Scaffolding Accident At Work – Can I Claim Compensation?
This article will explain what to do if a scaffolding accident has injured you. Construction companies in the UK must abide by strict health and safety regulations when constructing scaffolding. So, if improper use of scaffolding has caused an accident that injured you, you could claim compensation.
A scaffolding collapse or accident can injure workers or members of the public who happen to be passing by. Improperly used, defected or wrongly constructed scaffolding can cause severe head injuries or even life-altering injuries at work. So, construction site managers should take the risk seriously.
Please contact UK Law for free to see if you could make a scaffolding-related accident claim. A claims advisor will be happy to speak to you about your situation. And if you meet the right criteria to claim compensation, a skilled personal injury solicitor from our panel will start working on your claim. So, use the details below to get in touch today.
Alternatively, you can keep on reading this guide to learn more about claiming compensation for injuries caused by a construction site accident.
Select A Section
- What Is A Scaffolding Accident Claim?
- What Are The Regulations For Scaffolding?
- Causes Of Scaffolding Accidents At Work
- Estimated Payouts For A Scaffolding Injury At Work
- Start A No Win No Fee Scaffolding Accident Claim
Construction work very often requires the assistance of scaffolding, especially when work needs to be completed at a height. Ensuring that the scaffolding is constructed and used correctly is essential to prevent accidents and injury.
Employers owe their workforce a duty of care, which means they are legally responsible for taking all reasonable precautions to protect their workers’ health and safety at work—the Health and Safety at Work etc. Act 1974 (HSWA 1974) codifies this rule. Likewise, under the Occupiers’ Liability Act 1957, businesses occupying a space the public has access to owe them a duty of care.
Who Is Liable For A Scaffolding Accident?
A construction company is considered negligent if they fail to meet the proper health and safety requirements. Therefore, to claim for a scaffolding accident, it is important to prove that those who had a responsibility to your health and safety breached their duty of care and this led to you suffering an injury. This is known as negligence. We will explain how to prove liability later in the guide.
If you believe a construction company is responsible for your scaffolding injury, please contact UK Law today to see if you can claim compensation.
As well as the HSWA 1974 and the Occupiers Liability Act 1957, mentioned above, other regulations and laws apply:
For example, The Work at Height Regulations 2005 states that employers must properly plan and supervise all work-related activity that takes place at a height. Employers must provide workers with the correct safety equipment to carry out their tasks safely. And working at height tasks should only be carried out by workers with the correct training to do so safely.
The Personal Protective Equipment at Work Regulations 1992 also applies. The PPE is equipment that protects the worker from workplace hazards. Employers must provide workers with the appropriate PPE where necessary without charging them for it. For example, construction workers may need hard hats to protect their heads if scaffolding collapses.
Finally, employers must have measures to control health and safety risks at work under the Management of Health and Safety at Work Regulations (MHSWR) 1999. For example, carry out risk assessments of their premises and activities.
What Are The Hazards Of Scaffolding?
Workers can experience a slip, trip, or fall accident on scaffolding, especially in adverse weather. Moreover, workers can fall from scaffolding if safety precautions are not taken. A fall from a height could cause life-changing spinal injuries or become a fatal accident.
What’s more, if scaffolding is not constructed safely, pieces of scaffolding can fall and injure a worker or pedestrian. If the scaffolding strikes them on the head, they may suffer a traumatic brain injury (TBI) or head injury.
A scaffolding accident in the workplace can happen if construction site managers do not follow the correct health and safety practices. Here are some examples of scaffolding hazards that could cause an accident:
- Scaffolding is overloaded and could collapse
- Adverse weather conditions are not taken into consideration
- Workers have received no training or supervision required
- Scaffolding is poorly constructed
- A piece of scaffolding comes loose, so a worker or passerby is hit by a falling object.
If you were hurt on the job because your employer acted negligently, please contact UK Law today to see if you can sue your employer.
If your compensation claim for injuries caused by a scaffolding accident succeeds, you could receive up to two heads of claim. The first is general damages, which will be calculated for the physical and mental harm your injuries caused you and any impact they had on your overall quality of life.
Solicitors use the Judicial College guidelines to help them value general damages in personal injury cases. The table is based on the latest edition of the guidelines from the Judicial College, which you can use to look up general damages.
|Type Of Injury||JC Guidelines On Payouts||Notes|
|Head And Brain Injuries||Moderately Severe - B. The victim suffers severe disabilities and they are left substantially dependent on others.||£219,070 to £282,010|
|Back Injuries||Severe - A i. The injury could have affected the nerve roots. The person suffers other serious consequences.||£91,090 to £160,980|
|Neck Injuries||Severe - A i. Neck injuries in this bracket include those which are associated with (incomplete) paraplegia.||In the region of £148,330|
|Neck Injuries||Moderate - B i. Dislocations, fractures and similar injuries could all be placed in this bracket.||£24,990 to £38,490|
|Ankle Injuries||Severe - B. An injury which leaves the joint unstable and which requires extensive treatment.||£31,310 to £50,060|
|Ankle Injuries||Moderate - C. Fractures and ligament tears||£13,740 to £26,590|
|Wrist Injuries||B. Wrist injuries resulting in permanent and significant disabilities.||£24,500 to £39,170|
|Wrist Injuries||E. An uncomplicated Colles’ fracture.||Around £7,430|
|Back Injuries||Moderate - B i. Compression/crush fracture of the lumbar vertebrae.||£27,760 to £38,780|
|Back Injuries||Moderate - B ii. Injuries could include disturbances of ligaments and muscles.||£12,510 to £27,760|
However, please be aware that the amounts in the table are not guaranteed payments. For a valuation, please call our team to speak with an advisor.
Scaffolding Accident Special Damages
If your injuries caused financial losses, you could receive a special damage payment to cover these costs. Here are some examples of what you could claim:
- Specialist care expenses
- Travel and parking costs
- Reimbursement for loss of earnings
- Medical costs
- Mobility equipment costs
- Payment to cover the costs of adapting your home or your car
If you wish to claim compensation for scaffolding injuries, see if UK Law can help you. UK Law works with a panel of expert lawyers with solid experience handling workplace injury claims. Please call our helpline today. And we can appoint a skilled solicitor to work on your injury claim if there is enough supporting evidence.
When you work with a No Win No Fee solicitor, you will benefit from not paying a solicitor’s fee upfront. Instead, you will pay a success fee if you win your compensation claim. But, your success fee will not be payable if the case fails. And The Conditional Fee Agreements Order 2013 caps the rate at which the success fee can be charged.
To see if you can make a claim, please get in touch with UK Law today
Building And Construction Accident Claims
Please read these guides today to know more about claiming compensation for injuries caused by accidents.
Construction accident statistics in Great Britain, 2022 – information from the Health and Safety Executive
A Health and Safety Executive guide to using scaffolding in the workplace
Head injury and concussion – a guide from the NHS
If this guide has raised any questions about claiming compensation for a scaffolding accident, please call UK Law for legal advice.