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Scaffolding Accident Claims – Eligibility, Payouts And No Win No Fee Explained

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Tracy Chick

Tracy Chick is a dedicated and expert Road Traffic Accident lawyer, holding a prestigious MASS Diploma in her field.

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Scaffolding accident claims often arise after serious accidents at work leave workers, contractors, or members of the public coping with painful injuries and financial uncertainty. Falls from height, collapsing scaffolding, falling tools, and unsafe working environments can all have life-changing consequences in an instant. These accidents can lead to lengthy recovery periods, lost income, medical expenses, and emotional stress while trying to understand what to do next.  If we can show that a third party’s actions or inactions caused your accident, you could be eligible to make a claim with one of the personal injury solicitors from our panel. Although compensation can by no means undo the harm caused, it can help provide financial support and peace of mind during an incredibly difficult time.

The solicitors on our panel here at Legal Helpline are experienced in handling scaffolding accident claims arising from falls from height, collapsing scaffolding, falling objects, unsafe platforms, and other construction site hazards. They can assess the circumstances of your accident, explain whether you may have grounds to claim compensation, and guide you through the claims process with clear, compassionate support from the outset. Our panel understands that scaffolding accidents can leave people dealing with serious physical injuries, financial pressure, and uncertainty about returning to work. That’s why the solicitors on our panel offer their services through a No Win No Fee agreement. It means that you won’t be searching for the funds to pay high upfront solicitors’ fees and can instead focus on your recovery.

Whether you have suffered a minor injury or a more serious long-term condition, Legal Helpline aims to make the claims process straightforward, accessible, and as stress-free as possible from the very beginning. To find out how we can help you, speak to an advisor now. 

Frequently Asked Questions 

  1. What Are Scaffolding Accident Claims?
  2. Can I Claim Compensation After A Scaffolding Accident?
  3. Who Would Be Liable For Scaffolding Injuries?
  4. Fatal Scaffolding Accident Compensation Claims
  5. Examples Of How A Scaffolding Accident Might Occur
  6. What Injuries Could Be Sustained After An Accident With Scaffolding?
  7. How Much Scaffolding Injury Compensation Could I Claim For?
  8. How To Bring A Compensation Claim For A Scaffolding Accident
  9. Why Claim For Injuries From Scaffolding With Legal Helpline’s Panel Of Experts?
  10. Can Scaffolding Accident Claims Be Made On A No Win No Fee Basis?
  11. Learn More

What Are Scaffolding Accident Claims?

Scaffolding accident claims are a type of accident at work claim made by those who have suffered injuries, harm or financial losses as the result of an accident whilst working on, or near, scaffolding. 

These claims can be brought against your employer, a site manager or contractor, a scaffolding company, a property owner, an equipment manufacturer or even a local authority in certain circumstances. 

Compensation in these claims aims to cover economic losses such as lost earnings, medical expenses, rehabilitation costs and also aims to compensate you for the physical pain and suffering felt after your injuries. 

To learn how you could be eligible to seek compensation in your own scaffolding injury claim, please get in touch with our advisory team today.

Scaffolding pipe clamps and parts on a construction site

Can I Claim Compensation After A Scaffolding Accident?

Yes, you could claim compensation after a scaffolding accident provided that we can show that someone else’s negligent actions caused your injuries. In essence, all scaffolding accident claims must meet the following eligibility criteria to proceed:

You Were Owed a Duty of Care

Employers, site managers, property owners and scaffolding manufacturers owe those working on scaffolding a strict duty of care. Per this, responsible parties must take all reasonable steps to ensure that scaffolding is erected safely, inspected regularly and maintained in accordance with appropriate legislation, which we discuss below in more detail.

This Duty Was Breached

A breach of duty in scaffolding accident claims can arise if an employer or other responsible party fails to provide a safe and adequate working environment. Some breaches could include faulty erecting of scaffolding, inadequate workplace training or failure to follow regulations.

The Breach Led To Your Injuries

The final component that must be shown is that the breach of duty directly resulted in your injuries. If eligible, you could recover compensation for any injuries sustained, whether minor or serious, or even psychological damage. Additionally, you’re able to seek compensation for multiple injuries, provided that they are medically recognised. 

