Scaffolding Accident Claims – A Guide to Claiming Compensation

You might think that as scaffolding involves working at height, any injuries sustained in accidents are just part and parcel of the job. However, while working on scaffolding can be dangerous, your employer has a legal duty to try and keep their scaffolders as safe as possible. As such, if you are injured in an avoidable accident, your employer may need to compensate you for your suffering. Therefore, we’ve written this article to answer some of the most common questions about scaffolding accident claims.

We also offer a free initial consultation to assess whether your scaffolding accident might lead to a compensation claim. During your call, you’ll receive no-obligation legal advice to help you understand your options. If there is a reasonable chance of success, your claim could be taken on by one of our accident-at-work solicitors. If that happens, they’ll provide a No Win, No Fee service.

To discuss your scaffolding accident claim with us today you can:

• Phone us free on 0333 241 2519.
• Use our live chat service to connect with a member of our team.

Please read on for more about scaffolding injury claims but feel free to call if you need any further advice.

Can I Make a Claim for a Scaffolding Accident at Work?

While you’re working on scaffolding, your employer has a duty of care towards your safety. This is established by laws such as the Health and Safety at Work etc. Act 1974.

This means that your employer should:

• Provide personal protective equipment (PPE) where needed i.e. safety boots, hard hats etc.
• Train you on how to work at height safely.
• Inspect the scaffolding regularly and try to spot any removable dangers.
• Ensure warning signs are fitted to the scaffolding where required.

If your employer fails to uphold their duty, they could be deemed negligent and this could entitle you to claim compensation for any subsequent injuries. The eligibility criteria that need to be met in scaffolding accident claims are:

• Did your employer owe you a duty of care?
• Did you have an accident because your employer was negligent?
• Were you injured as a consequence of that accident?
• Was the scaffolding accident within the last three years?

If you can answer yes to these questions, we could help you begin a scaffold accident compensation claim so please feel free to call.

Types of Scaffolding Accidents We Can Help With

Any of the following scaffolding accidents could lead to an accident at work claim if they occurred due to your employer’s negligence:

• A collapsed scaffold – caused by defective equipment, poor design or failure to erect the structure safely.
• Falls from height – due to a damaged scaffold ladder or missing handrails for example.
• Lack of training – i.e. if you’ve not been trained in accordance with the Work at Height Regulations 2005.
• Scaffolding slips, trips and falls – caused by uneven or raised boards, materials or equipment left on walkways or being forced to work in adverse weather conditions.

Scaffolding accident claims can be linked to a range of injuries including broken bones, torn muscles, head trauma, lacerations and other injuries. Our team can help you whether you’ve sustained a minor injury or one that is life-changing. Similarly, they could help if you’ve lost a loved one in a fatal scaffolding accident.

Please call today for free advice on your next steps.

What Should I Do if I’m a Scaffolder Injured at Work?

Following any type of scaffolding accident at work, you should:

• Tell your employer about what happened and ensure the incident is logged.
• Seek treatment for any injuries – this may require more than first aid so visit a hospital if needed.
• Write down as much as you can remember about the accident while it’s fresh in your mind.
• Comply with any Health and Safety Executive (HSE) investigation if one is conducted.

As a scaffolder, you might be contractually obliged to carry out the steps above so you should act as soon as possible following your accident. Also, taking the steps listed could help you if you later decide to start a scaffolding accident claim.

What Evidence Can Help With Scaffolding Accident Claims?

To support any type of construction site accident claim, it’s a good idea to collect evidence. This must prove who was responsible for the accident, how it occurred and what injuries were sustained.

As such, the types of evidence that could strengthen scaffolding accident claims include:

• Medical records and a list of treatments that were required.
• CCTV footage of the accident where available.
• Contact information for witnesses to the accident.
• Your copy of the company’s scaffolding accident report form.
• Photos of any visible injuries and of the accident scene.

If you work with a solicitor from our team on your scaffolding injury claim, they might collect further evidence where they can to support your case where needed.

What’s the Time Limit for Scaffolding Injury Claims?

In the UK, there is a 3-year time limit for all personal injury claims. For injuries caused by a scaffold-related accident, this will usually begin on the date the accident happened. If you begin the claims process after the limitation period is over, you might miss out on any compensation due so it’s best to start your claim as soon as you can.

There is an exception to the 3-year rule for those who lack the mental capacity to take legal action. In this situation, if the injured party is incapable of managing the claim process themselves, the standard time limit for filing a claim is effectively paused. However, someone else could become a litigation friend and start a claim on behalf of the injured party at any time.

What Compensation Can I Claim for a Scaffold Accident?

