Working at height using scaffolding carries with it inherent risks. Falling from scaffolding can cause serious and life-altering injuries. Broken bones, significant ligament damage and head injuries are all possible. There is also a psychological impact an accident like this can have, as returning to work at height can be intimidating. This guide about scaffolding accident claims will aim to answer any questions you may have about making an accident at work claim.
Given the risks involved, there are many health and safety rules and procedures that employers should follow to help keep those working at height safe. If such rules are not followed, then you can claim compensation if you are injured. We will look at the circumstances under which you can claim, but first, we start by looking at how compensation is calculated and what out-of-pocket expenses are claimable.
We also look at some practical steps, such as what evidence is needed to prove your claim and also what steps you should take after falling from scaffolding at work. Finally, we discuss how a No Win No Fee solicitor from our panel can assist you with the claims process before leaving you with some further resources to consider.
Why not see if you meet the eligibility criteria to start a claim now? You can:
- Talk to a dedicated advisor on 0800 408 7826
- Use get live discussion window below to get started
- Contact us online using the call-back form.
Jump To A Section
- Compensation Calculator For Scaffolding Accident Claims
- Can You Claim For Scaffold Accidents?
- What Types Of Scaffolding Accidents Could Lead To A Claim?
- What Steps Can You Take After Receiving Treatment For A Scaffolding Accident?
- Why Make Scaffolding Accident Claims On A No Win No Fee Basis?
- More Information About Claiming For An Accident At Work
Compensation Calculator For Scaffolding Accident Claims
There are two heads of loss that are looked at when calculating injury compensation. General damages compensate the claimant for the physical pain and psychological injuries caused by the scaffolding accident.
Factors that will increase the damages awarded for injuries include the injuries severity, the long term impact of the symptoms and the total recovery period.
Attending an independent medical examination as part of the claims process may be necessary. This generates a medical report, which can assist the calculation process when looking at what you might be owed. A solicitor on our panel could help arrange this medical at a time and place convenient to you.
In conjunction with medical reports, those responsible for calculating general damages might refer to publications such as the Judicial College Guidelines (JCG). This contains award bracket amounts for a variety of injuries, and we have below a table that might relate to scaffolding injuries:
Compensation Guidelines
| INJURY | SEVERITY | AWARD GUIDELINES | NOTES |
|---|---|---|---|
| Multiple Injuries and Special Damages | Severe | Up to £1 million plus | This level of award relates to multiple severe injuries and special damage amounts for care costs, medical treatments and lost earnings. |
| Head | (a) Very Severe | £344,150 to £493,000 | Little meaningful response to external stimuli and need for constant professional care. |
| (d) Less Severe | £18,700 to £52,550 | A good overall recovery but not a restoration of full normal function. | |
| Neck | (a) Severe (i) | IRO of £181,020 | Cases of incomplete paraplegia or where there is little or no motion in the neck despite a collar being worn 24-hours a day. |
| Back | (a) Severe (i) | £111,150 to £196,450 | The most severe type of injury impacting the nerve root and spinal cord. |
| (b) Moderate (i) | £33,880 to £47,320 | Includes injuries such as crush and compression damage in the lumbar vertebrae area. | |
| Chest | (b) Traumatic Injury | £80,240 to £122,850 | Cases of permanently impaired function, disability and reduction in life expectancy. |
| Leg | Severe (ii) Very Serious | £66,920 to £109,290 | Injuries serious enough to cause permanent need for mobility aids as well as the type of fractures that need years to repair. |
| Wrist | (a) Complete Loss | £58,710 to £73,050 | The type of injuries that create a complete loss of function in the wrist despite surgery. |
| Ankle | (b) Severe | £38,210 to £61,090 | Cases that require extensive periods in plaster or the insertion of plates and pins to aid recovery. |
Please note that these amounts are guidelines only, and claims will always vary according to individual circumstances. Furthermore, our table includes a topline amount that does not come from the JCG.
You may also qualify for the second head of loss, called special damages. These aim to reimburse you for the financial harm caused by your injuries. Evidence is required to include a claim for special damages. For example, you might have:
- Wage slips that prove a drop or loss in earnings caused by missed work.
- Medical bills.
- Proof of prescription charges.
- The receipts for domestic care costs paid to anyone who looked after you.
- Tickets and receipts for essential travel.
Our team of advisors can answer any questions you may have about general and special damages. They can also answer other questions about scaffolding accident claims, so why not call the number above to learn more?
Can You Claim For Scaffold Accidents?
The Health and Safety at Work etc Act 1974 (HASAWA) lays out an employer’s responsibility to take practicable and reasonable steps to ensure workers are safe while doing their jobs. In addition to this, there is the Working At Height Regulations 2005, which details specific essential actions to protect employees who work at height. These pieces of legislation set out duties that your employer owes to you.
Together, these laws outline how employers should do things such as perform adequate risk assessments, plan scaffolding jobs prior to work commencing, ensure that employees are adequately trained to work at height and have necessary personal protective equipment (PPE). These are just some of the steps employers should take, and if they do not, they could be in breach of their duty to you. If you suffer harm because of this breach, you will have an eligible personal injury claim.
