By Joanne Jeffries. Last Updated 14th July 2021. Naturally, you may be interested in scaffolding accident claims if you have been involved in an accident that wasn’t your fault. Throughout the duration of this guide, you are going to find a wide variety of advice, links and resources to assist you throughout the scaffolding accident claims process.
All employers have a legal responsibility to ensure they provide a safe and healthy working environment. Of course, some workplaces require greater care in this regard than others, and scaffolding sites definitely fall into this category. If you have been the victim of a scaffolding accident, we can help you to get the compensation you deserve at Accident Claims UK. You can call us on 0800 073 8801 for more information about the service we provide and what we can do for you as well as getting free advice. However, before you call us, make sure you continue reading to find out everything you need to know about scaffolding accident claims.
Select a section
- A guide to scaffolding accident claims
- What is a scaffolding accident claim?
- Scaffolding accident statistics
- The regulations covering scaffolding
- Establishing responsibility for your scaffolding accident
- Common injuries suffered in scaffolding accidents
- Steps to take if you have been involved in a scaffolding accident
- Claiming for a scaffolding accident if you are a construction site employee
- Claiming for a scaffolding accident if you are a member of the public
- Time limits on scaffolding accident cases
- What damages can I claim for when making a scaffolding claim?
- How much can I claim for an accident on scaffolding? – Updated July 2021
- No win, no fee scaffolding accident claims
- Why choose Accident Claims UK
- Contact our team today
- Useful links
Welcome to our scaffolding accident claims guide.
There are a number of scaffolding accidents and scaffolding deaths per year. If you or someone you love has been the victim of such an incident, you will be able to make a claim. In this guide, you will discover everything you could possibly need to know about making an accident at work claim or a claim for a fall from scaffolding in a public place. This includes information on scaffolding accident statistics, as well as the common injuries suffered and the regulations that are in place in the United Kingdom. We will also explain how to build a strong case, including collecting dodgy scaffolding pictures and getting witness contact statements.
Furthermore, you will discover exactly how much compensation you may receive, and we will also talk you through the service that we provide here at Accident Claims UK. We offer a popular No Win, No Fee service, which offers a number of benefits, as you will soon discover.
Whether you’re working on a construction site or are a member of the public, if you’re injured in a scaffolding accident that wasn’t your fault, you could be eligible to claim compensation for your injuries and the expenses they cause. Your claim could be made against a local authority or an employer for example.
Claims for accidents involving scaffolding can be made by those who have suffered an injury in many cases, ranging from typical accidents in the workplace to a public place accident where bystanders are struck by faulty scaffolding. In this guide, we’ll cover the various different types of accidents that could establish grounds for scaffolding accident claims to be made, so please read on to find out more.
There are a number of scaffolding fatal accidents and less serious accidents per year. As per NASC (National Access and Scaffolding Confederation), there were 36 scaffolding major incidents, and there were 69 scaffolding injuries that lasted for more than seven days in terms of symptoms. Moreover, in accordance with HSE, when it comes to a fatal injury from an accident at work, the main accident type is falls from a height. In 2020/21 there were 35 such deaths You can see other causes below.
If you’re wondering whether you could have grounds to make scaffolding accident claims, it may help to look at the legislation and regulations in place.
The Health and Safety Executive (HSE) have recognised the dangers that scaffolding poses. They have put together a specific checklist for scaffolding employers, which they are expected to adhere too. You can click here to see the checklist in full. The list includes the levels of competence and training of individuals when it comes to determining scaffolding needs and how scaffolding is dismantled and erected. On top of this, there is also a commitment to make certain that all scaffolding equipment is well looked after and checked on a frequent basis.
When it comes to making scaffolding accident claims, one of the most essential aspects is determining who is responsible for your scaffolding injury. Negligence can fall on the shoulders of a number of different parties and people, for example…
- The manufacturer responsible for creating the materials used in the construction may be to blame.
- An individual employee of the company in question may be responsible if he or she acted irresponsibly or broke rules.
- The construction business that is running the site may be to blame for what has happened.
