Working at height can be dangerous, particularly if the correct health and safety regulations are not observed. A fall from height, even from a relatively…
Injured in a scaffolding accident?
If you have been injured in a scaffolding accident that wasn’t your fault, you might be entitled to make a compensation claim against your employer.
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Scaffolding Injury Claims
If you have been injured in a scaffolding accident that was not your fault, you may be entitled to make a scaffolding injury claim. Scaffolding accidents can result in severe or life-changing injuries. Many of these accidents are entirely preventable if proper safety rules are followed.
Employers have a legal duty to protect workers and the public by ensuring that scaffolding is correctly assembled and that all safety measures are in place. Failure to comply with this duty of care can result in liability for injuries arising from scaffolding accidents.
Our partner solicitors have extensive experience handling scaffolding accident claims and can help you pursue compensation on a no win no fee basis, whether you were injured at work or while passing near scaffolding.
Call 0800 470 0474 or request a call back today for a free case assessment to find out if you have a valid claim for compensation.
Key points about scaffolding injury claims
- Can I make a claim?
If you were injured due to a fall or collapse involving scaffolding, you may be able to claim compensation. - Who can I claim against?
Your employer may be liable if health and safety rules or equipment standards were breached. - How long do I have?
You typically have 3 years from the date of the injury to make a claim. - How much could I get?
Compensation reflects the type and severity of your injury, time off work, and ongoing care needs. - Will I get a no win, no fee service?
Your solicitor will usually act on a no win, no fee basis – so you only pay them a fee if they win your claim.
If you would like to speak to a legal adviser about making a claim, call free on 0800 470 0474 or click here to request a call back.
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Table of Contents
What is a scaffolding injury compensation claim?
A scaffolding injury claim is a type of personal injury claim made after an accident involving scaffolding. A claim can arise when a breach of health and safety regulations, such as poor maintenance or unsafe work practices, causes an accident.
Scaffolding accident claims can be made by:
- Construction workers.
- Other professionals working at height, such as electricians or roofers.
- Self-employed or zero-hour contract workers.
- Members of the public who are injured near the scaffolding.
Am I eligible to make a scaffolding accident claim?
You may be eligible to make a scaffolding accident compensation claim, depending on the circumstances of your accident. To have a valid claim, these basic requirements need to be met:
- The accident happened within the past three years.
- A third party who owed you a duty of care was at fault.
- You sustained a personal injury as a direct result of the accident.
If all of the above apply, you may be entitled to start a claim against the party responsible for your scaffolding accident. A specialist personal injury lawyer will be happy to discuss your case to help determine if you have grounds to seek compensation.
Scaffolding laws and regulations
Scaffolding is heavily regulated in the UK to ensure the safety of workers and members of the public who may be passing by in their vicinity. A breach of any of these may entitle you to make a successful scaffolding accident claim. The main legislation includes:
- The Work at Height Regulations 2005 – Employers must assess the risks of working at height and take measures to prevent falls.
- The Construction (Design and Management) Regulations 2015 – Construction work must be properly planned, managed and monitored to ensure safety.
- The Provision and Use of Work Equipment Regulations 1998 (PUWER) – Scaffolding and other work equipment must be suitable, safe and only used by trained, competent individuals.
- The Health and Safety at Work etc. Act 1974 – Employers have a duty to provide safe systems of work, adequate training and a safe work environment.
- The Personal Protective Equipment at Work Regulations 1992 – Workers must be provided with appropriate PPE, such as helmets, safety harnesses, and non-slip footwear.
In addition to these regulations, the National Access and Scaffolding Confederation (NASC) sets specific guidelines and standards for the use of scaffolding in the UK.
Scaffolding regulations involving the public
Under Section 169 of the Highways Act 1980, scaffolds that encroach on a highway require a licence. Scaffolds should never be assembled or disassembled over people or crowded pavements. When the work is likely to pose a risk to the public, a footpath or road closure should be arranged to prevent injuries.
The Occupiers’ Liability Act 1957 requires those in charge of scaffolding to take reasonable care to ensure that visitors are safe while using the premises. They must address hazards that could cause injuries, ensure the scaffolding is stable, and have proper warning signs in place.
If you or a loved one was injured from a breach of any of these duties, you may be eligible to make a scaffold accident claim against the liable party. An experienced solicitor can help you understand whether you have a valid case and advise you on your legal options.
How do I make a scaffolding injury claim?
To make a successful scaffolding injury claim, your solicitor will need to prove who was responsible for your accident, the severity of your injuries and the financial losses you have incurred as a result. Evidence to support your claim could include the following:
- Accident report forms from your workplace.
- Photographic evidence of the accident scene and the damage that the accident caused.
- Medical evidence that proves your diagnosis and treatment.
- Receipts and invoices for any related expenses.
- Witness contact details and statements where possible.
- Evidence of lost wages from having time off work.
- Copies of official reports from the Health and Safety Executive (HSE).
Your solicitor will guide you through all the steps of the claims process and advise you on any additional information that may be required. Once all the information is gathered, they will:
- Send a formal letter of claim to the defendant.
- Negotiate compensation on your behalf.
- Issue court proceedings if a settlement can’t be reached.
Is there a time limit in place to make a claim for a scaffold accident?
As a general rule, there is a 3-year limitation period to claim compensation for a scaffolding accident. If you leave it too late, your claim may be time-barred under the Limitation Act 1980, and you may lose your right to pursue compensation.
