By Stephen Hudson. Last Updated 24th September 2024. In this guide, we discuss claiming compensation for injuries caused by a scaffolding accident, such as a fall from scaffolding. If a scaffolding accident was the responsibility of another party, regardless of whether you are a member of the public or a construction site worker, you could be entitled to compensation.
If you are considering making a scaffolding accident claim, it is worth reading this guide to learn more about how such claims work and how much you could potentially claim.
Something to be aware of is that there is usually a three-year time limit for starting a scaffolding accident injury claim. This is applied by law under the Limitation Act 1980 and usually starts from the date of your accident.
If you want to make your compensation claim, do not hesitate to contact our company through the contact form provided, our webchat, or by calling 0800 073 8804.
Select a Section:
- Who Could Make a Scaffolding Accident Claim?
- How To Prove Scaffolding Accident Claims
- How Long Do I Have To Claim For A Scaffold Accident?
- Examples Of Scaffolding Accidents You Could Claim Compensation For
- Compensation Payouts For Scaffolding Accident Claims
- Claim For A Scaffolding Accident With A No Win No Fee Lawyer
Who Could Make a Scaffolding Accident Claim?
If you are in a scaffolding accident, there is a chance that a third party owed you a duty of care at the time. This means that they had a legal obligation to keep you safe.
For example, if you were working on scaffolding, you are owed a duty of care by your employer, or potentially a site manager or main contractor.
They should all take care to follow Section 2 of the Health and Safety at Work etc. Act 1974 (HASAWA). This requires them to take all reasonable and practicable steps that ensure worker safety on site.
If you’re in a public place where scaffolding is up, the occupier of that place needs to take all measures that keep you reasonably safe. This duty is laid out for them by the Occupiers’ Liability Act 1957 (OLA).
You could make a scaffolding accident claim if you can show that:
- A third party owed you a duty of care at the time and place of the accident.
- They breached this duty. For example, they incorrectly set up the scaffolding, leading to a scaffolding collapse.
- This led to an accident where you suffered harm.
Whether you have a fall from scaffolding claim as an employee, or a scaffolding collapse claim as a visitor, you could seek compensation if you meet these criteria. Just call the number above for help in finding out if you have a valid case.
How To Prove Scaffolding Accident Claims
When claiming after a fall from scaffolding, you’ll need to provide evidence which can highlight that your employer breached their duty of care to you and that you were injured. Your personal injury claim is more likely to be successfully settled if you have plenty of supporting evidence.
If you are injured in a scaffolding collapse, types of evidence you can gather include:
- Medical records can contain information on your condition, any treatment you have needed and the results of any tests or x-ray scans.
- You can request CCTV footage if the site has security cameras as this will show who was liable for the accident.
- The details of any witnesses that your solicitor can contact for a statement corroborating your version of events.
- If you recorded the incident in your workplace’s accident book, you can use this record as evidence of an accident at work
- A medical report from an independent medical expert can prove the extent of your injuries.
- Photographs of your injuries and the accident site.
Our expert personal injury solicitors have years of experience and could help you submit your claim in full. They’ll also be able to collect evidence of bad scaffolding on your behalf.
How Long Do I Have To Claim For A Scaffold Accident?
The Limitation Act 1980 establishes that there’s usually a three-year time limit for starting a claim for personal injuries, such as those suffered in a scaffolding accident. This time limit applies from the date the incident occurred. However, in certain circumstances, there are exceptions to this time limit. These exceptions include the following:
- For those who lack the mental capacity to begin a scaffold accident claim, an indefinite suspension is applied to the time limit. During this suspension, a litigation friend could start a claim on the injured party’s behalf. If, however, this person’s mental capacity was to recover and a claim has not already been made, they would have three years to start proceedings from the date of recovery.
- Those under the age of 18 will have a pause applied to the time limit that lasts until the day of their 18th birthday. Before this date comes, a litigation friend could claim on the injured person’s behalf. Once that person has reached their 18th birthday, they will have three years to start their own claim if a litigation friend hasn’t already done so.
Please get in touch with our advisors to discuss eligibility requirements for scaffolding accident claims or other aspects of the claiming process.
Examples Of Scaffolding Accidents You Could Claim Compensation For
There are many ways in which a scaffolding accident could occur. However, as we’ve already mentioned, you must be able to prove that negligence occurred in order to make a personal injury claim.
Some examples of how scaffold accidents could occur include:
- Lack of personal protective equipment (PPE): Your employer is expected to provide adequate PPE if your role requires it. This can include hard hats, non-slip shoes, and harnesses. If your employer does not provide these things when needed, this could result in a fall from scaffolding.
- Lack of training: Your employer is also expected to provide adequate training if it is needed for your role. This could include training on how to safely navigate scaffolding and how to construct it safely. Without it, this could lead to poorly constructed scaffolds that collapse, and you may suffer a head injury.
