If you have been involved in a scaffolding accident that was your employer’s fault, you may be eligible to make a workplace accident claim. This guide will explore the eligibility criteria for seeking personal injury compensation.
You may have suffered some form of physical or mental harm in an accident at work. If so, the compensation you may receive could take into account the impact your injuries have had on your quality of life. We will explore this in further detail throughout our guide.
Additionally, we aim to look at:
- How to claim for an injury at work, including the evidence you can gather to support your case.
- How much compensation for an injury at work you could receive and how it’s calculated.
- What counts as employer negligence.
However, if you would prefer to speak to one of our advisors, you can do so. They are available to offer free legal advice 24/7. To get in touch:
- Call the number at the top of the page
- Use the live chat feature in the bottom right of the screen
- Fill out our ‘contact us’ form
Scaffolding accident claims guide
Can I Claim For A Scaffolding Accident?
An accident at work is any injury or illness that is caused or worsened whilst in the workplace. There are many ways a workplace accident could occur and various injuries that could be sustained as a result. However, we will be focusing on construction accidents involving scaffolding and the harm they could cause for the purpose of this article.
According to the Health and Safety Executive (HSE), scaffolds must be designed, erected, altered and dismantled only by competent people under the supervision of a competent supervisor.
A failure to do so could lead workers to sustain scaffold injuries. The severity of injuries can range from minor to fatal. Examples of how they may occur include:
- The planking or support could give way due to incorrect calculations carried out on the strength and stability of scaffolding.
- You could fall from a height and sustain a head injury after your employer failed to assess the risk of working from a height and address any hazards.
These incidents may only lead to a personal injury claim if they are caused by your employer’s negligence. Negligence involves an employer breaching the duty of care they owed you and causing you to sustain physical or emotional harm.
For more information on claiming for a scaffolding accident, please get in touch with one of our advisors. Alternatively, continue reading to learn more about the duty of care your employer owes you.
Why Is Duty Of Care Important When Making A Workplace Accident Claim?
As outlined by the Health and Safety at Work etc. Act 1974, your employer must take reasonable steps to ensure the safety of the workplace, environment, equipment and facilities. This is known as a duty of care. As part of their duty of care, they have several responsibilities, such as:
- Carrying out regular risk assessments
- Addressing any hazards they become aware of
- Providing necessary personal protective equipment, such as hard hats
- Providing adequate training
Additionally, The Work at Height Regulations 2005 places a responsibility on the employer to ensure any work carried out at a height is risk assessed. They must also put measures in place to prevent death or injury that could be caused by falling from a height.
If you sustain an injury due to employer negligence, you may be able to claim. For more information on seeking compensation following a scaffolding accident, get in touch on the number above.
Potential Compensation Payouts For A Scaffolding Accident Claim
If you win your claim for an injury at work and are awarded compensation for a workplace accident, your settlement may be made up of two heads of claim.
Firstly, you will receive general damages. This area compensates you for any pain and suffering both physical and psychological that is caused by the injury.
We have put together a table with guideline compensation amounts from the Judicial College Guidelines (JCG). This is a document that legal professionals use to help them when valuing the general damages portion of your settlement.
Whilst the figures are based on previous court settlements, they should only be used as guidance. This is because each case is calculated based on different factors so your settlement could differ from the table figures.
