Claiming For A Fall From Scaffolding

Scaffolding-Accident

A Guide To Making An Accident At Work Claim For A Fall From Scaffolding

In this guide, we will provide you with the necessary information you may need when wanting to make a claim after suffering from a fall from scaffolding. Construction work can pose a number of risks and may involve health hazards due to working from heights and handling heavy loads etc. Falling from a height can be very dangerous and can cause multiple injuries or even a fatality. The Health and Safety Executive, responsible for the enforcement of all workplace health regulations in Britain, reported that there were 29 fatal accidents from falling from a height in 2021/22.

We will explore the eligibility criteria that must be met in order to pursue a personal injury accident at work claim. We will also touch on an employer’s duty of care and how employer negligence could result in injuries. 

Furthermore, we will assess the potential benefits that come with choosing to work with a No Win No Fee solicitor to build your case.

Please contact us today if you wish to see if you have a valid claim after injuring yourself from a fall from scaffolding. Our advisors may connect you to our panel of personal injury solicitors:

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When Can You Claim For A Fall From Scaffolding

To be eligible to make an accident at work claim following an injury caused by a fall from scaffolding, you must meet the personal injury claim criteria. All employers have a duty of care which is outlined in the Health and Safety at Work etc. Act 1974. This means that employers must take all reasonably practicable steps to ensure the health and safety of those they employ. These steps may include undertaking risk assessments and acting on the findings, and providing adequate training when necessary.

The eligibility criteria for a personal injury claim are as follows:

  • You must prove that you were under a duty of care at the time of the accident
  • The duty of care was ultimately breached
  • The breached duty of care has caused your injuries

This duty of care is a legal requirement, meaning that if an employer breaches this duty and you are injured as a result, you may have the grounds to make an accident at work claim against your employer. Reach out to one of our advisors today to see if you have a valid claim after a fall from scaffolding.

How Could A Fall From Scaffolding Be Caused By Employer Negligence

Accidents in the workplace could happen for all different types of reasons. For this guide, we are specifically looking at accidents that could have been avoided had the correct health and safety procedures been applied.

If you have injured yourself after a fall from the scaffolding, the first thing is to establish if your fall could have been avoided and, if so, who was at fault. It is true that while working, your employer has a responsibility for your health, but other parties could do too, especially on a construction site. If you have fallen from scaffolding, it may be that the scaffolding company, if hired as a subcontractor, may too have a responsibility for your safety.

We have included some examples of how accidents may occur on scaffolding:

  • The construction company that runs the building site is informed that the scaffolding is not safe to use, they ignore the workers’ concerns. An employee sustains a back injury, such as a spinal fracture, when the plank gives way, and they fall through the scaffolding.
  • The harness an employer provides an employee with when using the scaffolding snaps due to not being repaired and maintained, causing them to fall from the top of the scaffolding. They experience a leg injury.
  • If it is erected on uneven soft ground, a scaffolding collapse accident could occur under the weight of the workers. As a result, one of them experiences a head injury causing brain damage.

If you are unsure of who is liable for your injuries, then reach out for assistance from our advisors.

Potential Compensation After A Fall From Height

You may be eligible to receive compensation for your injuries if you can prove that they were a direct result of negligence.

The potential settlement you may receive could consist of two heads of claim. Firstly, there is general damages which provides compensation for any physical or psychological injuries sustained. The value is dependent on the severity of your injuries and the level of impact they may have had on your quality of life.

Legal professionals, such as solicitors, refer to The Judicial College Guidelines (JCG) to help calculate the value of your claim. The JCG is a publication which includes an extensive list of injuries along with compensation guideline brackets. As each claim is unique, the figures shown in the table below are only a guideline, not a guarantee.

Compensation Guideline Table

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Type Of Injury Severity Level Award Bracket Information
Injury From Brain Damage Very Severe £282,010 to £403,990 There is little, to no language function or response to environment and the need for full-time care
Injury From Brain Damage Moderately Severe £219,070 to £282,010 The injured party is very seriously disabled and highly dependant on others
Injury From Brain Damage Less Severe £15,320 to £43,060 The injured party will have made a good recovery but may still struggle with their memory and poor concentration
Neck Injury Severe (i) In the region of £148,330 This bracket contains neck injuries that are associated with incomplete paraplegia. or where the injured party also has little, to no movement in the neck
Neck Injury Moderate (i) £24,990 to £38,490 Injuries include fractures or dislocation with the possible need for a spinal fusion
Back Injury Severe (i) £91,090 to £160,980 Spinal cord and nerve root damage. Severe pain and disability will be present
Back Injury Moderate (i) £27,760 to £38,780 There is a considerable risk of osteoarthritis, with pain and discomfort present
Back Injury Minor (I) £7,890 to £12,510 Full recovery or recovery to nuisance level is to be expected, without the need for surgery, between two to five years
Leg Injury Severe (i) £96,250 to £135,920 Injuries are just short of necessitating amputation, but the injured person is not left much better off if they were
Leg Injury Less Serious (i) £17,960 to £27,760 The injured person makes a reasonable recovery but is left with decreased mobility and a metal implant

Claiming Financial Losses After Falling From A Height

In addition to general damages, special damages form the other head of claim. Special damages account for financial losses that have been caused by your injuries. These losses include:

  • Loss of earnings
  • Travel expenses to hospital appointments
  • Vehicle or home amendments, if applicable
  • Medical or rehabilitation costs

Evidence of these expenses, such as payslips or receipts, should be obtained if you wish to claim them back. If you’d like a free assessment from one of our advisors, please don’t hesitate to get in touch.

Evidence That Could Help In A Serious Injury Claim

When pursuing a claim after suffering from a fall from scaffolding, collecting evidence can work to prove that employer negligence has directly resulted in your injuries. Examples of evidence that could be obtained may include:

  • Photographs of your injuries and the site where the accident took place
  • Footage from the CCTV that captured the events
  • Getting medical care and requesting copies of the records. This could include X-rays or scans
  • The contact information for any witnesses that could be willing to give a statement at a later date, if necessary
  • Keeping a diary that includes treatments and symptoms to illustrate how your injuries have impacted your physical and psychological health

You may not know where to start when it comes to requesting and collecting evidence to support your personal injury claim after an accident at work. One of the services a solicitor from our panel could offer if instructed to work on your workplace injury claim is to gather and build a portfolio of evidence on your behalf. Please feel free to get in touch. Our advisors may connect you with our panel of personal injury solicitors today.

Make An Accident At Work Claim On A No Win No Fee Basis

Our panel of accident at work solicitors could offer their expertise and services under a No Win No Fee agreement. This means that you will not have to pay any solicitors fees upfront, during the claim or if the claim doesn’t win.

The solicitors on our panel offer this type of arrangement under a Conditional Fee Agreement (CFA).

If your claim does succeed and you are awarded a settlement figure, your solicitor will take a small percentage from your compensation. The deduction is legally capped and is known as a success fee.

Please don’t hesitate to contact an advisor today to discuss whether or not you have a valid claim after suffering from a fall from scaffolding. If you do, one of our advisors could connect you to a solicitor from our panel:

Learn More About Claiming If You Fell Off Scaffolding

Below, we have attached some useful links to our guides:

Extra useful resources that we think you may find helpful:

GOV.UK – Statutory Sick Pay

NHS – Head injury and concussion

HSE – Scaffolds