Scaffolding Accident Lawyer
If you have suffered an injury following a scaffolding accident at work and it was caused by someone else’s negligence, you are entitled to claim compensation. Our solicitors will be with you every step of the way throughout your claim for a scaffolding accident, offering practical and useful advice that will help to maximise the compensation you receive.
We understand the impact that a scaffolding accident can have on your life, and will do our utmost to ensure those responsible for your injuries are held to account. JMW’s personal injury solicitors have years of experience in helping people in your position claim compensation, meaning we are well placed to assist you at this time.
Speak to our team about making a scaffolding accident claim by calling 0345 872 6666 or completing our online enquiry form and let us know a suitable time to contact you.
What Our Clients Say
On This Page
- What Is a Scaffolding Accident Claim?
- What Qualifies as a Scaffolding Accident?
- Types of Scaffolding Accidents
- Who Can Make a Scaffolding Accident Claim?
- How JMW Can Help You Claim
- Meet Our Team
- Who Is Responsible?
- Employer Responsibilities for Preventing Scaffolding Accidents
- Your Rights at Work
- What Are the Common Causes of Scaffolding Accidents?
- FAQs About Scaffolding Accident Injury Claims
- Talk to Us
What Is a Scaffolding Accident Claim?
A scaffolding accident claim is a type of personal injury claim that can be made by individuals who have been injured in a scaffolding accident due to the negligence of another party. This can include accidents that occur while working on scaffolding, as well as accidents that occur when scaffolding collapses or falls, causing injury to bystanders. Scaffolding accident claims can be complex and require the expertise of a personal injury solicitor to navigate the claims process and secure the maximum amount of compensation.
What Qualifies as a Scaffolding Accident?
A scaffolding accident refers to any incident involving scaffolding that leads to injury or harm. Scaffolding is a temporary structure used in construction, maintenance and repair to provide workers with access to elevated areas. Accidents involving scaffolding can occur due to structural failures, improper assembly or misuse. Scaffolding accident injuries can affect the amount of compensation awarded, with factors such as the severity of the injury and employer negligence being considered in calculating payouts. Common scenarios include:
- Falls from scaffolding: a worker falling from an improperly secured or stable structure.
- Collapse of scaffolding: the entire structure giving way due to overloading, poor assembly, or substandard materials.
- Falling objects: tools, equipment or materials falling from scaffolding and injuring those below.
- Trips and slips: loose boards, wet surfaces, or poorly maintained walkways causing accidents.
- Contact with electrical hazards: scaffolding coming into contact with power lines or live electrical equipment.
- Scaffolding injuries: common types of injuries such as fractures and head trauma caused by falls or structural collapses, highlighting the legal rights for compensation in the event of such injuries.
Types of Scaffolding Accidents
Scaffolding accidents can occur in a variety of ways, including:
- Falls from scaffolding: This is one of the most common types of scaffolding accidents and can result in serious injuries, including head injuries, broken bones and spinal cord injuries.
- Scaffolding collapse: When scaffolding collapses, it can cause serious injuries to those working on the scaffolding, as well as bystanders who may be struck by falling debris.
- Scaffolding accidents caused by poor maintenance: Scaffolding that is not properly maintained can be a hazard to those working on it, as well as to the public.
- Scaffolding accidents caused by inadequate training: Employers have a responsibility to ensure that their employees are properly trained in the use of scaffolding, and failure to do so can result in accidents.
Who Can Make a Scaffolding Accident Claim?
Anyone who has been injured in a scaffolding accident due to the negligence of another party may be eligible to make a scaffolding accident claim. This can include:
- Employees who are injured while working on scaffolding
- Contractors and sub-contractors who are injured while working on scaffolding
- Members of the public who are injured by falling debris or scaffolding collapse
- Family members of those who have been killed in a scaffolding accident
How JMW Can Help You Claim
JMW Solicitors is experienced in handling scaffolding accident compensation claims. We guide clients through the scaffolding accident claims process, emphasising the importance of taking timely action to strengthen their claims. As well as being experts in personal injury, we are recognised for providing exceptional service and handling all claims cases with care and dedication.
Our legal experts have handled scaffold accident claims involving the following:
- Weak or damaged planking
- Objects falling off scaffolding
- Insecure, or not enough, bracing
- Adverse weather conditions
- Loose guardrails
We will ensure that the compensation you receive accounts for not only the pain and suffering you have experienced as a result of your accident, but also that your out-of-pocket expenses, such as travel costs, and any time you have taken off work, are covered in your claim.
Meet Our Team
JMW’s team offers expert advice and support for individuals injured in scaffolding accidents on construction sites, helping you navigate the legal process and secure the compensation you deserve.
Who Is Responsible?
There are many different parties involved in the erection of scaffolding, which can make it difficult to determine who is responsible for your injuries. The company in charge of erecting the scaffolding has a legal duty to ensure the structure has been put up properly and is safe to use, while it is the site manager’s responsibility to carry out a risk assessment to check for any potential hazards. The nature of your injury and the circumstances surrounding it will affect who is ultimately deemed responsible, so it’s important to speak to a legal expert about your case as soon as possible if you want to claim. An individual could make a scaffolding claim if they have been injured due to negligence by employers, site managers, or other parties involved in the scaffolding process.
Our solicitors can help you identify the responsible party, so you can be sure that you are bringing a compensation claim against the right company or individual. In cases of a scaffold accident, determining responsibility involves understanding the legal duties of care owed by various parties, including employers and site managers, under health and safety legislation.