For a free case assessment to find out in minutes whether you’d be eligible to claim compensation with a solicitor from our panel at Legal Helpline, please get in touch with our advisory team today.

Who Would Be Liable For Scaffolding Injuries?

Liability for scaffolding injuries can rest with different parties, depending on who was responsible for the safety and control of the scaffolding. Below, we set out the relevant legislation that places duties on responsible parties:

Employers

Under the Health and Safety at Work etc Act 1974, employers have a legal obligation to take all reasonable steps to protect the safety and welfare of their employees. They could be liable for scaffolding injuries if they provided inadequate training, inappropriate personal protective equipment, or failed to risk assess the environment and implement measures to remove or control hazards.

Contractors or Site Managers

Under the Construction (Design and Management) Regulations 2015, those in control of any construction work must ensure that it is carried out safely. This can include appropriate planning, supervision and ensuring that scaffolding is properly managed and safe for work.

Scaffolding Companies 

Additionally, under both the Work at Height Regulations 2005 and the Construction (Design and Management) Regulations 2015, specialist scaffolding contractors or companies can be held responsible for injuries if the structure itself was unsafe, incorrectly assembled or not properly inspected. 

Self-Employed Workers

Any self-employed individuals must ensure their own safety whilst also making sure that their work doesn’t put others at risk, under the Health and Safety at Work etc Act 1974. They’re still eligible to seek compensation if it can be shown that another party’s negligence led to a scaffolding accident. 

Another Company’s Worker or Ladder (Third Party Employers)

If you were injured after using equipment or working with another company’s employees, that employer could be responsible under the Health and Safety at Work etc Act 1974, if they failed to protect non-employees that could have been affected by their negligence.

Property Owners or Occupiers

Under the Occupiers’ Liability Act 1957, the parties in control of a premises owe any visitors a duty of care to ensure that it is reasonably safe. If they fail to do so, for example by failing to maintain the premises, they could be liable for scaffolding injuries.

Equipment Manufacturers or Suppliers

Per the Consumer Protection Act 1987, if scaffolding or ladders are defective, liability might fall to manufacturers who have provided defective products.

Local Councils or Authorities

Under the Highways Act 1980, if scaffolding is placed on public roads or land, councils could be responsible for injuries sustained as a result of poorly maintained public areas. 

Liability in scaffolding accident claims can often be shared between multiple parties. It is fully dependent on who had control over the work being done, who owed you a duty of care and how safety regulations were adhered to in practice. 

Get in touch with our advisors today to explore who might be liable for your scaffolding accident, and learn how a solicitor from our panel could help you recover much-needed compensation.

A large concrete pillar and a scaffolding site with netting for safety

Fatal Scaffolding Accident Compensation Claims

Fatal scaffolding accident claims can be made if the negligent actions of a third party resulted in someone’s death. However, in the first 6 months after the death, the deceased’s estate is the only eligible party able to make a claim under the Law Reform (Miscellaneous Provisions) Act 1934.

This claim can be made for the prior pain, suffering and financial losses caused to the deceased, but the estate also has the power to make a claim on behalf of the dependents of the deceased.

However, if a claim hasn’t been made on behalf of the dependents within this initial 6-month period, then qualifying relatives can recover compensation for the impact that the death has had on them, per the Fatal Accidents Act 1976.

Here at Legal Expert, we understand that starting a fatal accident claim can be complicated, which is why specialist solicitors from our panel are here to help. With a sensitive approach from the very beginning, we can help you take the first steps in starting a fatal scaffolding accident claim.

Get in touch with our advisory team today for more information.

Examples Of How A Scaffolding Accident Might Occur

Scaffolding accidents often stem from a failure to follow safety regulations, faulty equipment or inadequate workplace training.

Examples of these accidents can include if:

  • Your employer has advised you to place tools on the scaffolding that you’re working on. Due to inadequate training, you overload the platform meaning that the load capacity is exceeded, this causes the scaffolding to collapse, leading to a serious fall from height. You suffer a life-changing spinal cord injury that causes paralysis.
  • Whilst working on a construction site, the manager didn’t properly assess the ground that the scaffolding was erected on. This failure to risk assess meant that the scaffolding was placed on unstable ground without appropriate mudsills and base plates. As a result, the scaffolding collapsed causing multiple employees to suffer severe injuries, including head injuries and broken bones.
  • A scaffolding company improperly installed scaffolding, meaning that defects were not noticed. Some loose bolts caused a platform to collapse, causing you to become crushed under the scaffolding itself. You suffered a severe injury to your leg, which later necessitated an amputation.

