How Much Compensation Can I Claim For A Scaffolding Accident?
By Cat Way. Last Updated 15th November 2023. 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 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.
Select a Section:
- Compensation Payouts For A Fall From Scaffolding
- When Could You Claim Compensation For A Scaffolding Accident?
- How To Prove A Claim For Injuries Caused By A Scaffolding Collapse
- Time Limit Exceptions When Claiming For A Scaffolding Accident
- What Could Cause A Scaffolding Accident?
- Claim For A Scaffolding Accident With A No Win No Fee Lawyer
We’ve already discussed what can be claimed for following a collapse of scaffolding. However, you might be wondering, ‘how much for scaffolding accident injuries could I receive?’. Whether you suffer a physical injury, such as a broken foot injury, or your mental health is affected and you experience anxiety or post-traumatic stress disorder (PTSD), we can estimate potential figures for injuries using the Judicial College Guidelines (JCG).
Legal professionals tend to use the JCG when calculating personal injury compensation. Previously updated in April 2022, the JCG includes compensation amounts that are influenced by several factors. For example, how severe the injury is and the impact that it has had on the claimant’s quality of life. Other elements, such as how long it may take to recover from an injury, are also accounted for.
|Type of Injury||Notes||Average Compensation|
|Multiple Serious Injuries||Multiple severe injuries and financial losses, for example, lost earnings and pension contributions.||Up to £500,000|
|Back Injury||Severe (i) - The nerve roots and spinal cord have been damaged. This will cause a severe disability with pain.||£91,090 to £160,980|
|Brain and Head Injury||Moderate (iii) - Memory and concentration are affected. There is also a slight risk of epilepsy and work ability has been reduced.||£43,060 to £90,720|
|Foot Injury||Severe - Both heels have been fractured, which causes permanent pain and restricted mobility. (d)||£41,970 to £70,030|
|Leg Injury||Severe (iii) - Comminuted or compound fractures that are serious, or injuries to the ligaments or joints.||£39,200 to £54,830|
|Wrist Injury||(b) - Some useful movement remains in the wrist despite a permanent disability that is significant.||£24,500 to £39,170|
|Other Arm Injury||Less Severe - A significant degree of recovery has taken place despite substantial disabilities.(c)||£19,200 to £39,170|
|Knee Injury||Moderate (i) - Torn cartilage or the knee has been dislocated. This will result in a mild disability, with weakness and wasting.||£14,840 to £26,190|
|Ankle Injury||Modest - Undisplaced or minor fractures or sprains. Whether a full recovery has been made will affect the compensation award.(d)||Up to £13,740|
You should use the figures above as guidance only. The final award you may receive will also depend on any special damages that you claim for. Get in touch at any time if you would like one of our expert personal injury solicitors to assess your claim and work out your potential award figure. Find out how to contact us in the next section.
Can I Claim Special Damages For Injuries After Falling From Scaffolding
If you make a successful personal injury claim after falling from scaffolding, you could also be awarded special damages as part of your compensation settlement. Special damages compensate you for the financial losses you have experienced due to the injuries you suffered in a scaffolding fall.
Under special damages, you could be awarded compensation for:
- Loss of earnings – if you‘ve lost out on income because you needed time off to recover.
- Care costs – if your injuries require you to need care at home, your compensation payout could include care costs.
- Medical expenses – if you‘ve incurred prescription charges, for example.
- Travel expenses – for transport to hospital appointments, for example.
You will need to provide evidence of these costs to claim for them. Receipts, bank statements and payslips could be used as evidence in your claim.
If you would like help with your claim, or advice on what costs could be included in your scaffolding accident compensation claim, you can contact our advisors.
If you’ve been harmed as a result of a scaffolding accident, you may be wondering if you can claim compensation. The first step of making a personal injury claim after an accident at work is pinpointing who is responsible for your injuries, and to do this, identify who owed you a duty of care.
While working, your employer owes you a duty of care to take all reasonably practicable steps to keep you safe. Your employer’s duty of care is outlined in the Health and Safety at Work etc. Act 1974 (HASAWA).
If they breach their duty of care by failing to fulfill these responsibilities, and you are injured as a result, this is known as negligence in tort law. It’s important to note that you have to be able to prove that negligence occurred in order to make an accident at work claim.
To learn more about making an accident at work claim after falling from scaffolding or being involved in a scaffolding injury, contact our team. They can offer more information, and may be able to put you in contact with a solicitor.
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.
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 court-appointed litigation friend could start a claim on their behalf. If the injured party regains this mental capacity and a litigation friend did not claim for them, they will have three years from the date of recovery to start proceedings.
- 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 the injured party reaches their 18th birthday, they will have three years from that date to bring forward a 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.
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.
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.
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.
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:
Below, you can find lots of guides on claiming compensation for a workplace accident:
- How to claim for a minor injury at work
- 10 things to know about accident at work claims
- What to do if injured from work activities
- Firefighter accident at work claims
- Agency worker accident at work claims
- Night shift accidents
- Emergency service worker accidents
- Part-time worker accidents
- Accidents caused by inadequate protective equipment
- Paralysis injury claims
- Work accidents caused by tools
- Office accident claims
- Injuries caused by dangerous machinery at work
- Workplace accident claims
- Can you make an injury claim against a colleague?
- Agency worker accident claims
- Forklift truck accidents
- Can I be sacked for making a workplace accident claim?
- Do I get sick pay after an accident at work?
- Steps to take when injured at work
- Manual handling claims
- One person and two-person lifting and handling cases
- How to claim for a ladder accident
- How to get compensation for a cut finger at work
- Warehouse accident claims
- Defective work equipment cases
- Industrial deafness claims
- Our accident at work claims FAQs page
- I Fell Through A Roof At Work – Can I Claim?
- Get advice on claiming compensation if you fell over a box and were injured in the workplace.
- Find out what to do if you hurt yourself in an accident at work by reading our helpful guide.
- Learn if new employees can make a personal injury claim through our guide. Get more information on the claims process.