How To Claim For Scaffolding Injuries

Scaffolding injuries can vary in severity. In some cases, they could potentially lead to a fatality given the heights at which some people have to work. This guide will explore whether you could seek compensation for the injuries you sustained.

Scaffolding injuries

A guide to claiming compensation for scaffolding injuries

Generally, if someone breached the duty of care they owed you causing you to sustain harm, you may be eligible to make a personal injury claim.

There are various ways a scaffolding accident could happen. For instance, someone could fall from a height due to faulty equipment. Alternatively, equipment could fall onto a pedestrian passing by a construction site due to a failure to carry out the correct safety procedures.

If you have experienced something similar, this guide could help. We will explain who might be responsible and what steps you can take after an accident.

However, if you need any additional information, please get in touch on the following:

  • Phone number: 0800 408 7825
  • Online form: Fill out the contact form with your query.
  • Live chat: Use the live chat feature to speak with an advisor

Select A Section

  1. What Is A Scaffolding Accident?
  2. What Are Scaffolding Injuries?
  3. Health And Safety For Scaffolding
  4. What Should You Do If Injured In A Scaffolding Accident?
  5. Scaffolding Injuries Compensation Calculator
  6. Can You Make No Win No Fee Claims For Scaffolding Injuries?

What Is A Scaffolding Accident?

There are various types of scaffolding accidents that could happen when putting up, using, or dismantling scaffolding. In some cases, accidents may have occurred through no fault of anyone else’s.

However, in order to put forward a valid claim for your scaffolding injuries, your claim must meet the following criteria:

  • Someone owed you a duty of care
  • They failed to uphold the duty of care they owed
  • You sustained harm as a result

There are various scenarios in which you may have been owed a duty of care, such as at work or in a public place.

If you’re unsure whether you’re eligible to claim, please get in touch with our team on the number above.

Types of Scaffolding Accidents

Scaffolding accidents could affect both workers and members of the public. They could result from any of the following:

  • Incorrectly constructed tower scaffolding
  • Falls from scaffolding caused by weak planks or supports
  • Unsecured falling loads from scaffolding
  • Poor maintenance of the scaffolding
  • Missing or inadequate guardrails
  • Lack of safety measures implemented in poor weather

If an accident that caused your scaffolding injuries resulted from your employer failing to take reasonable steps to protect your health and safety, call our team. They can assess whether you’re eligible to claim.

Scaffolding Safety Statistics

The graph below shows a breakdown of fatality causes in the construction industry during the period 2016/17 – 2020-21. There were a total of 39 fatal injuries to workers during 2020/2021. Of those, the majority were caused by falls from height.

Construction statistics

The provisional statistics are based on reports from employers under the Reporting of Injuries, Diseases and Dangerous Occurrences 2013.

What Are Scaffolding Injuries?

Scaffolding injuries that affect either employees or the public may vary depending on the accident that caused them. However, they could include the following:

Health And Safety For Scaffolding

There are various pieces of health and safety legislation that the construction industry needs to comply with to protect its employees and members of the public.

All employers have a duty to their employees to provide the safest work environment that is reasonably practical for them to do so. The general duty they owe is outlined in the Health and Safety At Work etc. Act 1974.

Furthermore, as a member of the public, you are owed a duty of care by the person in control of a public space under the Occupiers Liability Act 1957. 

The reasonable steps that must be taken will vary depending on the industry. Generally, though, they should carry out regular risk assessments to highlight any hazards. If any hazards are found, they should take reasonable steps to either remove or reduce the risk it poses.

Additionally, builders or scaffolding companies must obtain a licence when they are putting up scaffolding on the highway, including the pavement.

If the duty you’re owed is breached and you sustain harm as a result, you may be able to seek compensation. For more information on claiming compensation for scaffolding injuries, call our team on the number above.

What Should You Do If Injured In A Scaffolding Accident?

