This guide examines scaffolding accident claims and how to seek compensation for workplace injuries. As reported by the Health and Safety Executive, which is responsible for governing workplace safety, between 2023 and 2024, there were 4,050 non-fatal workplace injuries in the construction industry alone.
Despite this figure, not all of these individuals will have suffered a scaffolding accident. However, if you have experienced an injury as a result of working on scaffolding, our guide aims to discuss how someone could be eligible to start a compensation claim with us.
We understand that if you have been injured whilst at work, it might seem complex and daunting to start your claim, but our panel of expert solicitors have decades of experience and can help guide you through the process.
Our guide will also discuss suggestive amounts of compensation that you could receive if successful in scaffolding accident claims. We will also talk about what evidence you will need, common examples of scaffolding accidents and how a solicitor from our panel could help you.
Contact Us
To learn more about scaffolding accident claims, contact our team by:
- Calling us on 0800 408 7826
- Filling out our contact us form
- Using our live chat
Frequently Asked Questions
- How Much Compensation Can Be Claimed For Scaffolding Accident Claims?
- How Is Scaffolding Accident Compensation Calculated?
- Who Is Eligible To Make Scaffolding Accident Claims?
- Claiming On Behalf Of Friends Or Family
- What Are Some Examples Of Accidents Involving Scaffolding?
- What Evidence Do I Need To Start My Claim?
- Do I Have To Make A Scaffolding Injury Claim Within A Time Limit?
- How Can Your Panel Of Solicitors Help Me?
- More Information
How Much Compensation Can Be Claimed For Scaffolding Accident Claims?
The amount of compensation you could claim for a successful scaffolding accident can vary based on a number of factors. The factors taken into consideration could be things like:
- How severe your injuries are
- Your expected recovery period
- The type of injuries you sustained
When your compensation is being calculated, those doing so may refer to frameworks such as the Judicial College Guidelines (JCG). This document contains categories of injuries and compensation brackets.
The table below shows suggestive figures taken from the JCG. Please note that the first entry has not been taken from the JCG and this table is only intended as a guide.
| Injury | Notes | Compensation Guideline |
|---|---|---|
| Multiple Severe Injuries + Special Damages | Multiple serious injuries sustained from the accident, as well as special damages such as loss of earnings | Up to £1,000,000+ |
| Tetraplegia | The level of compensation will be impacted by factors like a reduced life expectancy, their degree of independence, and the presence of respiratory issues. | £396,140 to £493,000 |
| Paraplegia | The amount of compensation will consider factors such as: age and life expectancy, the extent of ongoing pain and impact on sexual function. | £267,340 to £346,890 |
| Very Severe Brain Damage | The following factors will impact the amount of compensation: the level of physical limitation and mobility issues, sensory impairment and the ability to communicate with or without assistive technology. | £344,150 to £493,000 |
| Moderately Severe Brain Damage | The level of compensation will be impacted by: life expectancy, the extent of any behavioural problems, and the extent of physical limitation with potential for further deterioration. | £267,340 to £344,150 |
| Loss of Both Legs | The level of compensation will be affected by the success of any prosthetics, loss of amenity such as the ability to engage in hobbies and side effects such as backache. | £293,850 to £344,150 |
| Severe (ii) Very Serious Leg Injury | Cases in this bracket will have permanent mobility issues, injuries where multiple serious fractures have taken years to recover and led to severe deformity. | £66,920 to £109,290 |
| Severe (i) Back Injury | Cases will show damage to nerve roots and spinal cord, with severe disability and impact on bladder, bowel and sexual function. | £111,150 to £196,450 |
| Severe (ii) Back Injury | Cases in this bracket will show loss of sensation caused by nerve damage, unsightly scarring to the injured area and impaired function of bowel bladder and sexual organs. | £90,510 to £107,910 |
How Is Scaffolding Accident Compensation Calculated?
Your compensation is calculated by considering a number of different factors, including the physical and financial harm you have suffered. These are called general and special damages.
General damages are compensation for pain, suffering and loss of amenity. This means if you have been left unable to engage in hobbies, this will be considered in your general damages.
Your special damages, however, are compensation for financial losses caused by your injuries. This can be things like:
- Loss of earnings
- Medical costs
- Accommodation costs, such as mortgage or rent
- Travel costs
- Home or vehicle adaptations
For you to be eligible to claim special damages, we must be able to prove how your injuries caused these financial losses. This could be through providing evidence like:
- Wageslips to show loss of earnings
- Medical invoices
- Travel receipts
One of the benefits of working with a solicitor from our panel is that they can assist you in gathering this evidence. Contact us today to learn more.
Who Is Eligible To Make Scaffolding Accident Claims?
The first step for us to establish who is eligible to make scaffolding accident claims is to prove that someone owed you a duty of care. You might be wondering what this is, and who owes you a duty of care.
As a construction site worker, you are owed a duty of care by your employer, or by whoever is in control of the accident site, such as a contractor or a site manager.
What this means is that they owe you a duty to take all reasonably practicable steps to ensure your safety while on site. This duty of care is found under the Health and Safety at Work etc. Act 1974.
However, if the site you are working at is in a public place, the duty of care you are owed is from the occupier or person in control of those premises at the time, in line with the Occupiers’ Liability Act 1957.
The next step we take is proving the following two factors:
- The person who owed you this duty breached it, through failing to uphold the health and safety standards expected of them
- The breach led to your injuries or harm
If these factors are present in your case, this would form the basis for any compensation claim.
