Learn About Scaffolding Accident Claims

Were you involved in a scaffolding accident that wasn’t your fault? If so, you could be eligible to claim compensation. Making scaffolding accident claims can be stressful, but working with experts like our solicitors at Advice will take some of the stress out of the claims process.

In our guide, you’ll find key information about accident at work claims. We explain your rights after having an accident at work. Additionally, we look at who can make a claim for workplace injuries. Furthermore, we provide useful information about how to get started with the claims process.

If your scaffolding accident claim has a successful outcome, you’ll be awarded compensation. We explain how this is awarded and what factors decide settlements.

If you are eligible to seek compensation in an accident at work claim, you may like to have a solicitor to help you through the process. We explain what help a solicitor can offer and look at how our expert legal professionals offer their services under a type of No Win No Fee arrangement.

For further questions and to find out whether you are eligible to claim compensation for a scaffolding accident, pick your preferred contact method below.

• Click on the live chat option.
• Fill in our online contact form.
• Call us on 0161 509 2856.

Frequently Asked Questions

1. What Are Scaffolding Accident Claims?
2. I Was Injured In A Scaffolding Accident, Am I Able To Claim?
3. How Much Scaffolding Injury Compensation Could I Get?
4. Will My Employer Have To Pay For My Compensation?
5. Could I Be Sacked For Making A Claim Against My Employer?
6. How To Start A Scaffolding Injury Claim
7. What Can Advice Do For Me?
8. More Information

What Are Scaffolding Accident Claims?

Scaffolding accident claims occur when you claim against your employer or another relevant party for negligence. Negligence can happen in various ways. We’ve covered some potential causes that mean you could make a claim below.

Please note that these situations do not automatically mean you can claim. You will also need to prove that someone else was at fault for the accident or incident.

Injured From Scaffolding Collapse

Scaffolding that has not been erected properly can collapse, leading to serious injuries. Improperly or poorly constructed scaffolding could be cause to claim compensation. A scaffolding collapse often happens due to the scaffolding being overloaded or not being structurally sound.

Falling From Scaffolding

If the correct safety precautions are not taken, falls from a height can occur. If you fell and sustained a scaffolding injury due to not having the correct personal protective equipment (PPE) or because there was a fault with the scaffolding, such as insufficient railings, you could be eligible to claim personal injury compensation.

Lack Of Working At Height Training

Training is vital to prevent a scaffolding accident at any level. If a worker is assigned to work on scaffolding with inadequate training, they may not know the right safety precautions to take. Your employer must ensure that your training is correct and up to date. This lack of knowledge could easily lead to serious injuries. If you sustain injuries in a scaffolding accident due to lack of training, you could have good grounds to claim.

Slipped, Tripped, Or Fell On Scaffolding

This situation could happen due to workers not having suitable PPE or scaffolding structures being unstable. For example, a worker could fall from scaffolding if it is wet. Whatever the reason, having a slip, trip, and fall accident while working on scaffolding could cause severe injuries.

I Was Injured In A Scaffolding Accident, Am I Able To Claim?

To make a scaffolding accident compensation claim, you must prove:

• Someone owed you a duty of care.
• This duty of care was breached.
• You sustained scaffolding accident injuries because of this breach.

Your employer’s duty of care towards you means they must take reasonable steps to ensure your safety whilst at work, as per the Health and Safety at Work etc. Act 1974.

While it is generally your employer, other people working on a construction site with scaffolding could also owe you a duty of care, for example:

• The client who hired you to do the work.
• The foreman.
• The owner of the land/area you’re working on.
• The owners and/or makers of the scaffolding and related equipment.

If you are unsure whether you can pursue a compensation claim or who owed you a duty of care, contact our advisors for more information. They can help establish liability for scaffolding accident claims.

Am I Able To Claim As A Self-Employed Contractor?

In certain circumstances, self-employed contractors can make an accident claim under Section 4 of the Health and Safety at Work etc. 1974. However, the circumstances in which this can happen are specific. An example would be if a self-employed contractor began work on a construction site with their own PPE and their own tools. However, they became injured on scaffolding that did not belong to them. In this case, it’s likely the self-employed person could claim against whoever was responsible for the scaffolding for not adhering to their duty of care.

In all cases, a self-employed contractor must prove it was circumstances out of their control that caused them to sustain a scaffolding accident. Speak to our advisors for more information on this.

Can I Claim On Behalf Of A Loved One?

You can pursue scaffolding accident claims on behalf of a loved one in the following situations:

• If the claimant is under 18.
• If the claimant does not have the mental capacity to pursue a claim themselves.

To represent a loved one, you can become a litigation friend, which our advisors can give you more information about.

Fatal Scaffolding Accident Claims

Sometimes, scaffolding accident injuries can be fatal. If this is the case, the deceased’s estate can claim for the pain and suffering the death has caused per the Law Reform (Miscellaneous Provisions) Act 1934. This law has a time limit of six months following the deceased’s death.

Additionally, the Fatal Accidents Act 1976 means dependents of the deceased can claim for bereavement damages and other losses, such as funeral costs. Dependants have three years from the date of death or date of knowledge to bring this claim forward.

If you have any questions about starting a fatal accident at work claim, please direct them to an advisor from our team.

How Much Scaffolding Injury Compensation Could I Get?