Employer Responsibilities for Preventing Scaffolding Accidents
Employers have a responsibility to ensure the safety of their employees and the public when using scaffolding. This includes:
- Providing proper training in the use of scaffolding
- Ensuring that scaffolding is properly maintained and inspected regularly
- Providing personal protective equipment, such as hard hats and harnesses
- Ensuring that scaffolding is erected and dismantled safely
Your Rights at Work
As an employee, you have the right to a safe working environment, including the right to work on scaffolding that is properly maintained and erected. If you are injured in a scaffolding accident, you have the right to make a personal injury claim against your employer. You also have the right to seek advice from a personal injury solicitor and to have your claim handled on a no win, no fee basis.
What Are the Common Causes of Scaffolding Accidents?
Scaffolding accidents typically result from a failure to adhere to safety standards or negligence. Documenting and reporting accident injuries is crucial for supporting claims related to physical and mental pain. Common causes include:
- Poor assembly or maintenance:
- Inadequate training of workers assembling scaffolding.
- Use of defective or damaged scaffolding components.
- Missing or improperly secured guardrails and planking.
- Overloading: exceeding the weight capacity of the scaffolding, leading to collapse.
- Environmental factors:
- Adverse weather conditions, such as high winds, causing instability.
- Wet or icy surfaces increasing the likelihood of slips.
- Lack of fall protection: absence of safety harnesses or nets to prevent falls from height.
- Negligence:
- Failing to inspect scaffolding regularly for signs of wear and tear.
- Ignoring health and safety regulations or shortcuts in construction.
- Improper positioning: placing scaffolding on uneven or unstable ground.
- Electrical hazards: positioning scaffolding too close to overhead power lines or electrical equipment.
Scaffold accidents are prevalent and can have severe consequences. Statistical data highlights the frequency of these incidents and the resulting injuries. These accidents can lead to various compensation claims, addressing the emotional and financial impact on victims and their families. Legal teams play a crucial role in navigating the claims process, ensuring victims receive the support they need.
FAQs About Scaffolding Accident Injury Claims
- What compensation can I claim after a scaffolding accident?
If you have been injured in a scaffolding accident due to someone else's negligence, you may be entitled to claim compensation. The compensation aims to cover various types of losses, including:
General damages:
- For pain, suffering, and loss of amenity caused by the injury.
Special damages (Covering financial losses and expenses incurred due to the accident. These may include):
- Medical expenses, including rehabilitation and therapy.
- Loss of earnings, including future earning capacity if you cannot return to work.
- Travel costs for medical appointments or treatment.
- Home modifications or mobility aids if required due to the injury.
Care and assistance:
- Costs for professional care or support provided by family members.
Other costs:
- Replacement of damaged personal property, such as tools or equipment.
- How long do I have to make a scaffolding accident claim?
In the UK, you generally have three years from the date of the scaffolding accident to make a personal injury claim. If you fail to initiate your claim within this timeframe, you may lose the right to pursue compensation. However, there are exceptions:
- Date of knowledge: if you only became aware that your injury was linked to the accident at a later date, the three-year period may begin from the point of this realisation.
- Claims for minors: if the injured person is under 18, the three-year limit does not begin until their 18th birthday. A parent or guardian can act as a litigation friend to claim on their behalf before this time.
- Lack of mental capacity: if the injured person cannot manage their own affairs due to mental incapacity, the time limit is paused until they regain capacity. A litigation friend can claim on their behalf during this period.
It’s important to seek legal advice promptly to ensure your claim is made within the required time.
- What if my employer says the accident was my fault?
If your employer claims you were at fault, it does not necessarily mean you cannot pursue a claim. Under UK health and safety law, employers have a duty to provide a safe working environment. They are required to:
- Ensure scaffolding is properly erected and maintained.
- Provide adequate training and safety equipment.
- Conduct risk assessments and adhere to workplace safety regulations.
Even if you believe you may have contributed to the accident, you may still be eligible for compensation. This is known as contributory negligence, where the responsibility is shared between parties. For instance:
- If your employer failed to provide proper safety measures, they could still be held liable, even if you made an error.
- Your compensation may be reduced proportionately if you are found partially at fault.
- Can I still make a claim if I’m self-employed or a contractor?
Yes, you can make a scaffolding accident claim even if you are self-employed or working as a contractor. Employers and site managers still have a legal obligation to ensure the safety of everyone working on-site, regardless of employment status. Potential scenarios include:
- Negligence by the site manager: if the site manager failed to adhere to safety protocols and did not provide proper personal protective equipment (PPE).
- Faulty scaffolding: if the scaffolding provided by another party was defective or poorly assembled.
- Third-party liability: if another contractor's actions led to the accident.
It’s important to determine who was responsible for the accident, which could include the main contractor, scaffolding company, or property owner. A solicitor can help identify the liable party and pursue your claim accordingly.
- How long does a scaffolding accident claim take to resolve?
The time it takes to resolve a scaffolding accident claim varies depending on the specifics of each case. Some claims may settle relatively quickly, while others take longer due to their complexity. Key factors influencing the timeframe include:
- Liability disputes:
- If the responsible party admits fault promptly, the case may progress faster. However, if liability is disputed, investigations may extend the timeline.
- Severity of injuries:
- For minor injuries, claims are generally resolved more quickly than serious injuries.
- For serious injuries requiring ongoing treatment, the claim may take longer, as it’s essential to fully understand the long-term impact before calculating compensation.
- Complexity of the case:
- Cases involving multiple liable parties, such as contractors, subcontractors or property owners, require thorough investigation and coordination, which can increase the duration.
- Negotiation process:
- Reaching an agreement on the appropriate level of compensation can take time, especially if the other party challenges the amount being claimed.
Talk to Us
If you have sustained a scaffolding injury while at work, contact JMW Solicitors for a free, no-obligation chat about making a compensation claim. Call us on 0345 872 6666 or send us your details using our online enquiry form and a member of our team will be in touch.