It could be the case that scaffolding was provided and constructed by a third party. You would still be able to bring a compensation claim in these circumstances. Section 3 of HAWASA states that employers owe a duty to those who are not employed by them so far as it is reasonably practicable. So, a company that did a substandard job of erecting scaffolding could owe you a duty, even though they are not your employer.
The criteria you will need to prove to have a successful case are:
- Your employer (or a third party) owed you a duty of care
- This duty was breached
- The breach of duty caused an injury
If you think the above criteria may apply to you, you can contact an advisor to discuss the next steps.
What Types Of Scaffolding Accidents Could Lead To A Claim?
As indicated in the previous section, there are many steps your employer could have to take to ensure your safety. With this in mind, here are some examples of eligible scaffolding accident claims:
-
-
- An employer fails to assess the risks of a scaffolding project correctly. This leads to scaffolding being erected on unstable ground. The scaffolding collapses, and an employee breaks their back in the fall.
- Suitable personal protective equipment (PPE) in the form of a safety harness is not provided. Whilst working with scaffolding, an employee falls, suffering a broken wrist.
- Scaffolding is not inspected, and a fault in its erection is not picked up. The scaffolding collapses, causing an employee to suffer broken ribs.
- Due to a lack of training, an employee does not have the knowledge and experience to work safely at height. They fall and suffer a fractured skull.
- An employee is instructed to keep working on scaffolding during poor weather. A combination of wind and rain caused the employee to fall and injure their leg.
-
To discuss your specific accident circumstances and get a free no obligation case assessment, contact our team today.
Can You Claim For Scaffolding Injuries Outside The Workplace?
A scaffolding accident can affect a member of the public as well. Falling debris and loose scaffolding poles can fall and hurt passers-by. If you were injured this way, you could be eligible to claim compensation in a public liability claim.
Those who control (occupy) public spaces owe a duty of care to visitors under the Occupiers’ Liability Act 1957. To meet this duty, they must take reasonable steps to ensure a visitor’s safety. This could include constructing the scaffolding with a safety net if there is a chance that falling debris could injure members of the public.
This is in addition to the extension of HASAWA duty under Section 3, as discussed earlier in the guide, which states that employers owe a duty to those affected by their work.
If you have been injured in a scaffolding accident, why not contact our team today to potentially start your claim?
What Steps Can You Take After Receiving Treatment For A Scaffolding Accident?
The first action after a scaffolding accident is to have all your injuries assessed and treated by a medical professional. After this, if you think you have a claim, you could start to take some actions to help your claim.
-
- Request a copy of the accident book entry.
- If your accident was recorded, you could request a copy of the CCTV footage.
- Get the details of any witnesses (e.g. colleagues or passers-by) so that a statement can be taken later if needed.
- Take some photographs of the accident site or what specifically caused your injury.
- Hold on to any medical appointment letters or treatment notes.
- Keep a diary of your symptoms.
You do not need to worry if you cannot provide all of the items above. An experienced accident at work solicitor from our panel can assist you with any evidence needed to support your claim. Call today to see if you can start a case.
Can You Lose Your Job For Making A Scaffolding Accident Compensation Claim?
An employer cannot legally dismiss you for starting a compensation claim against them. All UK employers should have insurance for accidents at work. So if the claim against them is a success, their insurance company will pay out the damages. Should you encounter dismissal or hostility because of the claim you’ve made, you have other rights in the workplace and could have grounds for an unfair dismissal claim.
Why Make Scaffolding Accident Claims On A No Win No Fee Basis?
Even though you are free to start a claim yourself, it makes sense to see if a personal injury solicitor could help you. The issue that might prevent most people from appointing legal representation is a concern about legal costs. However, there is a potential solution to this.
The personal injury solicitors on our panel can potentially help eligible claimants by using a version of a No Win No Fee contract called a Conditional Fee Agreement (CFA). Under an agreement such as this, the following typically applies:
- No initial fees need to be paid for the solicitors to start work on your claim.
- No fees apply for the solicitor’s services going forward.
- If your claim is unsuccessful, you don’t need to pay for their completed services.
- The compensation is subject to a small and legally restricted percentage being deducted if the claim is successful. This success fee means that the bulk of the award goes to you.
An agreement like this could help you to make a scaffolding compensation claim today. Why not see if an expert personal injury solicitor from our panel can handle yours with you?
- Talk to a dedicated advisor on 0800 408 7826
- Use get live discussion window below to get started
- Contact us using the call-back form.
More Information About Claiming For An Accident At Work
As well as this guide on scaffolding accident claims, there are other helpful articles from our website:
- Here is our compensation calculator for an accident at work.
- Consider our farm accident claims guide.
- Learn more about making a construction site claim.
External resources:
- Useful information on back pain from the NHS.
- Some health and safety statistics from the Health and Safety Executive (HSE).
- Information on construction site safety, also from HSE.
In conclusion, we appreciate your interest in our guide about scaffolding accident claims. If the team can be of any other help, please reach out through the contact options above.