When making a claim for scaffolding injuries, there are several steps you could take to build a strong case, such as:

  • Seek medical attention: This can ensure you receive the correct treatment for your injuries. It can also create a medical record of the treatment and diagnosis you received which can be used as evidence to support your claim.
  • Collect evidence: You should gather evidence of your injuries and the accident that caused them. For instance, CCTV footage, witness contact details, pictures of your injuries or a copy of the report in the workplace accident book.
  • Speak to a solicitor: A solicitor could help you gather the evidence you need to support your claim. They could also arrange for you to attend an independent medical appointment. The appointment can provide a report with details on the full extent of your injuries.

It’s important to note that having a solicitor is not a legal requirement. However, their experience handling claims similar to your own could be beneficial.

Scaffolding Injuries Compensation Calculator

When claiming compensation for scaffolding injuries, your settlement may comprise general and special damages.

General damages provide compensation for your physical and psychological injuries. The value of your injuries is calculated using medical evidence and reports to determine the severity and extent to which they impacted your quality of life.

Alongside medical documents, the Judicial College Guidelines (JCG) may also be used to help when valuing your claim. This is a publication that includes bracket compensation amounts for several injuries.

The table below has been created using the JCG. However, you should only use the figures as a guide. The actual settlement you receive will vary depending on different factors unique to your case.

Injury Level of Severity Award Bracket Injury Notes
Damage to the brain Very severe (a) £264,650 to £379,100 Various factors will affect the award given for very severe damage to the brain. For instance, life expectancy, extent of any physical limitations and impairment of senses.
Damage to the brain Moderate (c) (i) £140,870 to £205,580 Damage may cause changes in personality and have an impact on sight, speech and other senses.
Damage to the brain Less severe (d) £14,380 to £40,410 A good recovery will have been made and the person will be able to go back to work as well as resume a normal social life. There may still be issues that persist, such as concentration.
Back Severe (a) (i) £85,470 to £151,070 Spinal cord and nerve root damage that leads to very serious issues not normally associated with a back injury.
Back Moderate (b) (i) £26,050 to £36,390 Injuries might include crushed or compressed lumbar vertebrae that causes consistent pain and discomfort.
Back Minor (c) (iii) Up to £2,300 The person will make a full recovery within 3 months.
Pelvis and Hips Severe (a) (i) £73,580 to £122,860 A pelvis fracture that is extensive and involves a low back joint dislocation and ruptured bladder.
Leg Severe (b) (iii) £36,790 to £51,460 Injuries might include a compound fracture or comminuted fracture.
Arm Severe (a) £90,250 to £122,860 Arm injuries that may fall short of an amputation but are still extremely serious.
Ankle Very severe (a) £46,980 to £65,420 Injuries might include a transmalleolar fracture that involves extensive damage to the soft tissues.

Special damages could form another head of compensation. These compensate for any future or past monetary losses incurred as a result of your injuries, such as:

  • Loss of earnings
  • Medical or rehabilitation costs
  • Changes to your home or car
  • Care costs

In order to prove these losses, evidence will be required. This could include receipts or payslips.

For more information, please get in touch with our team on the number above.

Can You Make No Win No Fee Claims For Scaffolding Injuries?

Anyone is free to represent themselves as they start a personal injury claim for scaffolding injuries and there will be no initial cost to do so. However, other costs could incur while your claim proceeds, such as court fees if your claim reaches that stage.

As an alternative option, you could hire a solicitor who operates on a No Win No Fee basis to represent your claim. There are several benefits to funding legal representation this way, such as:

  • No upfront costs
  • No ongoing costs while your claim proceeds

For successful claims, you will need to pay a success fee that’s taken as a percentage of your compensation. The percentage is capped by law and you will be made aware of the fee beforehand.

If the case fails, you won’t pay the success fee to your solicitor.

For more information on whether our panel of personal injury solicitors could take your case on this basis, get in touch on the following:

  • Phone number: 0800 408 7825
  • Online form: Fill out the contact form with your query.
  • Live chat: Use the live chat feature to speak with an advisor

Building and Construction Industry Accident Resources

We have included some other guides that you might find useful below:

We have also included some external resources you might find helpful.

  • Visit the HSE website for more workplace accident statistics.
  • For any medical advice, visit the NHS website.
  • For more information on health and safety in the construction industry, visit the HSE website.

We hope this guide on claiming compensation for scaffolding injuries has helped. However, if you need any additional information, call our team on the number above.