If you are compensated following a scaffolding accident, your settlement could be formed of:

• General damages – for the pain and suffering you’ve endured.
• Special damages – for any expenses you’ve incurred.

The value of any general damages award will usually be determined by your medical records and independent medical assessment reports. Both of these can help to prove the extent of your suffering. When valuing this part of your claim, your solicitor may compare your injuries to those listed in the Judicial College Guidelines (JCG).

The special damages element of your payout could include compensation for:

• The cost of a carer.
• Medical treatment costs (physiotherapy, private surgery etc.).
• Lost income (present and future).
• Travel expenses.
• The cost of installing hoists, lifts, ramps or handrails at home to help you cope with a permanent disability.

If you contact our specialist team, we will be happy to review your scaffolding accident claim for free.

Can I Claim Compensation for Psychological Suffering?

Potentially, yes. That will be the case so long as your employer accepts liability and your psychological injury has been diagnosed by a medical professional.

Other forms of suffering that could be factored into your claim include nightmares, flashbacks, anxiety, depression and distress.

What if I’m a Self-Employed Scaffolder or a Sub-Contractor?

The duty of care we mentioned earlier in this guide covers all construction site workers. Therefore, the site operator must try to ensure the safety of all staff including sub-contractors and scaffolders working on a self-employed basis.

Therefore, if you’re a self-employed scaffolder or a sub-contractor and have been injured in a scaffold collapse, a fall from scaffolding or another type of incident, call us and we’ll happily check your options.

Do You Need a Solicitor for Scaffolding Injury Claims?

While you’re not obliged to take on legal representation when making a scaffold injury compensation claim, having a specialist solicitor working for you could make the claims process much easier.

For example, if you are represented by one of our No Win, No Fee solicitors, they might offer the following services:

• Collection and analysis of evidence to support your claim.
• Filing your claim in the correct manner and on time.
• Handling all aspects of communication with your employer and their insurers.
• Fighting your case and negotiating if there are any objections raised.
• Trying to ensure any settlement offer covers your suffering in full.

Importantly, any accepted scaffolding claims are handled on a No Win, No Fee service. That means:

• You don’t pay your solicitor upfront for their work.
• You don’t pay them while they process your scaffolding injury claim or if it fails.
• If the claim is won, a percentage of your compensation payout will be deducted as a success fee.

Our solicitors use a Conditional Fee Agreement (CFA) to provide a No Win, No Fee service. When doing so, the maximum percentage of your settlement that can be used as a success fee is 25 per cent.

Will I Be Sacked for Making a Scaffold Accident Claim?

In law, employers cannot treat staff any differently if they decide to start a personal injury claim following an accident at work. Therefore, so long as your claim is legit, you cannot be fired. Also, your claim cannot lead to you being disciplined, picked on, demoted or denied training.

If you have been treated differently as a result of a scaffold accident claim, a solicitor from our team might be able to help you claim for constructive or unfair dismissal. Please note that the time limit for these types of claims is much shorter so please contact us as soon as possible.

How Long Do Scaffolding Accident Claims Take to Process?

We’re often asked how long accident at work claims take to be settled. In practice, there’s no set amount of time as each claim will be different to the next.

For example, if liability for your accident has been accepted quickly and you’ve already recovered from your injuries, your case could be settled within 6 to 9 months.

However, if negotiations are ongoing or your injuries have not healed yet, a scaffolding injury claim might take more than a year.

Your solicitor will always try to achieve a compensation payout as quickly as possible. In some cases, they could request interim compensation payments to support you if your employer has accepted the blame for your injuries but your prognosis hasn’t yet been finalised.

Will My Claim Go to Court?

Out solicitors have quite a lot of experience in workplace accident claims and, in most cases, they’ll always try to settle out-of-court. As such, very few claims end up in court as lawyers, insurance companies and employers all want to avoid the extra time and costs involved.

However, if an amicable settlement cannot be agreed upon, your case could require a court hearing. If that happens, it will be down to the court to decide if your employer caused your scaffolding accident after considering all of the evidence available to them.

If they find it in your favour, the court will also decide how much compensation for a scaffolding accident you will be paid. However, if the court finds in favour of your employer, you won’t be compensated and you might be instructed to pay your employer’s legal fees. To protect you from such costs, our solicitors will always insist on there being some form of After The Event (ATE) insurance in place before agreeing to work for you. To find out more, please get in touch.

Contacting Us About a Scaffolding Accident Claim

Hopefully, we’ve answered the majority of your questions on how scaffolding accident claims work. If you like to know anything else or would like to discuss starting a claim, you can:

• Call 0333 241 2519 for a free initial consultation.
• Connect to our live chat service.

Remember, any scaffolding accident claims taken on by our solicitors will be managed on a No Win No Fee basis.