Scaffolding Accident Claims

Scaffolding is a common feature of building sites throughout the country, providing a crucial safety measure for workers in a range of industries. Builders, roofers, electricians, decorators, and other tradespeople who operate at height rely on this vital equipment to ensure their work can be completed safely and securely.

It is also common in residential areas, shopping centres, hospitals, and busy high streets for building and maintenance. The risk of injury from scaffolding accidents is not only limited to workers, as members of the general public using the surrounding areas can also be at risk.

Employers and scaffolding companies have a legal obligation to ensure the safety and maintenance of scaffolding to protect employees and the wider public. Failure to comply with this duty of care can result in liability for injuries arising from accidents caused by these breaches.

If you have suffered an injury following a scaffolding accident that was not your fault, you may be eligible to make a scaffolding accident claim. A friendly and experienced solicitor will be pleased to offer you a free initial consultation to assess your case and determine whether you are likely to make a successful compensation claim. To arrange a consultation, call 0800 470 0474 or request a call back.

Am I eligible to make a scaffolding accident claim?

Whether or not you are eligible to make a scaffolding injury claim will depend on the specific circumstances of your accident. For a compensation claim following a scaffold fall or another accident to be valid, three basic requirements need to be met:

• The accident must have happened within the past three-year period
• Another person or company must have been at fault for the accident
• You must have sustained a personal injury as a result, such as a back injury or broken leg, for example

If each of the above statements applies to your circumstances, you would likely be entitled to start a claim against the party at fault for your scaffolding accident.

Examples of potential claims may include pedestrians injured by falling objects or damaged scaffolding or workers that have sustained an injury due to poorly maintained structures or unobserved safety measures. Whatever the specifics of your case are, a solicitor will be happy to discuss your accident to help determine if you have grounds to seek compensation. To find out more, simply request a call back here or call free on 0800 470 0474.

Scaffolding rules and regulations

In the UK, there are specific regulations regarding the use of scaffolding on construction sites and other areas where such platforms are commonly used. These aim to ensure the safety of workers and members of the public who may be passing in their vicinity. A breach of any of these could entitle you to make a scaffolding accident claim.

The central scaffolding rules and regulations in the UK include the following:

• The Work at Height Regulations 2005. These regulations provide guidelines on the use of scaffolding and other work platforms that are used at height. These require employers and those in control of the work to assess the risks associated with working at height and take measures to prevent falls.
• The Construction (Design and Management) Regulations 2015. These require all construction projects to have a written plan that outlines how the project will be managed, including the safe use of scaffolding.
• The Provision and Use of Work Equipment Regulations 1998 (PUWER). Under PUWER, employers must ensure that scaffolding is suitable for its intended use, is maintained in a safe condition, and is inspected by a competent person before use and at regular intervals.
• The Health and Safety at Work etc. Act 1974. This act sets out the general duties that employers have towards their employees and others who may be affected by their work activities. This includes providing a safe work system and taking every reasonable measure to reduce or eliminate the risk of a scaffold accident.
• The Personal Protective Equipment at Work Regulations 1992. Under these regulations, employers must provide the necessary personal protective equipment (PPE), such as helmets, safety harnesses, and non-slip footwear, to protect workers from a scaffolding fall or other hazards. Employers must also ensure the PPE is properly maintained and regularly inspected to ensure it is in good working condition.
• The Work at Height (Amendment) Regulations 2007. These regulations amend the Work at Height Regulations 2005 and provide further guidance on using scaffolding and other work platforms at height.

In addition to these regulations, there are also specific guidelines and standards set by the National Access and Scaffolding Confederation (NASC) regarding the use of scaffolding in the UK. These guidelines cover areas such as their design, assembly, and disassembly, as well as the training and competence of those working with scaffolding.

Under Section 169 of the Highways Act 1980, scaffolds should never be assembled or disassembled over individuals or crowded pavements. When the work is likely to pose a risk to the public, applying for a footpath or road closure is advisable to eliminate the possibility of citizens sustaining injuries.

If you or a loved one was injured from a breach of any of these duties, you could 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.

Common causes of scaffolding accidents

Scaffolding is used safely and responsibly on a daily basis. In most cases, it provides a safer option for carrying out work at height when compared to alternative options such as ladders. However, working at height does bring many inherent dangers, which can create the risk of significant injury if the appropriate health and safety regulations are not observed.

