Can You Claim For Scaffolding Injuries?

This guide will explain how to claim compensation for scaffolding injuries. Negligence related to scaffolding can cause construction accidents. These accidents could include falls from a height or a falling object hitting a worker. If a scaffolding accident has injured you and it happened as the result of negligence, you may be eligible to claim compensation.

Scaffolding injuries claims guide

Scaffolding injuries claims guide

In this guide, we will look at how these accidents can happen and attempt to answer the question, “can I get compensation for injuries sustained in a  scaffolding accident?”. This guide will also address how claims for compensation are valued.

If you have a valid claim, our team of advisors might be able to connect you with a solicitor from our panel. They may be able to work on your claim on a No Win No Fee basis.

To begin your claim, or for free legal advice about the process of claiming, please get in touch with us using the details below:

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How Do Scaffolding Injuries Happen?

Under the Health and Safety at Work etc. Act 1974, your employer owes you a duty of care at work. This means that they need to take all reasonably practicable steps to ensure your safety while in the workplace.

If they breach this duty of care, and you’re injured as a result, then you might be entitled to claim compensation.

Below, we’ve included some examples of how scaffolding accidents could occur:

  • Lack of Personal Protective Equipment (PPE). When working in certain industries, it’s important that you are given the PPE you need to do your job safely. If you’re working on scaffolding and are not given a hard hat, then a piece of scaffolding could fall and hit you on the head.
  • Poorly constructed scaffolding. If scaffolding is put together incorrectly, then it could break underfoot, causing a worker to fall from a height.
  • Lack of training. If you’re responsible for erecting scaffolding, then you should be trained on doing this. If you’re not trained, and you injure yourself in the process of erecting scaffolding as a result, then you may be able to claim.

Get in touch with a member of our team today for more information on claiming for scaffolding injuries.

Scaffolding Regulations And Checklists

The Work at Height Regulations 2005 protect people who work at height. The regulations state that employers must properly plan and supervise all work at height. Moreover, only workers who have received adequate training should work at height. Furthermore, workers should be provided with the correct equipment, to carry out their tasks safely.

In addition to this, it’s important that the equipment used for working at a height (in this case, scaffolding), is inspected and maintained to an appropriate standard. If this isn’t done, and you’re injured as a result, you could be entitled to claim.

According to Health and Safety Executive statistics, being struck by a falling or moving object caused 10% of injuries at work reported under the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 in 2020/21. Falls from a height caused 8% of reported injuries at work in the same year. However, these statistics do not directly relate to scaffolding injuries.

Who Could Be Liable For A Scaffolding Accident?

As we have mentioned, your employer owes you a duty of care while you’re in the workplace. This means that they need to take all reasonably practicable steps to ensure your safety while in the workplace.

Therefore, you can claim compensation from the party responsible for your injuries. In order for you to prove liability, it’s a good idea for you to collect evidence in support of your claim.

It’s important to note that you cannot claim compensation for an accident that you were fully liable for. In some cases, however, you might be able to make a split liability claim.

This is where you admit that you were partially at fault for the accident in which you were injured. As a result, your compensation is reduced accordingly. So, if you were deemed 50% responsible for the accident in which you were injured, your compensation would be reduced by 50%.

There is a three-year time limit to starting a personal injury claim. However, there are sometimes exceptions to this rule. Please get in touch with us to start your compensation claim for scaffolding injuries.

Can You Claim As A Member Of The Public?

As well as hurting a member of staff, a scaffolding accident could also injure a passer-by walking beneath a structure. For example, if a faulty scaffolding pole hits a passer-by on the head, the person may suffer a traumatic brain injury (TBI).

Under the Occupiers Liability Act 1957, those in control of public spaces owe a duty of care to people who use their premises. So, a construction company may owe you compensation if faulty scaffolding in a public place injured you. Please call us today to discuss making a scaffolding injuries claim.

Calculating Compensation For Scaffolding Injuries

When you make a compensation claim, your settlement could consist of general and special damages. General damages is the compensation that relates to the pain and suffering caused by your injuries, whereas special damages cover their financial impact.

The table below explains the value of the general damages compensation you could receive for different injuries. We have used guidelines from the Judicial College to create this compensation table. These are guidelines based on previous compensation awards that have been made.

Injury Notes Damages
Moderate brain damage (i) Personality changes, effects on speech and sight as well as a degree of intellectual deficit (moderate to severe). £140,870 to £205,580
Moderate brain damage (ii) Intellectual deficit (modest to moderate) and ability to work is either lost or reduced. £85,150 to £140,870
Less severe brain damage A good recovery will have been made and normal work and social life will resume. Not all normal function may have been restored. £14,380 to £40,410
Chest injury (b) A traumatic chest, heart or lung injury which leads to permanent damage and impaired function. The injury may reduce life expectancy. £61,710 to £94,470
Chest injury (c) Chest and lung injury leaving the person with a permanent disability. £29,380 to £51,460
Moderate neck injury (i) A dislocation or bone fracture which presents with immediate symptoms. Symptoms are severe and could require a spinal fusion. £23,460 to £36,120
Severe back injury (iii) Disc lesions, fractured discs or vertebral fractures as well as other soft tissue injuries fall into this category. £36,390 to £65,440
Clavicle fracture How much the person is awarded depends on the extent of the symptoms and length of recovery time. £4,830 to £11,490
Moderate pelvic injury (i) Hip or pelvic injuries which are significant. However, any disability is not considered to be major. £24,950 to £36,770
Less severe elbow injury An injury which has impaired the function of the elbow joint but which does not cause significant disability or require major surgery. £14,690 to £30,050

Special damages can include compensation to cover travel costs, medical care and travel costs to and from medical appointments and meetings with a solicitor. You will be required to provide proof of these special damages in order for them to be included in your scaffolding injuries claim.

Get in touch with our team for free legal advice about claiming.

How To Start A No Win No Fee Scaffolding Injuries Claim

You may wish to make a claim with a solicitor with a No Win No Fee agreement in place. This means that you won’t pay any upfront solicitors fees or anything as the claim progresses.

Instead, your solicitor will deduct a success fee if your claim is successful. A legal cap is applied to this success fee, so you will always receive most of your compensation award.

If your claim is unsuccessful, then there is nothing to pay your lawyer at all. This method of funding legal representation means that you won’t be left with large legal fees without a guarantee of compensation.

To begin your claim for scaffolding injuries, please get in touch with us today:

  • Claim online via our website
  • Call 020 3870 4868, and our advisors can provide you with free legal advice
  • Use our live chat feature to ask us a question

Related Workplace Injury Claims

Thank you for taking the time to read our scaffolding accident claims guide. To learn more about claiming compensation for an injury at work, please look at these resources.

How To Claim For An Injury Caused By No Safety Shoes At Work

How Do I Know If My Employer Is Responsible For A Workplace Injury?

Will I Lose My Job If I Make A Claim For An Accident At Work?

A Health and Safety Executive guide to safety when using scaffolding

An HSE guide to using ladders safely

Find out if you could be eligible to receive Statutory Sick Pay (SSP).

We appreciate you reading our guide to claiming compensation for scaffolding injuries.

Writer AL

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