You could be awarded between £396,140 and £493,000 if your scaffolding accident results in tetraplegia. This is according to the Judicial College Guidelines (JCG), a legal document that contains guideline compensation amounts for different injuries. We’ve included a few more examples of the figures found in the JCG in our list below. All figures aside from the first entry are from the JCG.

• Up to £1,000,000+ – Multiple severe injuries and special damages (more information on this in the next section).
• £111,150 to £196,450 – Back Injuries – Severe (i) – Damage to the spinal cord and nerve roots, severe pain and stability.
• £90,510 to £107,910 – Back Injuries – Severe (ii) – Nerve root damage, severe scarring, impaired mobility.
• £102,470 to £133,810 – Foot Injuries – Very Severe – Constant severe pain and stability, potential for amputation of forefoot.
• £51,220 to £85,460 – Foot Injuries – Severe – Fractures to either both heels or feet or extreme injury to one foot along with severely limited movement.
• £85,100 to £117,410 – Knee Injuries – Severe (i) – Severe pain and loss of function, development of osteoarthritis.
• £63,610 to £85,100 – Knee Injuries – Severe (ii) – Leg fracture that affects the knee, constant pain that limits mobility.
• £61,090 to £85,070 – Ankle Injuries – Very Severe – Extensive soft tissue damage with potential for future amputation. If for a young person, this bracket will be awarded for early degeneration of the joints.
• £38,210 to £61,090 – Ankle Injuries – Severe – Significant ongoing disability that requires extensive medical treatment and affects ability to walk.
• £58,710 to £73,050 – Wrist Injuries – (a) – Complete loss of function in the wrist.
• £23,430 to £58,610 – Shoulder Injuries – Severe – Damaged brachial plexus leading to severe disability.

Want to know more about scaffolding accident compensation? Call us, fill in our contact form, or click the live chat to speak to an advisor.

Can I Claim For Lost Income After A Scaffolding Accident?

In addition to general damages, which are the figures seen above, most personal injury claims will include special damages. Unlike general damages, which compensate you for pain and suffering following an accident, special damages are compensation for your financial hardships that have been caused by the injury. As part of this financial compensation, you could claim for loss of earnings. Some other special damages you could claim are:

• Ongoing medical treatment.
• Medical aids.
• Care in the home.

The exact amount of special damages compensation you’ll receive will depend on your claim. If you are expected to be out of work for a long time or your injury prevents you from working again, you will likely receive a higher amount.

An advisor from our team could discuss how compensation is awarded for scaffolding accident claims as well as provide you with guidance on what items you could be reimbursed for under special damages.

Will My Employer Have To Pay For My Compensation?

If you are successful in claiming against your employer, any compensation you are awarded will be paid by their insurance. All employers of staff must have employer’s liability insurance from an accredited insurer. It is illegal for anyone who employs staff not to have employer’s liability insurance, and your employer could be fined if they have not taken out an insurance policy or have the correct documents.

Could I Be Sacked For Making A Claim Against My Employer?

Some people may be put off making personal injury claims against their employer, particularly if they want to continue working for them. However, your employer cannot legally stop you from pursuing a claim against them.

How To Start A Scaffolding Injury Claim

In general, you have 3 years to pursue a scaffolding injury claim under the Limitation Act 1980. There are exceptions to this time limit, such as being under 18 or lacking mental capacity (if not claiming with a litigation friend). Our advisors can explain these exceptions in further detail. This 3 year period begins on the date of the accident for most accident at work claims. If you are unsure whether you are within the time limit, get in touch.

Evidence is also required when making accident at work claims. For this type of claim, we recommend the following evidence:

• Medical records showing injuries and treatment.
• Photos and videos of the accident scene and your injuries.
• Contact details of any witnesses to the accident.
• Training records and other relevant work records.
• Workplace accident logbook.

What Can Advice Do For Me?

Our highly experienced solicitors can assist you in claiming compensation for scaffolding accident injuries. We will:

• Give you access to medical specialists (such as physiotherapists).
• Explain all legal terminology.
• Help to communicate with all parties.
• Advise you on the best types of evidence.
• Ensure you receive the correct settlement amount.

If you decide to claim with our solicitors at Advice, you can do so via The Conditional Fee Agreements Order 2013, a type of No Win No Fee agreement. Making a claim of this kind means:

• You only pay solicitor’s fees if your claim is successful.
• These fees are a legally capped percentage known as a ‘success fee’.
• You do not pay solicitor’s fees if your compensation claim is unsuccessful.

Contact Our Advisors

We hope our guide has answered any questions about scaffolding accident claims. Want to see if you can claim? Contact us by:

• Clicking on the live chat option.
• Filling in our online contact form.
• Calling us on 0161 509 2856.

More Information

The links below, including some of our other guides and some external websites, contain relevant information about scaffolding accident claims and accident at work claims.

Internal Links

• Read our FAQs on making a defective work equipment claim.
• Discover how to make a manual handling claim.
• Read our guide on making a back injury at work claim.

External Links

• LESIGLATION.GOV.UK – Read The Work at Heights Regulations 2005.
• LEGISLATION.GOV.UK – Discover The Personal Protective Equipment at Work (Amendment) Regulations 2022.
• HSE.GOV.UK – Read about health and safety at work under the Health and Safety Executive (HSE).