By Jo Anderson. Last Updated 5th January 2023. 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 No Win No Fee scaffolding accident claims.
Select a section
- What is a scaffolding accident claim?
- Scaffolding accident statistics
- The regulations covering scaffolding
- Establishing responsibility for your scaffolding accident
- Examples Of 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?
- Scaffolding Accident Claims – No Win No Fee Solicitors
- Useful links Relating To Scaffolding Accident Claims
What is a scaffolding accident claim?
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.
Scaffolding accident statistics
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.
The regulations covering scaffolding
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.
Establishing responsibility for your scaffolding accident
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.
Examples Of Scaffolding Accidents
There are many ways that a scaffolding accident could occur. According to the Health and Safety Executive (HSE), some examples of scaffolding issues that could cause accidents could include:
- Erecting and dismantling accidents – If a scaffold is not erected or dismantled in order with the manufacturer’s instructions, this could cause injuries to those putting it up or taking it down. For example, this could include failing to put up guard rails, leading to a risk of falling.
- Stability accidents – If the scaffold is unstable, this could pose a real risk of falls and collapses. This could injure both those working on the scaffold and those around it.
- Lack of safety training – If staff are not trained to work at height safely, this could lead to them misusing the scaffold. For example, they may lean a ladder in the wrong place, causing it to become unstable.
- Hazard removal – Failure to clear paths on each level could result in a trip, a slip or even a fall from scaffolding.
These are only a few examples of how scaffolding accidents can occur. To learn more about scaffolding accident claims, contact our team of advisors today.
Steps to take if you have been involved in a scaffolding accident
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.
Claiming for a scaffolding accident if you are a construction site employee
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.
Claiming for a scaffolding accident if you are a member of the public
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.
Time limits on scaffolding accident cases
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 22nd 2023 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.
What damages can I claim for when making a scaffolding claim?
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.
Compensation Payouts In Scaffolding Accident Claims
When making scaffolding accident claims, the amount associated with the pain and suffering caused by your injuries is known as a general damages payment. The value of this payment can vary due to how many factors need to be considered during the valuation process.
For instance, the nature and severity of your injury can lead to the amount you receive being affected. The more serious the injury, the higher the settlement typically tends to be. For example, the damage sustained due to a fall from scaffolding can depend on the height from which you fall, as well as factors such as how you land.
When legal professionals are working out how much would be appropriate for you to receive in terms of general damages, they will make use of resources such as medical evidence and a publication called the Judicial College Guidelines (JCG).
Below, we have included some figures from the 2022 edition of the JCG, as this is when the publication was last updated. You can use these amounts to give you a rough idea as to how much you could receive in general damages. However, in order to find out a more precise figure, get in touch with our advisors today. If you’ve been injured due to a scaffolding collapse or a similar scenario, then we can provide an accurate estimate of the value your claim for you.
| What sort of injury have you sustained? | Extra notes on this injury | The typical payout for this sort of accident |
|---|---|---|
| Multiple severe injuries with associated financial losses and costs. | A combination of severe injuries resulting in serious pain and suffering and financial losses and costs, such as care costs or medical expenses. | Up to £1,000,000+ |
| Brain Damage (Very Severe) (a) (i) | With little to no response to stimulus. | £282,010 to £403,990 |
| Amputation of Both Arms | Full loss of both arms. | £240,790 to £300,000 |
| Amputation of Both Legs | Full amputation of both legs. | £240,790 to £282,010 |
| Above Knee Amputation | Loss of one leg above the knee. | £104,820 to £137,470 |
| Below Knee Amputation | Loss of one leg below the knee. | £97,980 to £132,990 |
| Neck Injuries (Severe) (a)(i) | Causing incomplete paraplegia or spastic quadriparesis. | In the region of £148,330 |
| Severe Leg Injuries | Injuries that will permanently affect a person’s mobility, and cause ongoing pain and suffering. | £96,250 to £135,920 |
| Less Serious Leg Injuries | Simple fracture to tibia or soft tissue injuries. | Up to £11,840 |
| Severe Arm Fractures | Multiple fractures that will leave the arm with permanently reduced functionality. | £96,160 to £130,930 |
| Simple Arm Fractures | Fractures to the short bones of the forearm. | £6,610 to £19,200 |
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.
Scaffolding Accident Claims – No Win No Fee Solicitors
If you have been involved in a scaffolding accident, and are eligible to make a personal injury claim, one of our solicitors may be able to help you. They may also offer you a type of No Win No Fee arrangement known as a Conditional Fee Agreement (CFA).
Under a CFA, you would not pay anything upfront or throughout the process of your claim for your solicitor’s work. You also will not be required to pay for their services if your claim is unsuccessful.
Instead, they would deduct a success fee from your payout should your claim be successful. This is a small, legally capped percentage of your settlement.
If you have any questions about personal injury claims for scaffolding accidents, or you’d like to check if one of our No Win No Fee solicitors could help you make a claim, please contact an advisor by:
- Calling 0800 073 8801
- Using our live chat service.
- Contacting us online.
Useful links
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.
Thank you for reading our guide on scaffolding accident claims.