These are only a few of the ways in which a scaffolding accident can occur, so to discuss how your own incident took place, please get in touch with our advisors today.

What Injuries Could Be Sustained After An Accident With Scaffolding?

Scaffolding accidents typically result in severe, life-altering injuries due to falls from height, structural collapses or falling objects or debris. 

Common injuries could include:

These aren’t the only injuries that can be sustained in a scaffolding accident, so to discuss your own personal experience, please get in touch with our advisory team today. 

How Much Scaffolding Injury Compensation Could I Claim For?

How much compensation you could claim for a scaffolding accident will depend on the types of injuries you sustained, the severity of these injuries and the impact that they have had on your daily life. As well as this, in successful scaffolding accident claims, compensation can be made up of two different parts. These are called general and special damages.

The first type of compensation aims to offer financial redress for the physical pain, suffering and any loss of amenity or reduction in your quality of life. Whilst the above considerations can be taken into account, professionals can also consider documentation such as the Judicial College Guidelines (JCG) when calculating general damages. 

This is a framework offering categories of injuries and severities, whilst providing guideline brackets of compensation. We’ve taken some of these figures for our table below, but please note that the top entry hasn’t been taken from the JCG, and our table is suggestive only and not a guarantee of compensation. 

Injury SeverityCompensation
Multiple Serious Injuries + Special DamagesVarious very severe injuries as well as financial losses including lost income, home adaptations and professional care costsUp to £1,000,000+
Paralysis Tetraplegia - the injured person will have lost sensory awareness and the ability to communicate will be reduced£428,850 to £533,720
Paraplegia - the award will be impacted by the degree of pain, the level of independence and the injured person's age and life expectancy £289,420 to £375,540
Brain DamageVery Severe - there may be very limited ability to follow basic commands, but very restricted if any response to environment£372,570 to £533,720
Moderately Severe - severe level of disablement, with a large dependence on others and a requirement for professional care£289,420 to £372,570
Leg AmputationBelow-Knee Amputation of Both Legs - awards will be impacted by the level of amputation, and the severity of psychological problems£266,200 to £356,840
Back InjuriesSevere (i) - the most serious back injuries involving spinal cord damage and nerve root damage£120,340 to £212,670
Neck InjuriesSevere (i) - associated with incomplete paraplegia or resulted permanent spastic quadriparesisIn the region of £195,970
Pelvis and HipsSevere (i) - extensive fractures including the dislocation of a lower back joint and a ruptured bladder£103,580 to £172,970
Chest InjuriesSerious (b) - traumatic injury to chest, lung or heart causing permanent impairment of function and physical disability£86,860 to £133,000

Can Scaffolding Accident Claims Cover Other Damages?

Yes, scaffolding accident claims can also cover financial damages. This part of a claim is known as special damages and these expenses can be recovered if we can show that your injury resulted in documented economic losses. This head of loss aims to offer financial relief, covering costs such as:

  • Loss of earnings if your scaffolding accident has reduced your ability to work, such as if you’ve suffered permanent injuries affecting your mobility, you’d now be unable to perform your job role in the same way that you could before the accident
  • Future lost earnings, particularly if your earning capacity has been affected or if your employment prospects have changed after your injuries
  • Medical expenses, including any ongoing prescriptions, private treatments you’ve opted for or any other relevant medical expenses related to your injuries
  • Home adaptations, such as a wheelchair ramp if, for example, scaffolding collapsed on you
  • Care costs, this includes private professional care, domestic assistance or gratuitous help from friends or relatives
  • Specialist equipment, including prosthetics if limbs have been lost, wheelchairs or other aids that can help improve accessibility and mobility
  • Travel costs, including fuel or taxis to and from medical appointments

In order to seek these special damages, you will need evidence of these financial losses. This usually includes payslips, bank statements, invoices and receipts, all of which we can help you to gather. 

Get in touch with our advisory team today to find out more about what you could claim for. 

