Scaffolding Accident Compensation Claims.

When scaffolding is constructed properly and is maintained in good working order it provides a safe means of accessing high places. However, accidents involving scaffolding can happen for a number of reasons, including:

• Improper erection of the scaffolding
• Poorly maintained scaffolding
• Unstable platforms
• Insufficient guardrails
• Scaffolding that is overloaded with weight
• Scaffolding that is not secured properly
• Workers who are not properly trained in how to use scaffolding
• Negligent or reckless actions by workers using or erecting the scaffolding
• Unsafe working conditions e.g. heavy rain making platforms slippery, or high winds blowing loose materials around

If you have been injured in a scaffolding accident that occurred due to somebody else’s negligence, you may be able to claim compensation. Our specialist personal injury team are on hand to discuss your case and answer any questions you may have, so please don’t hesitate to get in touch with us.

Depending on the cause of the accident, there are a number of different types of injury that could occur as a result of a scaffolding accident. Some of the most common examples include:

• Concussion
• Head injuries
• Brain damage
• Back injuries
• Spinal injuries
• Neck injuries
• Broken bones
• Amputations
• Crush injuries
• Cuts and bruises
• Lacerations
• Sprains and strains
• Electrocution
• Burns
• Fatality

This list is not exhaustive, and if you have sustained any kind of injury as a result of a scaffolding accident, please get in touch with our personal injury team to find out if you have a valid claim.

In order to make a scaffolding accident compensation claim you will need to be able to prove that the negligence of another party was responsible for your injury. There are a number of legislative bodies in place to regulate the health and safety standards of scaffolding, including:

• The Health and Safety Executive (HSE)
• The National Access and Scaffolding Confederation (NASC)
• The Construction Industry Scaffolders Record Scheme (CISRS)
• The Prefabricated Access Suppliers’ and Manufacturers’ Association (PASMA)
• The Work at Height Regulations 2005
• The Provision and Use of Work Equipment Regulations 1998 (PUWER)
• The Personal Protective Equipment at Work Regulations 1992

The main thing that these governing bodies and legislative guidelines have in common is that they seek to protect people from scaffolding accidents by highlighting the obligations of employers, including:

• Following the BS1139 standard for scaffold materials
• Ensuring all work equipment is properly maintained and suitable for use
• Providing adequate personal protective equipment (PPE) to all workers
• Carrying out regular risk assessments and putting measures in place to minimise risks
• Providing workers with proper training prior to them using the scaffolding
• Ensuring that the maximum working loads and number of people allowed on the scaffolding at any one time is strictly adhered to
• Checking the scaffolding every seven days whilst erected, and checking after any alterations have been made
• Ensuring workers are properly supervised whilst using the scaffolding
• Ensuring there is always a first-aider on site, and that adequate first aid supplies are available
• Having an accident report book in place and ensuring it is filled in properly when an accident occurs

Everyone has the right to work in an environment where any risks to their health and safety are properly assessed and controlled in order to minimise the risk of harm. If you ever feel that your safety is compromised, you are entitled to stop working and evacuate the area. If an accident does occur, we are here to help you as you recover physically, mentally, and financially.

If you’ve been involved in a scaffolding accident that was not your fault, your first thought may be about claiming compensation. However, in order for a personal injury claim to be successful somebody needs to be held liable, and that can often be difficult to prove.

In the case of a scaffolding accident, it can be a bit harder to pinpoint who exactly is liable for an accident. This is because often the scaffolding is erected by a third party who is unrelated to the construction company that is actually using the scaffolding. So does the responsibility lie with those who erected the scaffolding, or those who are using it?

Some points to consider when trying to determine who is responsible for the accident include:

Could the construction company that runs the building site be held accountable? If they have failed to uphold the necessary health and safety standards under the Construction Design and Management Regulations 2015, then their actions could be considered negligent and they could be held liable.

Could an individual at the construction company be held responsible? If an individual employee acted irresponsibly or negligently, i.e. failing to follow the protocols of the construction site, it could cause a scaffolding accident.

Did the scaffolding supplier fail to supply adequate materials? If the scaffolding materials and equipment are not fit for purpose, the supplier or manufacturer can be held accountable for the ensuing accident.

Determining where the responsibility lies forms the foundation of any personal injury compensation claim. As your solicitors, we can help to uncover exactly what happened, find out who was responsible for causing the accident, and we can ensure that you receive the compensation you deserve.

All employers have a legal obligation to ensure that their employees are able to carry out their work as safely as possible under the Health and Safety at Work Act 1974. In terms of scaffolding, this involves ensuring the structure is properly constructed, regularly inspected, and has not been compromised by bad weather conditions such as high winds or heavy rain.

Whether you are employed full or part time, on a temporary or permanent contract, or as an independent contractor, your employer owes you a duty of care and assumes the responsibility of your safety in the workplace. This can be done in a number of ways:

• Ensuring equipment, i.e. scaffolding, is fit for purpose
• Providing adequate training on how to use the equipment
• Ensuring potential hazards are correctly and clearly signposted
• Providing appropriate personal protective equipment
• Ensuring all employees understand their duties and who to report to
• Reporting and documenting all accidents properly and accurately

Any breach in your employer’s duty of care could potentially lead to a scaffolding accident, and would provide you with a strong basis on which to claim compensation. For further information on your eligibility to make a claim, please contact our specialist personal injury team today and we’ll be happy to help.