How Much Compensation Can I Claim For A Scaffolding Accident?
By Marianne Archeron. Updated 2nd March 2022. According to construction accident statistics gathered by the Health and Safety Executive (HSE), employers reported an average of 681 non-fatal falls from height accidents to employees between 2014/15 and 2020/21. Some of these accidents could potentially be due to a fall from scaffolding.
Very few of those who have suffered from scaffold accidents injuries and deaths such as these will receive any financial compensation for their accident. However, this does not have to be the case.
If you believe that your scaffolding accident was the responsibility of another party, regardless of whether you are a member of the public or construction site worker, you could be entitled to compensation.
If you are considering making a scaffolding accident claim, you should read the following guide which will attempt to provide the answers to any questions you may have.
Select a section:
- A guide to Scaffolding Accident and Injury Claims.
- What Is a Scaffolding Accident Claim?
- Who is Responsible for a Scaffolding Accident?
- What to Do If You Are Involved in a Scaffolding Accident?
- Which Factors Cause the Most Accidents on Scaffolds?
- How to Make a Scaffold Injury Claim as a Construction Site Employee.
- How to Make a Scaffold Injury Claim as a Member of the Public.
- Common Injuries Sustained as a Result of Scaffolding Accidents.
- How to Begin a Scaffolding Accident Compensation Claim.
- What Can Be Claimed for After a Scaffolding Accident?
- No Win No Fee Scaffolding Accident Claims.
- How Much Compensation Will I Get for a Scaffolding Accident?
- Case Study.
- Why Choose Us As Your Claims Service After a Scaffolding Accident?
- Call For Free Advice and to Start a Claim.
This guide will provide you with the information you need to make a fully informed decision about your scaffolding accident claim. It will provide you with information about the definition of a scaffolding accident, the responsibility of the parties involved, the injuries commonly sustained from such accidents, and the ways in which these injuries can influence the outcome of your claim.
The guide will additionally provide you with advice regarding the best ways to maximise your compensation amount, primarily with the assistance of our company as your Claims Service.
If you are still curious about the details of your claim and how the case might proceed, our contact details can be found in the final section. For additional information, see the HSE Construction Guidelines.
A scaffolding accident claim is a specific category of injury and accident claim, directly related to an accident that involves scaffolding. However, the categorisation includes both work accident claims made by employees who are injured by scaffolding whilst working and occupiers liability claims made by members of the public who are injured by scaffolding when passing by. Any accident involving scaffolding may be suitable for a compensation claim. As we will discover in the next section, the responsibility of those involved will be an important consideration.
Contact us at any time to find out more about what a scaffolding accident claim could be.
One of the most essential aspects of your scaffolding accident claim will be the issue of responsibility, namely who you believe to be responsible for your accident and, more importantly, who you can prove to have been responsible for your accident.
When dealing with scaffolding accident claims (or any form of accident claim, for that matter) the responsibility of any involved party is fundamentally based upon an understanding of ‘negligence.’ In this legal context, ‘negligence’ refers to an active failure of duty in regard to the standards of health and safety that all individuals, businesses, and employers must adhere to.
However, when applied to a scaffolding accident claim, responsibility – and negligence – can be difficult to determine as a result of the numerous different parties involved in the process of erecting and using scaffolding who may be responsible for your accident. These can include (but are not limited to):
- The construction company running the building site may be responsible, especially if they have failed to uphold the scaffolding health and safety standards necessary as part of the Construction Design and Management Regulations 2015 and this negligence resulted in a scaffolding accident.
- An individual employee of said company may be responsible if they were negligent in following the rules of the construction site or acted irresponsibly, thereby causing a scaffolding accident.
- A materials manufacturer may also be considered responsible if they failed to supply the construction company with adequate supplies or materials and these materials resulted in a scaffolding accident.
The issue of responsibility will form the foundation of any compensation claim. If you are unsure of the parties’ responsibility in your case, it may be worth discussing the matter with a solicitor. More information on liability can be found in the HSE Construction Regulations 2015.
Knowing what to do immediately after an accident can be confusing. This is particularly true in the case of a scaffolding accident, a type of accident that can easily cause a serious head injury. If you are involved in a scaffolding accident, the first step you should take is seeking the appropriate medical care; either calling an ambulance or taking yourself to the hospital, depending on how severely you have been injured.
However, once you are medically stable, you may want to make a compensation claim for your scaffolding accident. The following steps will apply to your case, regardless of whether you were an employee or a member of the public when the accident took place. Fundamentally, what you will need to do is gather different and varied evidence in order to support your scaffolding accident compensation claim.
You don’t need to hire a solicitor to help you gather evidence, but we always recommend that you do. Our solicitors can guide you through the claims process and help you understand what evidence could help you build a strong case. As such, we advise the following:
- Firstly, you will need to gather evidence to prove that the accident occurred. For example, consider if you have suffered an injury as a result of a fall from scaffolding that you were working on. You should immediately have the accident recorded in the site’s Accident Report book and, even without this, you could ask other workers who witnessed the accident to give statements about the sequence of events.
