Guide To Making Scaffolding Accident Compensation Claims

Last updated 5th July 2023. By Lewis Winehouse. This article will look at how to claim compensation for a scaffolding accident. When you’re in the workplace, your employer has a duty of care towards you. If this is breached, then you may suffer scaffolding injuries.

If you work in an environment where scaffolding is used, such as a construction site, then your employer needs to take certain reasonable steps to prevent you from being injured. We will take a closer look at what these steps are later on in this guide.

Scaffolding accident claim

Scaffolding accident claim guide

If a scaffolding-related accident has resulted in you being harmed, you may be entitled to claim personal injury compensation. Please contact Legal Helpline to learn more. Our advisors can tell you in just one phone call if you’re able to make a scaffolding accident claim.

If you potentially have a legitimate scaffolding injury claim, we can put you through to a solicitor from our panel who can work your case on a No Win No Fee basis.

Please speak to us to see if you can claim:

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What Could Cause A Scaffolding Accident?

As we have already mentioned, your employer owes you a duty of care. This means that they need to take reasonably practicable steps to ensure your safety in the workplace. The duty of care that they owe is set out in the Health and Safety at Work etc. Act 1974.

They need to take reasonable steps to prevent injury to workers. Some of the steps that they can take include:

  • Providing personal protective equipment (PPE). If you’re not provided with sufficient personal protective equipment, you could suffer a serious injury. For example, if a piece of scaffolding comes loose, a worker can be hit by a falling object. If the worker’s employer did not supply them with a hard hat, they could sustain a head injury.
  • Workers who construct scaffolding or work on scaffolding should be trained to do so. If training is not provided, then the scaffolding could be poorly constructed, causing a worker to fall from a height and suffer from a broken pelvis.
  • Frequently ensuring that the scaffolding has been erected correctly. If there has been an error as to how it is constructed, this could lead to a scaffolding collapse that could cause many serious injuries.
  • Maintain good housekeeping. Although scaffolding structures are often erected outdoors, there are still things that employers can do to prevent hazards from forming. For example, they could ensure that any spills that could result in a slip, trip or fall are cleaned up in a reasonable time.

These are just a few examples of how scaffolding accidents could be caused by employer negligence. For more information about scaffolding accident claims, speak with our team today.

Scaffolding Safety Statistics

Out of the 51,211 accidents reported to the Health and Safety Executive under the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 in 2020/21, 3,464 occurred in the construction industry. Of these:

  • 186 involved being struck with a moving, falling or flying object
  • 681 involved falls from a height
  • 34 were caused by being trapped by something collapsing or overturning

These statistics don’t show how many of these accidents happened because of or on scaffolding. These statistics relate to reported accidents overall.

Types Of Scaffolding Accidents

Below, we have included some of the kinds of scaffolding accidents that could occur at the workplace:

  • Trips and falls could occur because of poorly maintained surfaces, clutter and a lack of non-slip shoes.
  • Falls from a height could occur if scaffolding is poorly constructed
  • A piece of scaffolding could come loose and fall on a worker, causing crush injuries, broken bones or organ damage.

This is not an exhaustive list of the ways in which someone could be injured in a scaffolding accident. If you’re wondering whether your circumstances could entitle you to make a claim, speak with an advisor today.

What Are The Regulations For Scaffolding?

As we have mentioned, employers must adhere to the HASAWA. However, while this is the central piece of legislation that outlines an employer’s duty of care, other laws outline how employers should act.

One of these laws is the Work at Height Regulations 2005. This states that work carried out at a height should be properly planned, supervised and carried out by someone competent. The following should be considered by employers who plan work at a height:

  • Whether any weather conditions could compromise worker safety
  • Whether the space is safe to work on
  • Could any materials or objects fall and injure someone?
  • Whether materials are stored to prevent injury if they’re disturbed

Therefore, if scaffold accidents are caused by your employer not hiring someone competent to assess the safety of the workplace, you may be able to claim. Due to often working at a height in these environments, a scaffolding injury claim could be required to cover the extensive costs of treatment for the serious injury caused.