There are lots of different causes of scaffolding accidents and injuries that can happen because of scaffolding accidents. The most common injuries from claims including falls from height are bone breaks and fractures, especially of the legs. These tend to happen due to a scaffold collapse or having a fall from the structure. Nevertheless, such injuries can also be due to falling items that have struck you. Other injuries include external and internal lacerations, i.e. severe cuts to your body and organs. These tend to happen because of objects falling and hitting someone, such as a sharp metal. Furthermore, less common injuries that can happen due to a scaffolding accident include brain injury and head injuries.
Of course, your personal injury solicitor will be largely responsible for ensuring you get the amount you deserve from your scaffolding accident claims. However, there are steps you can take to help him or her ensure the compensation calculated is the maximum it could be. So, let’s take a look at what your personal injury lawyer needs from you…
- The details of the accident – Your solicitor will need to know where the accident happened, when it happened and how it happened. The date is particularly important, as there is a three-year time limit on all personal injury cases. This may seem like a long time, but the quicker you claim the easier you will find it, as the details will be fresh in your mind. Plus, court proceedings must be issued within this time frame.
- The contact details of any witnesses – Witness statements can help to strengthen your case.
- Details of your injuries – Your doctor will provide a medical report that will state your injuries, the medical diagnosis and the recommended course of treatment.
- Photos – Scaffolding accidents pictures can help to support your claim.
- Any documents that can be used to support your claim
- Proof of loss of earnings – Have you suffered a loss of income due to your inability to work through the recovery phase? If so, you can claim for this as a special damage, however, you will need to have proof of your income loss.
- Proof of any financial expenses that have resulted from your injury – Again, you will be able to claim for these, but you will need proof. Examples include prescription expenses, the cost of treatment, counselling expenses, childcare costs, travel expenses, vehicle repair costs, the cost of adapting your accommodation and much more.
- Whether you are a member of a trade union – Last but not least, you will need to inform your solicitor if you are part of a trade union, as this could mean that you are entitled to reduced-cost legal representation.
Construction workers injured on the job will need to show that negligence has been involved in order to have valid grounds to make scaffolding accident claims. There are a number of different ways that you can prove this.
For example, you may have been injured because someone unqualified was working on the scaffolding when they should not have been. Or, perhaps your boss has failed to carry out a proper risk assessment? No matter what has happened, it is important that you inform your employer. This is because all accidents, illnesses, injuries, and deaths that have occurred in the workplace need to be recorded in an accident book as per law. This will also help to serve as official proof of what happened.
You may assume that scaffolding accident claims only apply to people that work on scaffolding but this is not the case. You can also make a claim if you are a member of the public and you have been injured. In this case, you will need to refer to the Occupiers Liability Act. For example, if you have had scaffolding erected around your home and when you have been entering the property something has fallen on your head and you were injured, you could make a claim. It is all about showing that the actions expected in order to prevent accidents from occurring have not been taken.
There is one thing you need to be aware of when making a claim for compensation, and this is the personal injury claims time limit that is in place. There is a time limit of three years for all personal injury cases. This means that you have three years from the date of the accident to make a claim. Therefore, if you were involved in an accident on November 22nd2020 you will have until November 22nd2023 to make a personal injury claim. Please note that court proceedings must be issued within this time frame.
There are some exceptions. This relates to incidents whereby the injuries have occurred over time, and therefore it is simply not an option to decipher the exact accident date. This is often the case with workplace incidents, such as repetitive strain injury, industrial diseases and vibration white finger. In these cases, you will have three years from the date of your diagnosis instead. As with most scaffolding accidents, unless they involve exposure to asbestos, the damage is immediately apparent, so time limit extensions are not typically common.
Compensation is split into two parts for scaffolding accident claims. You have general damages and special damages. Let’s begin with general damages. This is the amount of money you will receive to compensate you for your injury and your suffering. It is designed to help you through the recovery process. The amount will be determined by taking a look at the medical report that has been provided by your doctor. This report will state your injuries, your medical diagnosis, your treatment and the impact the injuries will have on your life, which will then be used to figure out the right amount.
