Construction work can be dangerous. According to data published by the Health and Safety Executive (HSE), 4038 non-fatal construction accidents occurred in the construction industry between 2022/23, 809 of which were falls from height. If you have fallen from a height due to faulty scaffolding, or been involved in any type of scaffolding accident, this guide discusses when scaffolding accident claims could be made.
We will examine the eligibility criteria to claim compensation following a scaffolding accident at work. You will also see some examples of how such accidents could occur and lead to a construction injury claim.
A question that is no doubt on your mind is, “What could my scaffolding accident claim be worth?” We have included information on how personal injury compensation is calculated under the two relevant heads of loss. Towards the end of the guide, you will find a short overview of the No Win No Fee contract offered by our panel of expert solicitors.
We appreciate that this guide contains a lot of information, and you surely have questions. You can reach our advisory team at any time using the contact details given here. In addition to offering further guidance, our team can assess your eligibility to begin a scaffolding accident compensation claim for free.
Get in touch with us today via:
- Calling 0330 043 3679
- Using our online “contact us” form.
- Asking a question using the live chat.
Browse This Guide
- Can I Make A Scaffolding Accident Claim?
- What Incidents Could Lead To Scaffolding Accident Claims?
- How Do I Prove I Was Injured In A Scaffolding Accident?
- How Much Compensation For Scaffolding Accident Claims?
- Why Choose Us To Help You Claim Scaffolding Accident Compensation?
- Read More About Accident At Work Claims
Can I Make A Scaffolding Accident Claim?
Your employer has a duty of care to you while you are at work. The Health and Safety At Work etc. Act 1974 stipulates that employers must take reasonable steps to ensure the safety of their staff. This could include providing sufficient training and performing regular risk assessments.
Additionally, since scaffolding is manly used on construction sites, The Construction (Design and Management) Regulations 2015, help those in control of construction sites to maintain high health and safety standards.
Various different companies could be working on a construction site at one given time, such as scaffolding and electric companies. There may also be a main contractor and site manager if these roles are not performed by your employer. Each of these individuals may owe you a duty of care. Depending on who owed you a duty of care at the time of the accident will affect who you make your claim against.
However, all scaffolding accident claims must meet the following eligibility requirements to be considered valid:
- You were owed a duty of care at the time of your accident.
- This duty was breached. For example, not risk assessments were carried out.
- You were injured in a scaffolding accident as a result of this breach.
Other health and safety laws that may apply when making a work injury claim in the construction sector are:
- The Provision and Use Work Equipment Regulations 1998 stipulate that all work equipment must be adequately maintained and that the correct training must be provided.
- The Work at Height Regulations 2005 concerns how an employer should ensure those working above ground level, including on scaffolding, can do so in a way that is safe and does not put them at unnecessary risk.
To see whether you may be able to make a claim for your scaffolding injuries you can contact our advisors.
What Incidents Could Lead To Scaffolding Accident Claims?
Some examples of accidents that may lead to scaffolding accident claims include:
- Your employer failed to to perform a risk assessment of the scaffolding, and consequently, failed to notice a platform was not attached properly. You went up the scaffold to attach some outdoor lighting when the platform gave way. You experienced multiple broken bones after falling from a substantial height.
- A lack of maintenance checks meant a faulty connector was not replaced before work started. While you were checking tools before heading up the scaffold, the connector failed, and a piece of scaffold fell and hit you on the head, resulting in substantial brain damage.
- Those in control of the construction site failed to create designated pathways for lorries and other onsite vehicles to drive on. This caused a lorry to collide with the scaffold you were working on, causing a major scaffolding collapse. You sustained multiple very serious injuries in the fall.
There are several other circumstances where a scaffolding injury could occur. To check if you could make a claim in your particular circumstances, talk to an advisor today.
How Do I Prove I Was Injured In A Scaffolding Accident?
Successful scaffolding accident claims will require supporting evidence to be submitted. This evidence will be used to show who was liable, as well as highlight the extent of your injuries.
Examples of such proof include:
- Medical records: Your medical records should detail the scaffolding accident injuries sustained and the treatments they have received.
- Accident Book: you can take a copy of your incident report from the workplace accident book.
- Witness statements: any colleagues who saw the accident could provide a statement. Be sure to take down their contact information so their statements can be taken at a later date.
- Workplace documents: Training and maintenance records can be used to show these actions were not taken or performed incorrectly.
- Video footage and photographs: If available, you can request a copy of any CCTV footage showing the accident. You can also take photographs of your injuries and the immediate scene.
Working with a solicitor when collecting evidence may be of considerable benefit to you. As well as helping you collect thorough proof, a solicitor can help ensure your claim is made within the correct time limit.