A construction and scaffolding site

How To Bring A Compensation Claim For A Scaffolding Accident

In order for you to bring a compensation claim for a scaffolding accident, you will need evidence that proves how your injuries were sustained. Additionally, as part of the scaffolding accident claims process, you must ensure that your claim is started within the time limits.

How To Prove Fault For Scaffolding Injuries

When proving fault for scaffolding injuries, the evidence needed could include:

  • A copy of the accident report, detailing how the accident occurred
  • Comprehensive medical records showing the injuries sustained, any treatments and prescriptions provided
  • The findings from an independent medical assessment which can help show the full extent of your injuries and the effect they may have had on your daily life
  • Copies of inspection records, or technical documentation indicating when the scaffolding was last inspected
  • Contact details of any witnesses who can provide a statement at a later date

A solicitor from our panel here at Legal Helpline could support you in obtaining these documents to build a reliable body of evidence to support your scaffolding compensation claim.

How Long After An Accident With Scaffolding Can Compensation Be Claimed?

After a scaffolding accident, you will generally have 3 years from the date of the incident to claim compensation. This time limit is established under the Limitation Act 1980, however, there are certain circumstances where this limitation period can be suspended.

For claimants who are unable to claim within this period, their time limit can be extended, so to learn more about how the time limits would be applied to your own claim, please don’t hesitate to get in touch with a Legal Helpline advisor today.

A specialist scaffolding accident solicitor discusses how to make a claim with their client

Why Claim For Injuries From Scaffolding With Legal Helpline’s Panel Of Experts?

Claiming for scaffolding injuries with Legal Helpline can be invaluable. With specialist solicitors from our panel, you could rest assured that your claim would be in expert hands. Our years of education and experience mean that we’re able to provide you with a holistic service, including endless support tailored to your personal circumstances.

We understand that making a claim can feel daunting, especially if you’re now faced with concerns about the future and dealing with detrimental physical injuries. This is why having a solicitor from our panel who understands how to ensure your physical and mental needs are met can make a huge difference when claiming scaffolding accident compensation.

By choosing to work with a solicitor from our panel at Legal Helpline, you could expect:

  • Investigating whether unsafe scaffolding, missing guardrails, poor maintenance, or inadequate site inspections contributed to your accident.
  • Gathering construction site evidence such as accident book entries, CCTV footage, witness statements, scaffolding inspection records, and Health and Safety Executive reports, where available.
  • Arranging independent medical assessments to understand the full impact of injuries caused the scaffolding accident, including fractures, spinal injuries, head injuries, and psychological trauma.
  • Supporting claims for lost earnings, reduced future earning capacity, rehabilitation costs, travel expenses, and any care or assistance needed during recovery.
  • Negotiating with employers, insurers, or third-party contractors to pursue compensation that reflects the seriousness of your injuries and the long-term impact the accident has had on your daily life and ability to work.

Additionally, a solicitor from our panel could assist you in gathering and obtaining relevant documents to build an unshakeable case. Get in touch with an advisor today for more information about how our expert panel of solicitors could help you.

Can Scaffolding Accident Claims Be Made On A No Win No Fee Basis?

Yes,  scaffolding accident claims can be made on a No Win No Fee basis with a solicitor from our panel. This offers some benefits to our clients because it utilises a contract called a Conditional Fee Agreement.

Claiming this way would mean that in practice, you’d have no upfront service payments needed for a solicitor from our panel to take on your compensation claim. 

Moreover, you wouldn’t be required to make ongoing service payments whilst your claim was progressing, and you’d have nothing to pay for the work of your solicitor if your claim was unsuccessful. This provides our clients with a sense of financial security, as there aren’t huge legal fees to pay for Legal Helpline to support you through your own scaffolding accident compensation claim. 

If your claim was won, then a predetermined percentage would be taken from your compensation. This is discussed with you before your claim begins, to ensure that you understand our success fee, and are provided with vital information before you decide to continue with your claim.

Additionally, this success fee is limited under the Conditional Fee Agreements Order 2013, to make sure that you receive the bulk of your compensation.

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  • Tracey Chick author - Legal Helpline

    Tracy Chick is a dedicated and expert Road Traffic Accident lawyer, holding a prestigious MASS Diploma in her field. When she's not immersed in the complexities of legal cases, Tracy loves to be outdoors, particularly enjoying any kind of water-related activity.

    View all posts Road Traffic Accidents Lawyer