Scaffolding Accident Claims
Working on scaffolding is a high-risk job. Lifting or carrying heavy material while being suspended high in the air certainly poses inherent risk. Because of this risk, many believe that accidents are just part and parcel of job experience. However, this shouldn’t be the case.
No matter how dangerous conditions get, your employer has a legal duty of care to you and your colleagues. If you experienced an accident while working on scaffolding, and it wasn’t your fault, you may be entitled to make a claim.
Can I Claim For A Scaffolding Accident at Work?
Unsurprisingly, the most common instances of scaffolding accidents take place at work. Your employer has a duty of care towards your safety, which is established by laws set out in the Health and Safety at Work etc. Act 1974.
This means your employer has a responsibility to:
- Provide the necessary personal protective equipment (PPE), such as safety boots and hard hats.
- Give you proper training on how to work safely at height.
- Carry out regular inspections of the scaffolding to identify and remove potential hazards.
- Display warning signs on the scaffolding wherever required.
If your employer has failed in any of these duties, it could constitute grounds for a claim.
Types of Scaffolding Accidents
Because of the high-risk nature of working on scaffolding, a variety of different accidents can occur. Some of the most common types can include:
Falls, Especially From Height
Much of the work on scaffolding is done at height. Because of this, there is a very real possibility that you could fall, and fall from a substantial height if you do. This can lead to a plethora of injuries, ranging from broken bones to sprains, to some of the most severe types of injuries such as brain injury, spinal fractures and paralysis.
Slips and Trips
In most construction-based settings, there is a chance of slipping and tripping. Whether that’s because of equipment that’s left out, spillages that weren’t cleaned up appropriately, or surfaces that are not built for purpose, slips and trips can occur because of all manner of reasons.
Slippery Surfaces
While we’re on the topic of slips, slippery surfaces can be quite common in the scaffolding industry. As scaffolding is usually erected outdoors, it means that the structure is exposed to the elements. This naturally means some of the surfaces can become wet and slippery, which can lead to accidents.
Accidents Due To Lack of Training
Before any work is carried out, robust training should be provided. However, in circumstances when it isn’t, an accident can happen as a direct result. Some scaffolding accidents are caused by insufficient prior training.
A Collapsed Scaffold
A collapsed scaffold is a scary thought, but it can be a very real occurrence, whether that be due to defective equipment, poor design, or failure to erect the structure safely. A collapsed scaffolding structure can result in numerous injuries (sometimes of a serious nature).
Compensation Payout For Scaffolding Accidents
Compensation for scaffolding accident claims varies depending on the type and severity of the injury. The Judicial College Guidelines (JCG) provide ranges, but every case is unique, so these figures are for guidance only.
The figures below do not take into account certain financial losses, such as loss of earnings and medical expenses.
- Severe cases resulting in multiple life-changing injuries and special damages (e.g. ongoing care or physiotherapy) can reach £1 million or more.
- Paralysis ranges from around £267,000 to nearly £500,000, depending on whether paraplegia or tetraplegia is involved.
- Brain damage can result in awards between £267,000 and £493,000, depending on severity.
- Amputations of one or both legs may range from £127,000 to over £340,000.
- Serious back injuries typically fall between £90,000 and £196,000.
These figures highlight how compensation levels reflect not only the injury itself, but also its long-term impact on your quality of life.
What To Do If You Experience A Scaffolding Accident
If you do, unfortunately, experience (or are caught up in) a scaffolding accident, there are some vital steps you need to take.
Ensure Everyone is Safe
Firstly, a word for bystanders who witness such an accident: the priority is ensuring everyone is safe, or at least that required actions are underway. If someone has been injured, ensure they are either put into the recovery position or at least in a safe position.
Seek Treatment
The injured party urgently needs the appropriate treatment. Whether that be seeking first aid or calling an ambulance, ensuring injuries are addressed quickly and efficiently is paramount.
Report Incident to Management or Authority
Once the injured person is in the appropriate care, the incident should be reported to either the management team or the relevant authorities.
Write Down As Much As Possible
As soon as no one’s health is at risk, note down the events that have occurred. Noting down the events as soon as the incident happens can help ensure all details are correct and will help if further reports are needed.
Participate In An Investigation If Needed
If an investigation is required, be sure to have all of the appropriate evidence available. Also, make sure to be cooperative, making the investigation process fast and efficient.
What Evidence Do You Need?
Medical Records & Treatment History
After a scaffolding accident, it’s important to keep copies of all medical records and details of any treatment. These documents should provide clear evidence concerning the severity of injuries and recovery needs.
CCTV Footage
If the scaffolding accident was caught on camera, CCTV footage can be vital in showing exactly how the incident happened and whether negligence was involved.
Witness Contact Details
Colleagues or passers-by who saw the scaffolding accident can support your claim. Gathering their names and contact details allows solicitors to obtain witness statements.
Accident Report Form
Always request a copy of your employer’s or site manager’s scaffolding accident report form. This acts as an official record of the incident.
Photographs
Take photos of injuries, the scaffolding setup, and the accident scene. Visual evidence can help to demonstrate both the cause of the accident and its impact.
Is There A Time Limit?
There is a 3-year time limit for all personal injury claims. For injuries caused by a scaffold-related accident, the 3-year time limit will start from the day the incident occurred.
Contact A Personal Injury Solicitor
If you are involved in a scaffolding accident as a result of someone’s negligence, be sure to contact a specialist personal injury solicitor. At The Claims Partnership, we have years of experience when it comes to helping claimants secure the right amount of compensation. So, if you have had an accident while working on scaffolding, contact us today.