding Injuries
Here we answer some of the most frequently asked questions about scaffolding related claims.
Will I Lose My Job If I Claim For A Scaffold Accident?
When considering claiming for a scaffolding accident at work you may be concerned that doing so will impact your relationship with your employer. It is important to note that employers are required to have insurance in place for such instances. It is this insurance policy which will pay your compensation, not your employer directly.
By law, you are entitled to claim compensation if your employer is at fault. Equally, your employer can neither discriminate against you nor can you be sacked for having an accident at work and exercising your right to claim compensation. If your employer does do so, you may also make a claim against them for this.
It is also worth remembering that your claim could be against someone other than your employer e.g. a site manager or a scaffolding company and this will depend on the accident circumstances.
Can I Claim For A Scaffolding Accident Outside The Workplace?
If you have been injured by scaffolding collapsing or being struck by a falling object whilst walking past scaffolding in a public place you could make a claim.
Thank you for reading our guide to scaffolding accident claims. If you have any further questions, please contact our specialist team.