We urge you to start any work-related accident claims as soon as possible to make it easier to access documents, reports, and evidence. This will also ensure that you and any witnesses will have fresh memories of the scaffolding fall and will remember any essential details.
You can find out more information about the time limits for making an injury claim here: How long do I have to make a personal injury claim?
How much compensation will I be able to claim for my accident?
The compensation awarded for a scaffolding fall is calculated on a case-by-case basis. The more serious the injuries and losses you sustained, the higher your settlement is likely to be. This will cover:
- The pain, suffering and loss of amenity caused to you.
- Loss of wages during recovery and loss of earning capacity.
- The cost of any medication or medical treatments.
- Transport costs related to your accident and injury.
- The care or support you have needed, even if given by family and friends.
Examples of compensation for scaffolding accident claims
According to the Judicial College guidelines, you could be entitled to the following compensation for your pain and suffering:
| Injury / Description | Average Compensation |
|---|---|
| Minor head injuries with recovery in a matter of weeks | £1,880 to £10,890 |
| Moderately severe face injuries, such as a broken nose or jaw | £15,320 to £26,010 |
| Severe neck injuries leading to chronic pain conditions or significant disability | £56,100 to £139,210 |
| Moderate back injuries leading to some degree of mobility issues | £11,730 to £26,050 |
| Severe hip and pelvis injuries resulting in hip replacement, bowel damage and a likelihood of future surgery | £33,430 to £111,690 |
| Moderate arm injuries causing long-term symptoms | £16,380 to £33,430 |
| Severe wrist injuries causing significant disability or loss of function | £20,900 to £51,070 |
| Minor leg injuries, such as simple fractures, with recovery within a few months | £7,780 to £12,010 |
| Knee injuries resulting in ongoing pain or discomfort | £22,340 to £37,070 |
| Foot injuries with recovery in under two years | Up to £11,730 |
To learn more about how much compensation you could receive in a scaffolding accident claim, call 0800 470 0474 today to speak to an experienced legal adviser.
Can I make a No Win No Fee scaffolding accident claim?
Yes, it is possible to claim compensation using a no win no fee agreement*. That means that you will not be required to pay any legal fees upfront, and if your claim fails, you will not have to pay your solicitor’s fee.
This is a risk-free agreement under which you only pay your solicitor if you win compensation. If your claim is successful, they will deduct a success fee capped at 25% from your settlement. If you lose, you will not incur any out-of-pocket costs.
Common causes of scaffolding accidents
The most common causes and types of scaffolding injury claims include:
- Falls from scaffold towers due to incorrectly constructed or missing guardrails.
- Slips and trips on the same level due to wet conditions and obstructions.
- Injuries caused by damaged scaffold boards.
- Lack of safety measures implemented in poor weather.
- Scaffolding collapses due to incorrect assembly or overloading.
- Inadequate safety training and a lack of protective equipment.
- Items falling from scaffolding, causing injuries to people below.
According to the National Access & Scaffolding Confederation (NASC) data, 73 scaffolding accidents involving members were reported in 2021, of which one was fatal.
Common injuries from scaffolding falls and accidents
Injuries caused by scaffolding accidents can range from minor to severe. Some common types of injuries that can lead to a claim include the following:
Fractures
A fall from scaffolding can result in broken bone injuries in any part of the body, including the arms, legs, ribs, and back. These can be very painful, take months to heal, and cause long-term mobility issues.
Head injuries
Head injuries can vary in severity, from concussions to traumatic brain injuries that may result in loss of sensation, speech difficulties, and the inability to perform daily activities.
Spinal cord injuries
Spinal cord injuries can occur when a worker falls and lands on their back or neck. These injuries can cause paralysis or other serious long-term health problems, such as loss of bowel or bladder control.
Soft tissue injuries
Injuries such as sprains, strains, and bruises can result from falls from scaffolding or from being struck by falling objects. Symptoms of soft tissue injuries may include pain, swelling, stiffness, and limited range of motion.
Cuts and lacerations
Laceration injuries can occur when workers come into contact with sharp or pointed objects while working on scaffolding or from contact with the ground due to a fall.
It is crucial to seek medical attention immediately after a scaffolding accident to assess and treat your injuries. This will prevent your condition from worsening, and your medical records will serve as important evidence if you decide to claim compensation.
How long will a scaffolding accident claim take?
A claim for a scaffolding accident can take anywhere between a few months and several years to settle, depending on several factors, such as:
- The severity of your injuries.
- Liability disputes.
- The complexity of the case.
- The willingness of the other party to negotiate.
- Whether the claim goes to court.
Read more: How long will my claim take?
What are the benefits of hiring a personal injury solicitor?
The personal injury solicitors we partner with have extensive experience handling various types of accident at work claims, including scaffolding claims.
They can help you build a strong scaffolding injury claim and pursue the highest compensation offer possible on your behalf. Furthermore, solicitors offer a host of other benefits to their clients, including the following:
- A free initial consultation with no obligation to proceed.
- A thorough review of your case and your losses.
- Help and assistance in collecting supporting evidence.
- A no win no fee service.
- Experience and knowledge specific to your type of claim.
- Regular updates about how your case is progressing.
- Local solicitors available at many locations throughout the UK.
To find out if you can claim for a scaffolding accident at work or in a public place, call 0800 470 0474 for a free, informal chat. Alternatively, you can request a call back using our simple contact form.