According to the National Access & Scaffolding Confederation (NASC) data, there were 90 scaffolding accidents to workers reported in 2021. Many of these accidents are due to unobserved safety processes or poorly maintained scaffolding that is ultimately unsafe and unfit for purpose. Other common causes leading to a scaffolding injury claim include:

• Falling from scaffold towers due to incorrectly constructed or missing guardrails
• Slips as a result of using scaffolding in wet conditions or other hazards like uneven flooring
• Tripping over tools, wires, debris or other obstructions left on scaffolding
• Accidents caused by incorrectly assembled scaffolding
• Injuries caused by damaged scaffold boards
• Lack of safety measures implemented in poor weather
• Structure collapses due to incorrect assembly or overloading
• Inadequate safety training and lack of protective equipment for employees
• Items falling from scaffolding, causing injuries to people below

You might be entitled to compensation if you or a loved one was injured due to a scaffolding fall or another accident that was not your fault. To find out if you can make a scaffolding injury claim, call 0800 470 0474 for a free consultation with a legal adviser. If you prefer, you can also fill in our injury claim form to receive a no-obligation call back.

Common injuries from scaffolding falls and accidents

Scaffolding falls and accidents can result in all types of injuries, ranging from minor to severe. Some common types of harm that can lead to a scaffolding accident claim include the following:

Fractures

Fractures are some of the most common injuries resulting from scaffolding falls and accidents. They can occur in any part of the body, including the arms, legs, ribs, and back. Fractures can be very painful and cause symptoms like swelling, deformity and inability to use the affected body part. Broken bones can take months to heal and cause long-term mobility issues.

Head injuries

Head injuries can occur when a worker falls from a height and hits their head on the ground or other hard surfaces. Injuries to the head 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, resulting in damage to the spinal cord. 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 occur when a worker falls from scaffolding or is struck by falling objects. Symptoms of soft tissue injuries may include pain, swelling, stiffness, and limited range of motion. In some cases, they may require considerable physical therapy or other forms of treatment and lead to chronic pain and mobility issues.

Cuts and lacerations

Cuts and lacerations 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. In some cases, cuts and lacerations may require stitches or other medical treatment and cause permanent scarring.

Internal injuries

Scaffolding accidents can result in damage to the organs or internal bleeding that may not be immediately apparent. Symptoms of internal injuries may include pain or tenderness in the affected area, nausea or vomiting, dizziness, or difficulty breathing. It is crucial to seek medical attention after a scaffolding fall, even if there is no visible trauma.

Psychological injuries

Scaffolding falls can also have psychological effects on workers, leading to anxiety, depression, or post-traumatic stress disorder (PTSD). Symptoms of psychological injuries may include flashbacks, nightmares, difficulty sleeping or concentrating, and changes in mood or behaviour.

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.

What will I need in order to make a scaffold accident claim?

To make a successful scaffolding injury claim, your solicitor will need to prove who was responsible for your accident. They will also require evidence of the severity of any injuries you have sustained and the financial losses you have incurred as a result. Your solicitor will work closely with you to gather as much documentation, reports and evidence as possible to compile a strong case.

Evidence to support your scaffolding accident claim could include the following:

• Accident report forms or police reports, if applicable
• Information and contact details of the company responsible
• Photographic evidence of the scene and any subsequent damage that the accident caused
• Medical evidence that proves any diagnosis or treatment needs, such as copies of x-rays and medical notes
• Receipts for any treatment-related costs, prescriptions and travel expenses to medical appointments
• Witness contact details and statements where possible
• Evidence of lost wages from having time off work
• Proof of any other financial losses you have incurred as a result

According to the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 (RIDDOR), many work accidents must also be reported to the Health and Safety Executive (HSE). The report should include details of the accident, the location, the date and time, the people involved, and any injuries sustained. The purpose of this report is to ensure that the relevant authorities can investigate the accident and take steps to prevent similar accidents in the future. You can use a copy of their report to support your claim.

If your employer does not comply with the regulations for work-related injuries, you may make a Data Subject Access Request (DSAR). This request enables you to obtain a copy of all the information your employer holds about you under current UK data protection laws.

Your solicitor will be able to guide you through the claims process and advise you on any additional information that may be required.

Is there a time limit in place to make a claim for a scaffold accident?

To claim compensation for a scaffolding accident, it is necessary to start legal proceedings within three years from the date of the accident. If you leave it too late, your claim may be time-barred under the Limitations Act 1980, and you may lose your right to pursue compensation.

Solicitors urge clients 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 you are awarded for a scaffolding fall will depend upon the specific details of your case. The more serious the injuries and losses you sustained, the higher your settlement is likely to be. The compensation amount you are entitled to will take into account the following factors:

• The type and severity of the injury or injuries you have sustained
• Any loss of wages while you are recovering from your injuries
• Future loss of earnings if you suffer long-term injuries that impact your ability to work
• The cost of any medication or medical treatments, such as physiotherapy
• Transport costs related to your accident and injury, such as the cost of getting a taxi to and from hospital appointments
• Any care or support you have needed, even if given free by family and friends
• Other out-of-pocket expenses related to the injury, such as home modifications or special equipment needed for mobility

An experienced solicitor will be able to offer you a realistic guideline of the compensation you should be able to secure during your initial consultation. They will then work closely with you to gather as much evidence and documentation as possible to build a strong scaffold injury claim against the negligent party and help secure you the highest possible settlement award.

