A Complete Guide To Scaffolding Accident Claims

By Cat Way. Last Updated 25th June 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:

1. Compensation Payouts For Scaffolding Accident Claims
2. Who Could Make a Scaffolding Accident Claim?
3. How To Prove Scaffolding Accident Claims
4. How Long Do I Have To Claim For A Scaffold Accident?
5. Examples Of Scaffolding Accidents You Could Claim Compensation For
6. Claim For A Scaffolding Accident With A No Win No Fee Lawyer

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.

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.

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?

As we mentioned earlier, there is generally a three-year limitation period when starting a claim for injuries suffered in a scaffolding accident. However, in certain circumstances, there are exceptions to this time limit. These exceptions include:

• Those who lack the mental capacity to begin legal proceedings themselves will have an indefinite suspension applied to the time limit. However, during this suspension, a litigation friend appointed by the court could start a claim on their behalf. If is mental capacity were to be recovered and a claim has not been started or made, they would have three years to start proceedings from this date.
• Those under the age of 18 will have a pause applied to the time limit lasting until their 18th birthday. Before this date, a litigation friend could make proceedings on their behalf. Once they have 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 any injuries you suffered due to falling scaffolding. They can assess whether your claim is valid and within the limitation period.

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.

Claim For A Scaffolding Accident With A No Win No Fee Lawyer

If you were injured in a scaffolding accident, you may be interested in claiming compensation. One of our solicitors could help you do this, whether you suffered injuries from a fall from scaffolding or a scaffolding collapse, provided you have a valid case. They have experience handling claims for different types of workers, including those who are self-employed and had an accident at work.

Our solicitors offer their services on a No Win No Fee basis by offering their clients a Conditional Fee Agreement (CFA). Working with a solicitor under a CFA means that you aren’t required to pay any upfront or ongoing fees in order for them to get started or keep working on your claim. Similarly, if your claim fails, then you won’t be asked to pay a fee to your solicitor for their work.

The only fee your solicitor will take for their work under a CFA is a success fee, which is only taken if your claim succeeds. In this case, your solicitor will take a small percentage of your compensation. However, there is a legislative cap in place here to help ensure that the larger share of your award stays with you.

To find out how one of our solicitors could help you, contact our team of advisors today. A member of our friendly team can offer you a free consultation and potentially connect you with a solicitor. To get started:

• Call us on 0800 073 8804
• Contact us online
• Use the live chat feature