Don’t worry if you don’t know if this applies to you. Our team is happy to discuss this with you and answer any questions you may have.
Claiming On Behalf Of Friends Or Family
You might be wondering if you can make a claim on behalf of someone else. The short answer is yes, you can claim on behalf of friends or family.
However, there are only two circumstances in which you are able to do this. These are if:
- The claimant is under 18. A minor cannot make a claim on their own behalf.
- The claimant lacks the mental capacity to make their own claim.
To claim for someone else, you could act as their litigation friend. You can apply for this role, or you can be appointed by the courts.
As a litigation friend, you would have the responsibility of:
- Acting in the claimant’s best interests
- Making sure that the claimant understands the claims process
- Communicating with the claimant’s solicitor
To find out more about making scaffolding accident claims for someone else, contact us today.
What Are Some Examples Of Accidents Involving Scaffolding?
Below, we discuss some common examples of how scaffolding accidents can occur:
Collapse Of Scaffolding
The National Access and Scaffolding Confederation (NASC) defines a scaffolding collapse as the complete or partial collapse of a substantial part of any scaffold higher than 5 metres. An example of this is:
- If your employer is aware of the damage to or defective nature of the scaffolding and still tells you to work on it, this would be a breach of their duty. If you then suffer a severe head injury from falling from the collapse, you could have grounds for scaffolding accident claims.
Falls From Height
The Health and Safety Executive found that in many cases where someone falls from height, safe access has not been adequately provided; this is your employer’s responsibility.
They are also liable for ensuring that safety measures have been installed, such as safety rails, to minimise the risk of falls from height.
If you fall over a safety rail that has not been properly attached, causing you a leg fracture, you could have the basis to make a claim with a solicitor from our panel.
Slipping Or Tripping
You might be working on scaffolding where exposed wires are strewn across the walkway. This is a known risk and can increase the likelihood of you slipping or tripping.
If you then do slip and ultimately experience an ankle injury, this would amount to your employer breaching their duty. They owe you a duty to ensure all risks are minimised to prevent slips or trips while on site.
The NASC offers advice for employers about how to manage the risk of falls and slips in the construction industry. It states that pre-use checks, detailed inspections and interim inspections should take place while employees are working on scaffolding.
Lack Of PPE Or Proper Safety Training
The Work at Height Regulations 2005 explicitly state that anyone working on scaffolding must be competent and trained.
As well as ensuring you have received proper training, the Personal Protective Equipment (PPE) at Work Regulations 1992 states that it is your employer’s responsibility to ensure that you are given appropriate PPE whilst at work.
In scaffolding accidents, this could be things like:
- Hardhats
- Hi-visibility vests
- Safety harnesses
So, if your employer failed to supply you with PPE such as a hard hat, or you were told to work on scaffolding for which you haven’t received training, and you suffered a fall which caused a back injury, it could be shown that negligence has occurred.
Do I Have To Make A Scaffolding Injury Claim Within A Time Limit?
In most cases, you must start scaffolding accident claims within 3 years of the date of the accident. This is established by the Limitation Act 1980, which sets out time limits for different types of claims.
Don’t worry if you’re unsure whether you’d still be within the time limit; there are some exceptions to this rule, and you may still be able to claim.
To find out more, call our friendly team, who will be happy to discuss this with you.
What Evidence Do I Need To Start My Claim?
In order for you to have a successful claim, you need to prove how the actions of someone else led to your injuries.
Evidence is one of the most important steps in the claims process. This is because it strengthens your case. Some examples of evidence could include:
- A workplace accident report book
- CCTV of the accident, if the accident was caught on camera
- Medical or GP records, as this may contain information about the extent of your injuries
- Pictures of your injuries
- The contact details of potential witnesses. This means a professional can obtain a witness statement at a later date
A solicitor from our panel, as part of their services, could help you to compile this supporting evidence.
Our advisors are happy to answer any questions you might have. Call us today for more information on what evidence would be useful.
How Can Your Panel Of Solicitors Help Me?
If you choose to work with a solicitor from our panel, they could help you in a number of ways. Our team is committed to acting in your best interests to achieve a suitable settlement for you.
We completely understand that starting a claim can be daunting, as you may be unfamiliar with the claims process, but rest assured, our friendly team are here for you.
Here at How Much Compensation, our panel works on a No Win No Fee basis, via a Conditional Fee Agreement (CFA). The benefit of using this type of claim means you wouldn’t be required to pay for their legal services:
- At the beginning of your claim
- During the claim process
- If your claim is unsuccessful
Instead, a success fee would be taken from your compensation. This percentage is capped legally under the Conditional Fee Agreements Order 2013 to ensure you receive the majority of your compensation.
Our panel can help you through:
- Making sure you understand legal jargon and the claims process
- Helping you to gather supporting evidence
- Starting your claim within the time limit
- Advocating for you to achieve a suitable settlement
If you have any questions about the role of a solicitor in a claim or how our team could assist you in scaffolding accident claims, you can contact us using the details below.
Contact Us
- Call us on 0800 408 7826
- Fill out our contact us form
- Use our live chat
More Information
Read our other guides on:
- How to claim for a manual handling injury
- How much compensation for a crane injury
- What to do if there has been a health and safety breach
Useful External Resources
- When to report a workplace accident from the Health and Safety Executive
- When to call 999 from the NHS
- Advice for claiming Statutory Sick Pay from the government.
Thank you for reading our guide on scaffolding accident claims.