To learn more about accident claims, in general, or to see if you’re eligible to claim compensation, contact us for free using the above details.

Can A Member Of The Public Claim For Scaffolding Accidents?

Section 3 of the HASAWA places a duty of care on employers to those other than the people who work for them. This means that they have a responsibility to prevent members of the public from coming to harm. If you were injured in a public place because of scaffolding accident, and this occurred because of a breach of duty of care, you could be entitled to claim.

Please contact us to see if you are eligible to claim compensation for scaffolding-related injuries. If we believe that your claim could have a good chance of success, our panel of solicitors can work on your compensation claim.

scaffolding accident claims

Learn more about making scaffolding accident claims

What Evidence Could Be Used In Scaffolding Accident Claims?

In scaffolding accident claims, evidence is crucial. To claim for scaffold accidents, as with any accident, you need to be able to prove that your injuries were caused by third-party negligence. You do that by providing evidence.

Potential evidence that could be used in a scaffolding accident compensation claim includes:

  • Photographs of your injury, the accident site and your recovery. This can help highlight how the injury happened and the extent to which it has impacted you.
  • Medical records. Copies of scans and doctor’s notes can illustrate the negative impact the accident has had on you. This can be crucial evidence in a scaffolding accident claim.
  • An accident report. With serious accidents, your employer will always need to report the incident to the Health and Safety Executive (HSE). You can get a copy of this report to help explain what caused the accident.
  • Contact details of potential witnesses. In a scaffolding injury claim, your solicitor can contact them and take witness statements on your behalf to help build your case.
  • CCTV footage. If the accident is caught by a CCTV camera, this can clearly show how the accident occurred.

These are only examples of some of the evidence that could be used in accident claims. To learn more, please contact us for free using the details above. After discussing the claim with one of our advisors, a No Win No Fee solicitor from our panel may be able to help you.

What Is The Time Limit For Scaffolding Accident Claims?

As part of the scaffolding accident claims process, it is important that you claim for a scaffolding injury within the limitation period. Typically, under the Limitation Act 1980, you have three years from the date of the accident to start a personal injury claim.

Under certain circumstances, there may be exceptions made to the time limit. For example:

  • If a minor under the age of 18 sustains a personal injury, the three-year time limit does not begin until their eighteenth birthday. They will then have three years from this date to start their claim, provided one hasn’t already been made for them.
  • If a claimant lacks the mental capacity to start their claim, the limitation period is indefinitely suspended. If they recover the capacity to claim, they will have three years to do so from the recovery date.

A litigation friend may make a claim on behalf of a child or someone who does not have the mental capacity to begin their claim. However, they must act in the best interest of the claimant and should make fair and competent decisions about their case. The courts can appoint a suitable person to act as a litigation friend to claim on behalf of the injured person while the time limit is paused.

If you have additional queries about claiming for a scaffold accident, please contact us for free using the details above.

Scaffolding Accident Compensation Calculator

If a scaffolding accident harmed you, you might be eligible for compensation. If your claim succeeds, you can potentially receive up to two heads of claim.

General damages could compensate you for the pain and suffering caused by your injuries. If you have been injured in a scaffolding accident, the injuries you have suffered could be serious. How much compensation you receive can be based on factors such as:

  • How serious the injury is.
  • To what extent it has impacted your everyday life.
  • The extent of your recovery period.
  • Whether the scaffold accident has led to any permanent injuries.
  • Whether you have suffered multiple injuries. For example, if you have been involved in a scaffolding collapse, you may have suffered several injuries due to the fall from height. If you have, you can claim for all injuries caused as long as you can prove they were caused by the same act of negligence.

You can use our compensation table instead of an accident at work claims calculator to estimate how much compensation you could claim. The table includes estimates for general damages compensation. The brackets are based on the 16th edition of the Judicial College Guidelines, which were updated in 2022.