The other form of compensation is special damages. This compensates you for any costs you have had to pay because of what has happened to you. Here are some common examples:
- Medical costs
- Counselling expenses
- Loss of income
- Cost of adapting your accommodation
- Childcare expenses
- Travel costs
- Cost of repairing your work equipment
Essentially, you need to ask yourself “would I have encountered this cost if I wasn’t injured?” If the answer is no, then you will be able to claim, but you will need proof.
If you have any further questions, please do not hesitate to give us a call on one of our helpline numbers. You will speak to one of our friendly and experienced advisors. They will happily answer any questions you have.
One thing most people want to know when they are interested in making scaffolding accident claims is how much compensation they will receive. It is important to recognise that all cases are different, and they are handled as such. This means that giving you an accurate figure for how much compensation you will get is just not possible until the claim is launched and a settlement is reached.
You may be thinking “I have used a personal injury claims calculator and it told me I would get ‘x’ amount.” However, these calculators should be used with a pinch of salt because they only ever give very rough estimates. The best thing to do is refer to the table below so that you can see the average payout amounts for the most common injuries relating to construction scaffolding accidents.
|What sort of injury have you sustained?||Extra notes on this injury||The typical payout for this sort of accident|
|Less Serious Leg Injuries||Simple fracture to tibia or soft tissue injuries.||Up to £11,110|
|Severe Leg Injuries||Injuries that will permanently affect a person’s mobility, and cause ongoing pain and suffering.||£90,320 to £127,530|
|Below Knee Amputation||Loss of one leg below the knee.||£189,110 to £253,480|
|Above Knee Amputation||Loss of one leg above the knee.||£98,380 to £129,010|
|Amputation of Both Legs||Full amputation of both legs.||£225,960 to £264,650|
|Severe Arm Fractures||Multiple fractures that will leave the arm with permanently reduced functionality.||£73,580 to £122,860|
|Simple Arm Fractures||Fractures to the short bones of the forearm.||£6,190 to £18,020|
|Full Arm Amputation||Loss of the arm at the shoulder.||Not less than £128,710|
|Amputation of Both Arms||Full loss of both arms.||£225,960 to £281,520|
Hopefully, you now have a better understanding of the sort of payout you may receive for your injuries. However, if you cannot find the injury you have sustained in the table above, please do not hesitate to give us a call about your scaffolding accident today and we will enlighten you further.
When it comes to making a personal injury compensation claim, the cost of doing so is undoubtedly one of the key aspects that need to be considered. A lot of people panic, as they fear they could end up spending enormous sums of money only for their case to be unsuccessful. One way to guarantee that this does not happen is to use the services of a No Win No Fee lawyer. When you enter into this type of agreement, you are not going to be responsible for any solicitors’ fees if they have not made a successful claim for you. This minimises monetary risk by a considerable degree.
There are many knock-on benefits associated with this agreement as well. There is a strong case to say that you will encounter a much better service if you go for a No Win, No Fee lawyer. After all, this individual is going to be impacted by the outcome of your case and thus it is much more likely that they will work harder to guarantee that you have the best possible chance of securing compensation. Here at Accident Claims UK, you will be pleased to know that all of our solicitors work on a No Win No Fee basis when handling scaffolding accident claims or claims of any other nature.
Read on to discover the five reasons why you should use Accident Claims UK to make a claim…
- Experience– You will struggle to find a personal injury claims firm that boasts as much experience as we do. We have helped thousands and thousands of personal injury victims over the past years and have an impressive success rate.
- We care– We recognise that you are already going to be stressed. After all, you have your injuries to cope with. We don’t want to add to this stress, we want to take a weight off your shoulders. This is why we promise to conduct our service in the quickest and smoothest manner possible.
- No Win, No Fee– All of our available panel of solicitors work to a No Win, No Fee payment agreement. This means that you only have to pay legal fees if we successfully secure compensation for you. This eliminates financial risk and ensures you benefit from the highest possible level of service.
- Maximum payouts – Our aim is not only to secure scaffolding accident compensation for you but also to make sure that you get the maximum amount available.
- Reputation– If you are still feeling unsure regarding the service we provide, all you need to do is browse the feedback on our website that has been left by some of our previous customers. We are sure that this will put your mind at ease. You will soon discover about our exceptional reputation in the industry.