- Poor housekeeping: If walkways are cluttered or stairways obstructed with debris, this could cause slips and trips. If obstructions are unavoidable, a risk assessment should be used to help mitigate the risk of falls.
- Lack of maintenance: in order to assemble scaffolding, it’s important that all pieces of equipment are in good working order. Regular checks should be made by your employer to ensure safety. If not, a serious incident could arise. For example, a broken beam could break, leading to a fall from scaffolding which could pose serious health risks.
- Lack of safety checks: supervisors or staff designated as healthy and safety officers should also make regular checks of scaffolding to ensure the structure is sturdy. This can help prevent falling scaffolding once its been assembled.
Our team of advisors are on hand to help if you’ve been injured in a scaffolding accident. Contact our team today to find out if you could be entitled to make a personal injury claim.
Compensation Payouts For Scaffolding Accident Claims
You will be awarded compensation if your claim for a scaffolding accident succeeds. This payout will feature general damages, which compensates you for the physical pain and mental suffering caused by scaffolding accident injuries.
Among the factors that affect the amount given under this particular head of loss are:
- The nature and severity of your pain.
- How long your recovery period lasts, if you are able to recover.
- The injuries’ impact on your quality of life. For example, if a fall from scaffolding causes paralysis, your ability to work and live life as you did before will likely change significantly.
Those calculating scaffolding accident compensation could use the Judicial College Guidelines (JCG) to give themselves an idea of what to award under general damages. The JCG is a document featuring guideline compensation brackets for a variety of physical and mental injuries.
Guideline Compensation Table
We have provided a table containing different injuries from the JCG which could be sustained following a scaffolding accident. We have also included each injury’s guideline compensation values from the JCG (the top figure is our own and not from the JCG).
It is important to remember that because all claims are unique in circumstance, no value can be guaranteed for your specific scaffolding accident claim.
| Injury Type | Severity | Guideline Compensation Values |
|---|---|---|
| Multiple serious injuries and special damages | Serious | Up to £1,000,000+ |
| Paralysis | Tetraplegia (a) | £396,140 to £493,000 |
| Paraplegia (b) | £267,340 to £346,890 | |
| Brain damage | Very severe (a) | £344,150 to £493,000 |
| Moderately severe (b) | £267,230 to £344,150 | |
| Leg | Amputation (a) (i) | £293,850 to £344,150 |
| Amputation (a) (ii) | £245,900 to £329,620 | |
| Amputation a) (iii) | £127,930 to £167,760 | |
| Back | Severe (a) (i) | £111,150 to £196,450 |
| Severe (a) (ii) | £90,510 to £107,910 |
Can I Claim Special Damages For Injuries After Falling From Scaffolding?
Special damages awards compensation for the money you have lost due to the injuries you suffered in your scaffolding accident. For example, you may be able to claim for the cost of:
- Home adaptations. For example, if you now require a wheelchair after scaffolding collapsed on top of you, you may need to pay to adapt your home to make it wheelchair accessible (such as installing wheelchair ramps).
- Medication costs such as painkillers and prescriptions.
- Travel costs to go to and from hospital appointments.
If you are awarded special damages, this payout will restore your monetary position to what it was before you were injured in your scaffolding accident. However, unlike general damages, special damages are not always given in successful personal injury claims. So, please keep any receipts, bank statements, invoices, and payslips that can prove your injury’s financial impacts.
Contact us to speak to an advisor about how compensation for scaffolding accident claims can be calculated.
Claim For A Scaffolding Accident With A No Win No Fee Lawyer
Now that you know more about scaffolding accident claims, let’s talk about the benefits of working with a scaffold accident solicitor on your claim.
If you’ve suffered a fall from scaffolding or an injury from a collapse, then one of our expert solicitors may be able to help. When you choose to work with a solicitor, they can make the claims process feel less overwhelming by helping you:
- Prepare your claim for Court, if this is necessary
- Understand legal terminology
- Learn about each step of the claims process
- Communicate with the other parties involved
- Gather evidence to strengthen your claim
One of the benefits of working with our expert solicitors is that they work on a No Win No Fee basis. They do this under the terms of a Conditional Fee Agreement (CFA), which allows you to access their services without paying anything upfront, as the claim progresses or at all if the claim isn’t successful.
If your scaffold accident claim succeeds, your solicitor will take a small success fee from the compensation awarded to you. This is taken as a small percentage.
Contact Us
Our team of advisors are on hand to help if you’d like to learn more about scaffolding accident claims. They can evaluate your claim for free, and can potentially connect you with one of our solicitors. To get started:
- Call us on 0800 073 8804
- Contact us online
- Use the live chat feature
