Work that takes place on a scaffolding can be dangerous, which is why there are strict health and safety regulations in place for undertaking this type of work. Although these regulations are in place, scaffolding accidents at work are still common and can lead to severe, life-changing injuries.
Construction workers and members of the public are both at risk of sustaining injuries form this type of accident. If you have been injured as the result of a building site or scaffolding accident, contact Beacon Law to find out if you could make a scaffolding accident claim and receive the compensation you deserve.
Common Types of Scaffolding Accident
Beacon Law have dealt with many different types of scaffolding accident claim. The most common scaffolding accidents have included the following:
If you have suffered an injury in a scaffolding accident which has not been listed above, you may still be able to make a scaffolding injury claim for compensation. Contact Beacon Law to discuss you case with one of our experienced accident at work solicitors.
Common Injuries Caused by Scaffolding Accidents
Due to the dangerous nature of work involving a scaffolding, scaffold injuries have the potential to be severe. The most common types of injuries sustained in scaffolding accidents include:
- Severe lacerations
- Strains and sprains
- Head injuries
- Fractured and broken bones
- Crush injuries
- Spinal cord injuries
I have Been Involved in a Scaffolding Accident, What Should I Do?
If you have been injured in a scaffolding accident you may be able to make an accident at work claim for compensation. Before making a claim, you should:
- Report the accident to a senior member of staff on site. You should ensure that details are recorded in an incident report and request a copy of the report. Your employer should also report the incident to the Health and Safety Executive (HSE). If you are self-employed, you may be responsible for reporting the incident.
- Seek medical attention. If you have been injured, you should attend your G.P. or a hospital to obtain treatment for your injuries. Keep hold of any receipts for parking or medical treatment as evidence of your additional losses.
- Obtain evidence to support your claim. If possible, take photographs of the scene of the accident, your injuries, or anything which may be relevant to support your claim. It may also be useful if you can obtain witness statements from anyone who witnessed the incident.
- Contact Beacon Law. If you would like to make a scaffolding accident claim for compensation, get in touch with us using the contact details below to start you claim.
Scaffolding Accident Claim: Your Entitlement to Make a Claim
To make a successful claim for compensation, you must be able to prove that someone has been negligent, and that their negligence directly resulted in your accident and subsequent injuries. The owner of the construction site will have a duty of care to ensure a safe working environment for all staff on the site. They also have a duty to take reasonable steps to minimise the risk of injury to members of the public.
There are many health and safety regulations in place to protect employees on construction sites. The Construction (Design and Management) Regulations (2007) are designed to protect employees from getting injured in construction environments. The Construction (Health, Safety and Welfare) Regulations 1996 provide further protection and place a duty on employers to:
- Provide a safe place of work for employees
- Provide a safe means of access to and from the place of work
- Prevent falls from height
- Ensure scaffolding is erected under competent supervision
- Prevent injuries due to falling objects
As tasks which are required to be carried out using a scaffolding are risky, the Health and Safety Executive have set out a checklist which must be followed and adhered to by employers and scaffolders.
If you have been involved in a scaffolding accident due to someone else’s negligence, you will be entitled to make a personal injury claim against the person or company in control of the site at the time of your accident.
How Much Compensation Will You Receive in a Scaffolding Accident Claim?
You will be entitled to monetary compensation for your injuries and financial losses if you are successful in making a scaffolding accident claim; how much compensation you will receive depends on a number of factors.
We are unable to advise you on the amount of compensation you will receive for your injuries from the outset of your claim. Your compensation award will be split into general damages for your injuries and special damages for any additional losses.
The level of general damages you receive will be based on the extent of your injuries, to include your pain, suffering and loss of amenity. The valuation of your general damages will be based on the type and severity of the injury sustained. Personal Injury compensation can be anything from £1,000 to £100,000 (or more), depending on the seriousness of the injuries. It is therefore very difficult to assess the level of damages you may be entitled to without first assessing your injuries and your case in detail.
You may be required to attend an appointment with an independent medical expert who will assess your injuries and provide a detailed report on the severity of your injuries and any further treatment which may be required.
You will also be able to make a claim for special damages which will include any additional losses you may have sustained as a result of the accident. These can include:
- Loss of earnings for any time taken off work as a result of the sustained injuries.
- Medical treatment costs.
- Travel costs for journeys to and from appointments.
- Compensation for additional care and assistance required as a result of your injures – either paid or unpaid.
Beacon Law are specialist personal injury Solicitors who will fight to ensure that you obtain maximum compensation for your injuries.
How Long Will it Take to Settle Your Scaffolding Accident Claim?
The amount of time taken to settle a scaffolding accident claim will ultimately depend on the case itself, as well as the complexities of the case. The majority of claims can last anywhere for six months to 2-3 years to settle. Less complex claims, with less serious injuries, usually take less time to settle.
We can request interim payments from the Defendant throughout the progress of the case as long as they have admitted liability for your accident and injuries. These may be paid in advance of your settlement figure or the final amount which will be agreed. They are usually smaller payments and can be paid to cover the costs of your needs, such as rehabilitation costs.
When a final amount is agreed between the parties, the interim payment will be deducted from the final amount you receive.
We would recommend that you start your scaffolding accident claim as soon as possible, as all personal injury claims are time limited. Claimants have three years from the date of their incident to lodge their claim with the court.
As these types of claims are often complex, starting your claim as early as possible will ensure your case does not become statute barred.
How Much Will it Cost to Make a Scaffolding Accident Claim?
Making a scaffolding accident claim should not cost you anything. At Beacon Law, we act on a ‘no win no fee’ basis. This means that you will not be required to pay anything upfront. The only requirement to this no win no fee agreement is that you are honest throughout your case and that you cooperate fully with us.
If your case fails, you will not need to pay us anything. If you claim is successful, our fees will be deducted from your final amount of compensation at the end of your claim.
The maximum amount we can deduct from your damages on successful conclusion of your case is 25%. An additional amount may be deducted to cover the costs of an After the Event (ATE) insurance premium. This insurance may be required to cover the risk of any disbursements incurred and adverse costs from the defendant. This insurance will only be payable if we win your case.
Will I be dismissed if I make a claim?
When people consider making a claim against their employer, they are often concerned that they will be dismissed or treated badly. We can however assure you that your employer is not permitted to terminate your employment or abuse you just because you have made a claim against them.
Your employer should have appropriate employers liability insurance in place which is designed to cover them in the event any of their employees are injured due to their negligence or a breach of statutory duty. You should therefore appreciate that your employer’s insurers will cover any claim, and not your employer’s directly.
Can I Make a Scaffolding Accident Claim if I am Self-Employed?
Self-employed subcontractor accident at work claims are very common. If you have suffered an accident at work as a self-employed subcontractor, you may wonder how you can claim or if you can claim at all. You may also wonder who will the claim be brought against if you are self-employed?
In most cases, self-employed subcontractors are usually responsible for their own health and safety whilst at work. However, there are some circumstances that can give rise to a claim for a self-employed subcontractor accident at work. You should be able to make a scaffolding accident claim if the injuries you suffered were as a result of someone else’s fault or mistake.
Why Choose Beacon Law?
Beacon Law is a law firm with a great reputation for providing friendly and helpful staff, providing a nationwide service. Our specialist solicitors and legal professionals have vast experience in handling personal injury claims, including scaffolding accident claims and all types of accident at work claims. We are regulated by the Solicitors Regulation Authority and can provide you with the legal advice you require. We will provide assistance throughout your case and act only within your instructions in progressing the matter.