- Secondly, you will need to gather evidence to prove the accident occurred as result of someone’s negligence. This will involve an investigation into the construction site where the accident occurred, i.e. who owns the property, what company is overseeing the construction, etc. If you have determined this, you will then need to prove that their negligence caused the accident, such as if regulations were not in place.
- Finally, you will need to gather evidence to prove the severity of any injury that you suffered as result of the accident. This could involve a medical report if an ambulance was called to the scene, or a diagnosis from a General Practitioner if the injury is complex. If you find yourself unable to provide this information, our company can arrange a local medical assessment to help you.
All of these steps are important when making a scaffolding accident claim and vital if you want to receive the correct amount of compensation for the injury you have suffered. This is why contacting a Claims Service is so important to your claim.
If chosen as your Claims Service, our company can assist you in the gathering of this evidence: providing a local medical assessment of the severity of your injury and even potentially investigating the circumstances of your accident to find supporting evidence – such as CCTV footage – and negligence on the part of an individual.
The services our company can provide will be discussed in greater depth later in this guide. Alternatively, our advisors are available 24/7 to talk to you directly about your case.
While many people believe that scaffolding accidents (and other building site accidents) are relatively straightforward, this is rarely the case. There are a large variety of different circumstances in which a scaffolding accident could happen, both as a construction site employee and a member of the public:
- The primary causes of scaffolding accidents, particularly when considering construction site employees, are slips and falls. Falling from a large scaffolding structure can easily cause moderate and severe back injury and leg injuries, as well as difficulties working and potential brain damage in the event that a head injury occurs.
- A secondary cause of scaffolding accidents, particularly when considering members of the public, involves objects falling from the structure. When dealing with heavy and dense tools and materials, these objects falling onto individuals both on the street and working on the construction site can cause serious injury, particularly brain and head injuries.
However, the circumstances of your scaffolding injury claim cannot be generalised. If you seek legal assistance, a Claims Service can aid you in delineating how and why an accident occurred.
If your scaffolding accident occurred whilst you were a construction site employee, a unique set of issues and steps must be considered. These issues are less relevant in cases involving members of the public.
In these cases, you will need to make a worker’s compensation claim against your employer, as they may be the negligent party in any scaffolding accident claim that you make. This protects individuals within the employ of the company, as any compensation paid out to you as the result of your claim will be taken from the company’s Employer’s Liability Insurance. Claims will follow a familiar path, as determined by typical employee/employer regulations.
However, specific difficulties also arise from making a scaffolding accident claim as a construction site employee. For example, you will need a record of the accident in the Accident Report book to prove that it occurred. While you can use witness statements from those who saw the accident, this is the preferred piece of evidence and without it, your case’s credibility will be undermined.
If your scaffolding accident claim occurred when you were a member of the public, however, you will need to make a personal injury claim against the occupier of the property on which your accident occurred.
The occupier’s negligence in these cases will be covered by their general duty of care, as stated in the Occupiers Liability Act 1957, which places responsibility on the occupier of a property to ensure the safety of any individual on said property.
If a piece of concrete is dropped from a high scaffolding structure, for example, and then falls on and hurts you, your claim could be against the company for failing to ensure you were not injured. A legal professional can help clarify matters in this regard.
When considering your scaffolding accident claim, regardless of whether you are a member of the public or a construction site employee, one aspect you may wish to investigate is the common injuries that can be sustained as a result of such accidents.
Information about these injuries could assist you in determining the full extent of your own injuries as a result of your accident. Common types of scaffolding-related injuries could include:
- Bone fractures and breaks, particularly of the legs. These most commonly occur as the result of falling from a scaffolding structure but can still occur as the result of falling objects hitting your limbs.
- Internal and external lacerations, i.e. severe cuts to your organs and body. These could occur as a result of objects, particularly sharp metals, falling from scaffolding structures and hitting a person.
- Less common (but often more serious) injuries that can be sustained as the result of scaffolding accidents are head and brain injuries. These injuries can occur as the result of either falling from a scaffolding structure or being hit on the head by a falling object and can have incredibly serious ramifications, such as concussion and major brain trauma.
For example, if you were working atop a scaffold structure and a health and safety breach caused the scaffold to collapse, you could potentially suffer fractures and severe lacerations from hitting the ground.
Some scaffolding accidents could even potentially result in fatal injuries. If this happens, a family member could claim compensation on behalf of the deceased.
When you are filing a compensation claim, knowing the exact details of your injury will be very important. We will discuss this further in a later section.
The process of beginning your compensation claim for an accident on a building site might seem complicated but there are a number of steps which can simplify the process. The first step you need to take is to gather the necessary evidence to support your scaffolding accident claim, including documentation of the circumstances of your accident and the severity of your injury.
After you have collected this information, you can seek out the legal representation of a Claims Service such as our company. You can do this by calling us directly. Alternatively, you can fill out our contact form to receive a free consultation over the phone.
In this consultation session, we will assess how valid we believe your scaffolding compensation claim to be, depending upon the evidence that you provide. We will then give you our honest opinion concerning how successful we believe your claim is likely to be and how much compensation you might receive.