| Injury | Guideline Compensation Bracket | Details |
|---|---|---|
| Brain | £282,010 to £403,990 | (a) Very Severe: Little to no meaningful response to the environment. There will also be the need for full time care. |
| Brain | £90,720 to £150,110 | (c) Moderate (ii) Moderate to modest intellectual effect resulting in the capacity to work being considerably lowered. It may also be removed completely. |
| Neck | In the region of £148,330 | (a) Severe (i) Little to no movement in the neck despite wearing a neck support 24 hours a day. |
| Chest | £100,670 to £150,110 | (a) This bracket includes cases such as one lung being removed and heart damage that is serious. The person will experience ongoing pain and significant scarring. |
| Leg | £96,250 to £135,920 | (b) Severe (i) Injuries that have fallen short of amputation but are still severe. |
| Leg | £54,830 to £87,890 | (b) Severe (ii) Very serious injuries causing permanent mobility issues. |
| Back | £74,160 to £88,430 | (a) Severe (ii) Nerve root damage that causes symptoms such as hindered mobility as well as bladder and bowel problems, for instance. |
| Pelvis and Hips | £61,910 to £78,400 | (a) Severe (ii) An injury such as a fracture dislocation of the pelvis that results in impotence. |
| Shoulder | £7,890 to £12,770 | (c) Moderate: Soft tissue injuries causing more than minimal symptoms after two years. |
| Wrist | £47,620 to £59,860 | (a) Injuries that cause a complete loss of function in the wrist. |
Scaffolding Accident Claim – Other Potential Damages
Special damages may also be included in your potential personal injury claim payout. This head of claim aims to reimburse you for any financial losses sustained due to your injuries.
For example, you might be unable to work for a long time whilst recovering from your injuries caused by the scaffolding accident. The loss of pay you experience as a result could be covered by special damages. Other losses you could recover might include:
- Home adaptations
- Care costs
- Medical expenses
For a more detailed estimate of how much compensation you may be awarded for a workplace accident claim, get in touch.
What Evidence Do I Need For A Work Injury Claim?
It is essential to gather as much evidence as possible to support your workplace accident claim by proving employer negligence. You can do this in various ways, but the first port of call should always be to seek medical attention.
Not only will this allow you to get the care that you may require, but it also generates medical records that can also be used to support your claim. Medical records can provide details on the treatment and diagnosis you received.
Examples of other evidence you could gather includes:
- The contact details of any witnesses.
- Video footage of the accident, including CCTV footage.
- Photographic evidence such as pictures of your injuries or the hazard that caused the accident.
- A copy of the accident at work report book.
If you would like more information on the evidence you can gather to support your potential scaffolding accident claim, please get in touch. An advisor can help you understand what you should do if you have had an accident at work.
Is There A Time Limit When Making A Claim For An Injury At Work?
You might be wondering whether there is a time limit to start a workplace accident claim. As outlined by the Limitation Act 1980, you generally have 3 years to begin your claim. This can be from when the accident happened or when you connected your injuries with negligence.
Although there are some scenarios in which there are exceptions to the time limit. For instance, the person may be under the age of 18 when the incident happened. Moreover, the person who was injured might lack the mental capacity to claim on their own behalf.
To find out more about the exceptions, do not hesitate to get in touch with a member of our team.
Why Use No Win No Fee Solicitors?
You may find it beneficial to seek scaffolding accident compensation with the help of a No Win No Fee solicitor offering their services under a Conditional Fee Agreement (CFA).
Under a CFA, you don’t have to pay your solicitor for the services they provide if your case fails.
However, if your case is won, you will have to pay your accident at work No Win No Fee solicitor a success fee. This will be legally capped and deducted from your compensation.
Contact Us For Free To See If You Can Claim For a Scaffold Accident
One of the accident at work solicitors from our panel could represent your claim if your case is valid and has a chance of success. To learn more, you can get in touch with our team of advisors. They can also provide further guidance on whether you’re eligible to make a scaffolding accident claim.
For more information:
- Call the number at the top of this page
- Use the live chat feature at the bottom of the page
- Complete our ‘contact us’ form
Learn More About How To Make A Scaffolding Accident Claim
We have included further reading that you might find useful when making a scaffolding accident claim at work:
- HSE – Employer’s Responsibilities
- GOV – Statutory Sick Pay
- NHS – First Aid
Thank you for reading our guide on what you can do if you have been involved in a scaffolding accident. For more information, get in touch on the number above.
Writer Beck Pickering
Editor Meg Martin