We are one of the leading claims management companies in the country, boasting over 30 years of experience. In this time, we have successfully helped thousands of personal injury victims to secure the full amount of compensation they deserved.
If you want to make scaffolding accident claims, get in touch with us today to discuss this in further detail. You can rest assured that there is no one better when it comes to securing personal injury compensation. The number you need is 0800 073 8801. This is our personal injury claims line, and it is open 24 hours a day, seven days a week. There are also plenty of other ways to get in touch with us, including live chat and via email. We will happily answer any queries you have about scaffolding accident claims, and all of our advice is free of charge with no obligation to continue, so what are you waiting for?
We hope that you have found this guide helpful while looking for more information on claiming for scaffolding accidents, injuries and deaths. The links below may also be of use to you:
Want more information about building site accidents and claims?– This is our guide on building site accident compensation claims. You will likely find this useful as it contains further information specific to building sites.
Scaffolding rules as per the UK Government– This link takes you to the UK Government website where you will find information on scaffolding rules in the UK.
Scaffolding Accident Claims FAQs
How dangerous is scaffolding?
When used correctly, scaffolding is designed to be safe. However, scaffolding can be extremely dangerous. For instance, without the proper training or PPE, an employee could poorly install the scaffolding. In return, this could cause a fall from a height.
What types of accidents might happen in scaffolding?
- Traumatic brain injury (TBI)
- Spinal cord injuries (paralysis)
- Internal organ injury.
- Fractures (broken bone injuries)
- Severe lacerations (deep cuts).
What are some workplace accident statistics?
As outlined by the Health and Safety Executive (HSE), these ate the most recent statistics:
- 65,427 Non-fatal injuries to employees.
- 0.5 million Work-related musculoskeletal disorder cases (new or longstanding).
- 38.8 million Working days lost due to work-related ill health and non-fatal workplace injuries.
- 10.6 billion Annual costs of new cases of work-related ill health in 2018/19.
How can I determine negligence?
- A third party had a legal duty of care to you
- Which they failed to uphold
- And you suffered as a result of this failure
How much compensation could I claim?
As every case is different, payouts can vary on a claim-by-claim basis. In order to get an accurate estimate of how much compensation you may be entitled to, please get in touch today to get a free consultation with one of our specialist advisors.
How are claims valued?
Simply put, the more damage a claimant sustains as a result of their accident, the more compensation they will probably be entitled to claim.
What damages can be compensated?
General damages can be claimed to account for any physical injuries or psychological trauma sustained. In addition, special damages can be claimed to account for any financial losses experienced, which could include loss of earnings or out-of-pocket expenses.
Do I need to get a lawyer?
Although there is no legal requirement to have legal help in order to make a claim, acquiring some can help ensure you get the maximum compensation out of your claim.
Fatal Accidents At Work – What are the latest figures
Similar to previous years, the 2020/21 fatal accident at work figures released by the HSE reveal that Construction, forestry and fishing and agriculture workers suffered the most fatal injuries at work. Following this are manufacturing, wholesale, retail, motor repair, accommodation and food, then admin and support services, transport and storage, waste and others.
41 fatal injuries were suffered by those aged 60+, while 97 were 16-59. A further 4 were in the category ‘age not known’.
According to further figures, 60 members of the public suffered fatal injuries due to a work-related incident. These are only provisional figures, as per RIDDOR however.
Proving the nature and severity of your scaffolding injury
When claiming for your scaffolding injury, you would need to submit medical evidence to back up your claims. However, attending a walk-in clinic, minor injuries unit, A&E or your GP surgery would not be enough to provide evidence needed for your claim. You would also need to go and see an independent medic for an examination. They would take a look at your medical notes if relevant, and they would also ask you questions and examine your injuries. In some cases, they could order some further tests to find out more about your injuries. Once done, they’d put together a medical report which your solicitor could submit as part of your claim. This is a vital piece of evidence. It could significantly impact the compensation award you receive for your injury claim.
Thank you for reading our guide on scaffolding accident claims.