To get connected with one of the expert solicitors from our panel, contact our team for your free eligibility assessment today.
How Much Compensation For Scaffolding Accident Claims?
Compensation in successful scaffolding accident claims can be awarded under two heads of loss; general and special damages. We’ll look at the special damages later in this section, but general damages awards for the pain and suffering caused by your injuries.
Calculating a possible value for your injuries is one of the many things a solicitor could assist you with. Those assigned this responsibility can refer to your provided medical records along with the Judicial College Guidelines (JCG).
The JCG is a detailed publication that contains guideline compensation brackets for various injuries. We have used some relevant guidelines in our table here, with the exception of the first entry.
Compensation Table
Please be advised that this table has been provided for guidance purposes only.
| Injury Type | Severity | Guideline Compensation Value | Notes |
|---|---|---|---|
| Multiple Very Severe Injuries With Additional Special Damages Payments | Very Severe | Up to £1,000,000 + | Multiple very severe injuries as well as significant special damages payments for lost income, care needs and medical bills. |
| Brain Damage | Very Severe (a) | £344,150 to £493,000 | Little to no environmental response or language function and need for full time nursing care. |
| Moderately Severe (b) | £267,340 to £344,150 | Very serious disability that may be physical, such as paralysis, or cognitive, with substantial impairment of both intellect and personality. | |
| Back Injuries | Severe (a)(i) | £111,150 to £196,450 | The most severe injuries involving both spinal cord and nerve root damage. |
| Injuries to the Pelvis | Severe (a)(i) | £95,680 to £159,770 | Extensive pelvic fractures involving, for example the dislocation of a low back join with a ruptured bladder. |
| Moderate (b)(i) | £32,450 to £47,810 | Cases involving a significant injury but no permanent disability. | |
| Arm Injuries | Less Severe (c) | £23,430 to £47,810 | Injuries that previously caused severe disability but the injured person has recovered substantially. |
| Leg Injuries | Less Serious (c)(ii) | £11,120 to £17,180 | Simple femur fracture with no articular surface damage. |
| Shoulder Injuries | Moderate (c) | £9,630 to £15,580 | Frozen shoulder with limited movement and discomfort persisting for around 2 years. |
Special Damages In Personal Injury Claims
Special damages is the second of the two heads of loss and compensates for financial losses caused by your injuries.
Payments under this heading are very often higher than those awarded under general damages. We have given some examples of such costs here.
- If your injuries require you to take time off work, you may be able to claim for this loss of earnings.
- Once you return to work, but have been advised by doctors not to drive yourself, you could receive payments for public transport.
- You may need care or other assistance within your home, such as with cleaning or food preparation.
- Your home may also require mobility aids to be installed such as ramps or stairlifts.
In order to claim special damages, you will need to provide supporting documentation. Remember to keep hold of your payslips, any invoices, receipts or other bills that show you incurred these losses.
As personal injury claims are calculated on a case-by-case basis, we cannot provide any guarantees regarding compensation here. To get a more detailed and personalised estimate of the potential value of your claim, and for a free assessment of your eligibility, contact our advisors today.
Why Choose Us To Help You Claim Scaffolding Accident Compensation?
One of the personal injury solicitors on our panel could help guide you through the scaffolding accident claims process, provided that you have a valid case.
Additionally, a solicitor from our panel could offer you a Conditional Fee Agreement (CFA). This No Win No Fee contract means there will be no fees to pay at the start or during the claim for the solicitor’s work on your case. You will also not pay for the work they have provided if the claim fails.
If, however, your claim does succeed, you will receive personal injury compensation. A percentage of this compensation will be taken as the solicitor’s success fee. The law caps how much this percentage can be.
We appreciate that this guide contains a lot of information, and that you may still have some questions. You can reach our advisory team at any time to discuss your case, ask your questions and receive free advice.
Get in touch with us today via:
- Calling 0330 043 3679
- Using our online “contact us” form.
- Using the live chat.
Read More About Accident At Work Claims
You can read more about making a personal injury by reading these guides:
- Learn more about claiming for an arm injury in construction work on our website.
- Read our construction accident compensation case study guide here.
- Find out more about making a serious back injury claim with this guide.
We have also provided some external resources for additional information:
- Read the guidance on first aid from the NHS.
- You may be entitled to claim Statutory Sick Pay following an accident. Find out more from Gov.UK.
- A scaffolding checklist from the HSE regarding proper construction and maintenance of scaffolding.
Thank you for taking the time to read our guide to scaffolding accident claims. To see whether you may have a valid claim, you can contact our advisors.