According to the Judicial College guidelines, you could be entitled to the following compensation for your pain and suffering:

• £1,880 to £10,890 for a minor head injury with recovery in a matter of weeks
• £15,320 to £26,010 for a moderately severe face injury such as a broken nose or jaw
• £56,100 to £139,210 for a severe neck injury leading to chronic pain conditions or significant disability
• £11,730 to £26,050 for a moderate back injury leading to some degree of mobility issues
• £33,430 to £111,690 for severe hips and pelvis injuries resulting in hip replacement, bowel damage and a likelihood of future surgery
• £16,380 to £33,430 for a moderate arm injury causing long-term symptoms
• £20,900 to £51,070 for a severe wrist injury causing significant disability or loss of function
• £7,780 to £12,010 for a minor leg injury such as simple fractures within recovery within a few months
• £22,340 to £37,070 for knee injuries resulting in ongoing pain or discomfort
• Up to £11,730 for a foot injury with recovery in under two years

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.

How long will a scaffolding accident claim take?

The duration of a scaffolding accident claim can vary depending on several factors, such as:

The severity of your injuries

If you require extensive medical treatment, rehabilitation, and ongoing care, your claim will likely take longer to settle. This is because your solicitor will need to wait until you know the full extent of your injuries and their long-term effects before they can accurately value your claim.

Liability

If there is a dispute over who was at fault for the accident, this can delay the settlement of your claim. Your solicitor will need to gather evidence and potentially negotiate with the other party’s insurer to establish liability.

The complexity of the case

If your case is particularly complex, this can also lengthen the time it takes to settle your claim. Examples include cases where multiple parties are involved in litigation, or there are complicated legal or medical issues.

The willingness of the other party to negotiate

If the other party is not willing to negotiate, this can delay the settlement of your claim.

Court proceedings

If your claim needs to go to court, this can significantly prolong the process, as it may take up to a year just to receive a court date.

The first step in the process is usually gathering evidence and information to support the claim, which can take several weeks or months. Once you have the necessary evidence, you can submit the claim to the defendant’s insurance company, and negotiations may begin. This stage can take several months, particularly if the insurance company disputes liability or they do not agree with the amount of compensation.

Generally, straightforward cases may be settled within a few months, while more complex ones could take several years to resolve. If you cannot settle through negotiations, it may be necessary to take the case to court, which can add significant time to the process.

Overall, the length of time it takes to resolve a scaffolding injury claim in the UK can vary widely, so it is difficult to give a definitive answer without knowing the specific details of your case. It is crucial to work with an experienced solicitor who can guide you through the process and help ensure your claim is resolved as efficiently as possible.

Can I claim compensation for a scaffolding fall using no win no fee?

Yes, it is possible to claim compensation for a scaffolding fall 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 anything to your solicitor.

The no win no fee service allows those who may not have the financial means to pursue a claim to have access to legal representation and seek justice for their injuries. This is a risk-free agreement, as you will not be responsible for paying any legal fees if your case fails.

Before starting legal proceedings, your solicitor will take out After the Events (ATE) insurance on your behalf. The ATE policy will cover all your legal fees and disbursements if you do not recover damages for your scaffolding accident, including:

• The other side’s solicitor fees
• The cost of filing your claim with the court
• Counsel fees
• The cost of hiring experts to provide evidence or testimony in support of your case
• Medical or police reports
• The cost of the ATE insurance policy

There is no financial risk to you involved in starting a scaffolding accident claim on a no win no fee basis. If you win compensation, the defendant will cover all of your legal costs, and you only have to pay a success fee to your solicitor. If your claim is unsuccessful, you are protected by the conditional fee agreement and the ATE insurance policy, and you will not have to pay anything.

Why use a personal injury solicitor?

The personal injury solicitors we work in partnership with have vast experience in handling various types of workplace accident claims, including those related to scaffolding accidents. They can help you build a strong scaffolding injury claim and achieve the highest compensation offer possible on your behalf. Furthermore, solicitors offer a host of benefits to their clients, including the following:

• Free initial consultation with no obligation to proceed
• A thorough review of your case to ensure all your losses are included in your compensation award
• Help and assistance in collecting and collating evidence to support your claim
• A no win no fee service, meaning that if for any reason your claim is unsuccessful, you will not pay a penny
• 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

We fully understand that you may find the prospect of seeking compensation intimidating and stressful. This can be especially true if the liable party is your employer. However, it is essential to keep in mind that you have a legal right to take legal action if another person or company has caused your scaffolding fall.

If you are not sure about making a scaffolding accident claim, and would only like some advice, feel free to call 0800 470 0474 for an informal chat. Alternatively, you can request a call back using the contact form below.

A friendly legal adviser will be able to answer any questions you may have and let you know how a solicitor can help you access the compensation that you rightfully deserve.