Brain and head injury (A) Very SevereA variety of factors such as general life expectancy, degree of insight, sensory impairment and the degree of physical limitations will affect what could be paid out.£282,010 to £403,990
Brain and head injury (C) (i) ModerateThere is a severe to moderate level of intellectual deficiency as well as impacts on senses such as sight.£150,110 to £219,070
Loss of sight in one eye (E)Damages may be at the top of the bracket where there is scarring which is not sufficient to warrant its own award.£49,270 to £54,830
Loss of hearing in one ear (C)If the person also suffers headaches, tinnitus or dizziness the payout could be at the top of the award bracket.£31,310 to £45,540
Bowel injury (E)Where the person sustained a penetrating injury which affects the bowels.£12,590 to £24,480
Hernia (A)A hernia injury which causes pain and which limits the person's movement.£14,900 to £24,170
Psychological injuries and illnesses (C) ModerateThe person may have suffered psychological injuries from which they are recovering by the time of a trial.£5,860 to £19,070
Back injury severe (i)The most severe types of back injuries such as those damaging the spinal cord.£91,090 to £160,980
Back injury severe (ii)Back injuries which have a special feature such as damage to the nerve roots.£74,160 to £88,430
Back injury severe (iii)Cases of a fractured disc in the spine.£38,780 to £69,730

However, please take the contents of the table as advisory. This is because many different factors can influence the outcome of a compensation claim. If you contact Legal Helpline today, our team can estimate what your compensation settlement could be worth.

Can You Claim For Financial Losses After A Scaffold Accident?

Special damages could compensate you for unavoidable financial losses associated with your injuries, such as a loss of earnings if you have had to take time off work because of your injuries.

If you have been injured in a scaffolding accident, the potentially serious nature of the injury could cause you to suffer many financial losses. As long as you’re able to prove that your scaffold accident was caused by employer negligence, you may also be able to claim for financial losses.

As already mentioned, you could claim for loss of earnings. Other potential financial losses you could claim in scaffolding accident claims include:

  • Medical expenses and prescription costs
  • Costs of rehabilitation
  • Costs of house or vehicle amendments due to the injury
  • Travel expenses
  • Care costs – if, for instance, you need to have temporary or permanent care due to the extent of your injuries.

These are only examples of some of the financial losses you could claim after a scaffolding injury. To learn more about them or to see if you can claim, contact us for free using the above details.

Why Make A Scaffolding Accident Claim With Legal Helpline?

There are many advantages to letting us help you claim compensation. First of all, our panel of solicitors has relevant experience taking care of accident at work claims. Secondly, we can give you free legal advice about claiming.

Finally, our panel of solicitors handle claims on a No Win No Fee basis. Read on for more information on what this means.

The Benefits Of No Win No Fee Injury Claims

Making a No Win No Fee claim with a solicitor can prove to be the more financially beneficial way of claiming compensation. This is because, through the traditional method, accident claims can turn out to be expensive endeavours due to potential upfront and ongoing legal fees.

If you’re offered a kind of No Win No Fee agreement called a Conditional Fee Agreement, this means that:

  • You won’t have to pay any upfront or ongoing legal fees to your solicitor.
  • You don’t have to worry about paying your solicitor’s legal fees until you receive compensation. Their legal fees are covered by a success fee. This is a legally capped percentage of your settlement that they will take at the end of the scaffolding accident claim.
  • If you’re not awarded compensation, then you don’t have to pay for your solicitor’s legal fees.

You can contact us today to enquire about claiming compensation after a scaffolding accident:

  • Call 0161 696 9685 to speak to a claims advisor
  • Request a call back online; just fill out our online claims form
  • Ask a question using our online advice widget

Construction And Warehouse Accident Claim Resources

Please feel free to read these resources to learn more about making a claim.

Warehouse Accident Claims – How Much Compensation Can I Claim?

How Much Could I Claim For A Construction Accident?

Forklift Accident Claims Explained

Defective Work Equipment Accident and Injury Claims

Do You Have To Be An Employee To Make A Work Accident Claim?

Slip, Trip And Fall Workplace Accident Claims

Can I Claim For A Self-Employed Accident At Work?

Statutory Sick Pay – Government guide

Safe use of ladders and stepladders – an HSE guide

How do I know if I’ve broken a bone? – NHS advice

If you have any more questions about claiming for injuries sustained in a scaffolding accident, speak with an advisor today.

Written by HC

Edited by FS