After this session, if you still wish to continue with your scaffolding accident claim and you wish to work with our company as your Claims Service to do this, we will begin to handle the more complicated aspects of the case and our team of legal experts will give you personalised advice on how to proceed. For those recovering from an injury, this can be very helpful.
To get started on this process, get in touch with us at any time.
One of the main considerations regarding your scaffolding accident claim is what exactly you are able to claim as compensation. While most people know that they are able to claim for medical expenses related to their injuries, many are not aware of the full extent of damages and costs for which they could receive compensation:
- General damages – are typically damages which are difficult to quantify, such as emotional damage and the physical suffering you have experienced. This makes them difficult to prove as part of your case but can still often be successfully claimed.
- Special damages – are more measurable damages, such as your direct loss of earnings, or damage to your property (such as your phone or vehicle). These damages are relatively easy to claim as they can be easily quantified.
- Medical costs – typically includes the cost of medical tests and treatments not covered by the NHS and the cost of long-term care and rehabilitation.
- Travel costs – typically includes the cost to travel between your home and hospital appointments or travel costs to work if your injury is particularly debilitating.
Deciding on a final settlement total is not simple. The assistance of a qualified, experienced solicitor can be very helpful in this regard.
For those who are feeling wary about making a scaffolding accident claim, one of the biggest worries might be the potential financial implications of using a Claims Service. This can severely damage you at a time when you will almost certainly be in a weakened financial state, especially if you have been unable to work as a result of your injury.
This is why our company offers you our assistance as a Claims Service with a No Win No Fee policy. This policy, also known as a Conditional Fee Agreement, is essential to our company’s ethos of fair treatment to those who need our help.
The policy guarantees that we will not require any money for services before the conclusion of your case and – if your case is not successful – there will be nothing to pay in this respect. This agreement can make the process of claiming compensation a great deal easier, reducing the stress and the risk which may be preventing you from claiming.
One major concern for you regarding your scaffolding accident claim will be how much compensation you could receive at the end of it. While every case must be considered on an individual basis, we can provide you with average compensation amounts organised by type and severity of your injury:
|Type of Injury||Severity of Injury||Average Compensation|
|Toe Injury||Minor - Severe||Up to £42,600|
|Foot Injury||Minor - Severe||Up to £153,000|
|Ankle Injury||Minor - Severe||Up to £53,000|
|Knee Injury||Minor - Severe||Up to £73,125|
|Leg Injury||Minor - Severe||£21,100 - £214,350|
|Finger Injury||Minor - Severe||£6,925 - £41,675|
|Wrist Injury||Minor - Severe||£2,675 - £45,500|
|Hand Injury||Minor - Severe||£700 - £153,200|
|Elbow Injury||Minor - Severe||Up to £41,675|
|Arm Injury||Minor - Severe||£14,600 - £228,000|
|Shoulder Injury||Minor - Severe||Up to £36,500|
|Neck Injury||Minor - Severe||Up to £112,750|
|Back Injury||Minor - Severe||Up to £122,350|
|Eye Injury||Minor - Severe||£3,000 - £136,700|
|Ear Injury||Minor - Severe||Up to £83,352|
|Face Injury||Minor - Severe||£1,775 - £34,600|
|Head Injury||Minor - Severe||£1,675 - £307,000|
As you can see from these averaged settlements, the type and severity of an injury caused by a scaffolding accident can be incredibly important to your claim. This is why we place so much emphasis on correct diagnoses, including arranging a local medical assessment of the severity of your injury.
Get in touch with us today to find out more about payouts for scaffolding accident claims.
If you remain unconvinced by the process of making a scaffolding accident claim, it can help to consider a real example of a scaffolding claim and how we were able to help the claimant.
In this case, the claimant was a construction worker who was struck by a rebounding pole after it was dropped from a scaffolding structure. The claimant suffered moderate facial injuries and then required extensive surgery to repair their facial tissue.
They were able to receive a compensation payout of £13,000 after their employer accepted they had acted in a negligent manner by not properly training and informing individuals on the regulations related to scaffolding.
This should show you how your claim might unfold. However, every case needs to be considered on an individual basis. Accordingly, this case study provides a general guideline rather than a definitive example of how your case will proceed.
When you make your scaffolding accident claim, you will need the support of our company as your Claims Service in order to ensure that you get the compensation you deserve.
We have many years of experience in dealing with personal and work accident claims, which places us as one of the most capable companies for your scaffolding claim. We have an extremely good understanding of how to successfully present an accident claim to a court and which aspects of your claim require the most attention in order for you to receive the maximum amount of compensation for your accident.
We have a team of legal experts with exemplary records dealing with accident claims, especially scaffolding accident claims. They can provide you with the support that you will need through this difficult process, as efficiently and as professionally as possible. For more information about our free consultation session, our ‘No Win No Fee’ agreement, and our expertise, call our offices today.
If you want the best chances of receiving the compensation that you deserve for your scaffolding accident claim, you should enlist our services as your Claims Service.