By Cat Grayson. Last Updated 11th May 2023. Have you been injured in a scaffolding collapse accident? You might be able to seek compensation. This is because when in the workplace, your employer owes you a duty of care. If they do not provide this and you are injured, this constitutes negligence, and you may be owed compensation.
You might be wondering:
- Why might a scaffold collapse?
- How can I fall from scaffolding due to negligence?
- What is the personal injury claims process?
We aim to answer all of those questions in this guide and examine how much compensation you could be entitled to. Furthermore, we will look at how a personal injury solicitor can assist you and strengthen your chances of receiving a payout.
You can also speak with an advisor from our team who is on call to help you at all times. For free legal advice:
Select A Section
- What Is A Scaffolding Collapse?
- Employer’s Duty Of Care
- Health And Safety Regulations
- How To Claim For A Scaffolding Collapse
- Time Limit Exceptions For Scaffolding Accident Claims
- Examples Of Payouts For A Scaffolding Collapse At Work
- Begin A No Win No Fee Claim
An accident at work is an unexpected incident that has the potential to cause injury and damage. Due to the nature of working on scaffolding, there are many ways an accident could happen.
Scaffoldings are used when employees and workers need to work at a height. It is important that the type of tower erected is suitable for its intended purpose. Erecting and dismantling scaffolding must be done by competent and trained workers.
If scaffolding is unsuitable or defective, it can cause a scaffolding collapse accident. These accidents can be of a very serious nature due to the height and weight of the scaffolding.
If you have been injured in an accident involving scaffolding, you may be curious as to whether you can make a personal injury claim. This guide will talk you through the accident at work claim eligibility criteria, the personal injury claim process, and how to get your case started.
We previously touched on the duty of care owed by employers, as per the Health and Safety at Work etc. Act 1974. Employers must take reasonable steps to ensure their workers’ safety and welfare while carrying out work tasks.
To be eligible to make a personal injury claim following a scaffolding collapse your employer must be liable for what has happened. This will mean proving that:
- Your employer failed to uphold their duty of care,
- This led to an accident, and
- Consequently, you suffered an injury
It may be the case that the scaffolding was hired and put together by a third-party company. If that is the case, it could be that the company is liable for the accident instead of the employer.
If you have been injured in a scaffolding collapse accident but are unsure as to who could be at fault for the incident, please contact an advisor from our team for more information.
There are a number of legislations that are relevant to employers.
Firstly, The Personal Protective Equipment at Work (Amendment) Regulations 2022 states that employers are responsible for providing necessary personal protective equipment, such as a harness, helmet, or suitable shoes if required to do the job safely, not just to employees but also contractors.
Secondly, The Management of Health and Safety at Work Regulations 1999 outlines employers’ duty to conduct regular risk assessments and address any hazards that pose a risk of injury or illness.
Also, The Manual Handling Operations Regulations 1992 establishes an employer’s requirement to avoid, assess and reduce the risk of injury from manual handling.
There are many others pieces of legislation that employers must abide by. If you believe the legislation has been breached, leading you to being injured in a scaffolding collapse accident, please contact our advisors.
There are some exceptions to this time limit which our advisors can provide more information on if you get in touch.
Moreover, you should gather evidence to prove that you were injured due to your employer’s negligence and the extent of how it impacted you. You could do this by:
- Seeking medical attention
- Fill out the accident at work book
- Take pictures of your injury
- Gather witnesses’ contact details for statements to be taken at a later date
- Acquire CCTV footage of the incident
- Keep proof of any financial losses sustained
You may then wish to seek legal advice as you look to begin your claim. Our advisors can offer you a free consultation at a time that suits you best if you get in contact.
As we’ve mentioned in the section above, there is a three-year time limit for starting scaffolding accident claims. However, there are some exceptions to this limit.
For example, the time limit is paused for those under the age of 18. While the time limit is paused, a court-appointed litigation friend could make the claim on their behalf. If a claim has not been made by their 18th birthday, they will then have three years to start one.
The time limit is frozen indefinitely for those who do not possess the mental capacity to claim for themselves. A litigation friend can make their claim on their behalf. If they were to regain the capacity to claim, then they will have three years to start a claim if one has not already been made.
Our advisors can help you identify whether you are within the time limit to start a claim and can offer more advice on claiming for injuries caused by a scaffolding collapse. Get in touch today to learn more.
The compensation for a successful scaffolding collapse accident could consist of two heads of claim. You could be awarded general damages for any physical or mental pain and suffering caused by your injuries. For instance, you might receive a payout for a severe leg injury.
We have drafted a table using compensation figures that have been taken from the Judicial College Guidelines (JCG), a document used by legal professionals to assist them when valuing claims.
Due to each personal injury claim being different, these amounts should only be used as a rough guideline.
|Amputation of Arms
|Loss of Both Arms
|£240,790 to £300,000
|Loss of both arms leading to helplessness.
|Amputation of Arms
|Loss of One Arm (i)
|Not less than £137,160
|An arm amputated at shoulder level.
|Injury Resulting from Brain Damage
|£219,070 to £282,010
|Severe disabilities sustained where the injured person is considerably dependent on others.
|Injury Resulting from Brain Damage
|£150,110 to £219,070
|Moderate to severe intellectual deficit and personality changes as well as impact on sight or speech.
|£201,490 to £270,100
|Below the knee amputations of both legs.
|£96,250 to £135,920
|The most severe of leg injury other than amputation. For example, considerable degloving of the leg.
|£91,090 to £160,980
|Most serious injuries that include to the spinal cord and nerve root damage.
|Amputation of One Foot
|£83,960 to £109,650
|Similar to below knee amputation.
|£65,740 to £130,930
|Injuries including considerable fractures or damage to discs in the cervical spine.
|£45,470 to £55,990
|Injuries such as fractures, dislocation, severe damage to soft tissues, and ruptured tendons cause chronic conditions.
Furthermore, you could be awarded special damages for any financial losses incurred due to your injuries. For example, you may be unable to return to work until your injury recovers. If so, your loss of earnings might be reimbursed by special damages.
This head of claim could also account for:
- Home adaptations
- Care costs
- Medical expenses
- Travel costs
As previously stated, to strengthen your chances of receiving a payout, you should acquire evidence of the ways in which your injuries impacted you.
Please do not hesitate to speak with an advisor for a more personalised look at how much compensation you could be owed.
An advisor from our team can assess the eligibility of your claim if you get in touch. If they judge you to have an eligible claim, they might connect you with a No Win No Fee solicitor from our panel.
Moreover, they generally represent claimants via a No Win No Fee agreement. Therefore, they may ask you to enter into a Conditional Fee Agreement (CFA) which comes under the No Win No Fee umbrella.
Entering into a CFA means that you typically do not have to pay for your accident at work solicitor’s services upfront or while your claim is ongoing. Furthermore, you don’t have to pay for your solicitor’s services if your claim is lost.
Nevertheless, you will have to pay if your workplace injury claim is won. In this case, a success fee will be deducted from the compensation you are owed and paid to your solicitor. This is legally capped, ensuring that you receive most of your compensation.
To find out whether you meet the criteria to be represented on this basis, please get in touch with a member of our team by:
Learn More About Building And Construction Industry Accident Claims
Here are some of our own guides that could help you when seeking workplace accident at work compensation:
- I had an accident at work; what are my rights?
- Broken leg at work – how to claim compensation
- Can I claim for an accident at work after I left the company?
We have provided you with further reading regarding this topic that may be of use:
Thank you for reading this guide on how to claim if you have been injured in a scaffolding collapse accident.