Scaffolding Accidents at Work: Scaffolding Injury Compensation Claims
Have you, or a loved one been involved in a Scaffolding Accident as a result of someone else’s negligence?
A Scaffolding Accident Claim is a type of work accident claim that can be made for a scaffolding accident caused by negligence or misuse.
If you believe you have suffered an injury because of poor maintenance or construction of scaffolding, contact one of our expert Accidents at Work Solicitors in Manchester today for a free, initial consultation.
We will advise you with a high degree of certainty whether there is a legal case to be answered and whether your specific case has a high chance of success.
At Sheldon Davidson Solicitors, we pride ourselves first and foremost on our personal and compassionate approach. Our solicitors recognise that sometimes even making that first call can be extremely daunting. Rest assured that we are experts in our field and from the outset, we will make you feel at ease.
Sheldon Davidson will take control of your personal injury claims process and the workload, leaving you to concentrate on making the best recovery possible. We work hard for all those we represent, and we can often work on your claim on a no win no fee basis. We will act decisively to ensure your voice is heard and justice is done.
Due to our track record, we have become one of the most well-recognised personal injury law firms in Manchester. Make that call today and let us fight your corner all the way.
Why is scaffolding related to so many accidents?
Scaffolding is an integral aspect of most construction projects, residential or commercial. It is used in the construction, maintenance and repair of buildings and bridges and if constructed properly is much safer and more effective than a ladder. Unsafe scaffolding, however, is extremely dangerous and can result in serious injury or even death.
In fact, the majority of workplace deaths are due to falls from height, which makes working on scaffolding one of the most dangerous work activities in the country.
Scaffolding does not just pose a risk to those people working on it though. It can also pose a danger to others working, or any member of the public walking underneath it, especially if poorly constructed, causing a scaffolding to collapse.
What types of injury can be sustained in Scaffolding Accidents?
Due to the fact that scaffolding involves working at height, the tiniest mistake can have grave consequences. For this reason, employers and contractors do take the risks very seriously and every step is taken to safeguard against accidents and injury.
However, mistakes do happen and unfortunately, accidents also happen. The most common types of injuries sustained as a result of a scaffolding accident include:
- Slips, trips and falls on the scaffolding board
- Fractures to arms, legs, back and neck as a result of a fall from height
- Being struck by falling objects, such as tools or debris
- Electrocution and burns from power lines running overhead
- Being crushed when scaffolding partially or completely collapses
The above list is not exhaustive, but it provides an indication of the varied types of accidents and resulting injuries that can be sustained during scaffolding accidents.
Can my employer be responsible for a Scaffolding Accident Claim?
Under the Health & Safety at work Act 1974, employers have a legal obligation to ensure any type of scaffolding structure they are responsible for is properly constructed and that it is inspected regularly to make sure it has not been altered or weakened by bad weather.
Your employer will always owe you a duty of care, and it is their responsibility to keep you safe from harm. This extends to all types of worker, whether they are full-time, part-time, or contracted. Duties that an employer is required to oversee include:
- Safety training, including proper warning of all hazards on the workplace
- Informing employees of who is in charge of health and safety regulations, and what their duties are
- Providing proper personal protective equipment (PPE)
- Regularly inspecting and assessing scaffolding and equipment
- Signposting hazards correctly
- Properly reporting and documenting accidents
A breach of the duty of care will likely validate a scaffolding accident claim for compensation. If you believe your scaffolding accident has been caused by the negligent behaviour of an employer, contact our team of specialists today.
Could I lose my job for making a Scaffolding Accident Claim?
UK employment law protects employees from acts of retaliation that can be linked to a legitimate compensation claim. You may continue to work for the same employer as the claim processes, and you cannot be fired, demoted, or treated any differently on the basis of an active compensation claim.
Any amount of compensation you may receive for your scaffolding accident will also be paid by the employer’s liability insurance, and not the company itself.
We will liaise with your employer and the relevant authorities to ensure your job security as the legal process goes on, and will advise you every step of the way.
Can I make a Scaffolding Accident Claim as a member of the public?
Because of the nature of scaffolding accidents, bystanders or pedestrians can often be injured. Safety regulations regarding scaffolding extend the duty of care of the site manager to the public too.
This includes not only bystanders being injured by a collapsing scaffolding structure, but also the structure not being signposted correctly and causing you to slip and fall, or being hit by falling objects from the scaffolding above you.
Proving your injury was caused by the negligence of those in charge of the building site is crucial, and our Scaffolding Accident Claim Solicitors can help you collect evidence and build a strong case for compensation.
How can I start a Scaffolding Accident Claim?
Obviously, to build a solid compensation claim for any type of workplace accident there needs to be evidence that someone acted negligently i.e. a liable party. This will eventually be the party deemed liable to pay the damages by the court.
In terms of scaffolding accidents, it is necessary to prove that either the structure was defective when it was erected, or that the structure was not properly maintained or inspected as per safety regulations, or that working practices in the building site were not adequate so as to ensure the safety of all workers at all times.
The types of evidence that could be used in building and strengthening such a claim could be:
- Photographic evidence of the accident site
- Photographic evidence of the scaffolding structure
- Photographic evidence of the injuries sustained
- Any CCTV evidence if available
- Witness testimony
- Testimonies from workers regarding:
- common working practices
- approach to Health and Safety Executive and RIDDOR reports
- proper training provision
- working at height regulations
- whether PPE regulations were enforced on the site
The above list is for guidance only and is in no way exhaustive. Our team of experts will work closely with you to build the evidence required to maximise the chances of success and also the resulting financial compensation award.
How much compensation can I get for a Scaffolding Accident Claim?
Since the circumstances of every accident are unique it is not possible to provide a definitive figure upfront, but our expert team will be able to provide some guidance on the sums awarded for similar cases. When you claim compensation, the court considers two types of damages:
General Damages: this sum is awarded for pain, suffering and the impact on the injured person’s everyday life looking into the future, such as being unable to pursue hobbies once enjoyed, or being able to return to a career they have worked hard to build.
Special Damages: this sum is awarded for out of pocket expenses and is therefore much easier to calculate. It is intended to reimburse the injured person for things such as medical costs, loss of earnings, adaptations to the home etc. It is largely intended to put the injured person and their family back in the financial position they would have been in, had the accident not occurred.
In choosing Sheldon Davidson to act on your behalf you can be confident that we will fight with all our legal might to secure the highest sum possible for the injuries and suffering sustained.
Call us today for that free, initial consultation and start the process to get the justice you deserve.
Do I have a time limit to start a Scaffolding Accident Claim?
For personal injury claims in the UK, including Scaffolding Accident Claims, there is a time limit within which you must start your claim. This is generally 3 years from the date of the accident, but a number of exemptions may apply to your case.
For example, if the extent of your injuries is not immediately clear, but only appears at a later time, you could be able to claim up to 3 years from that date instead. This is known as the date of knowledge.
Other circumstances may indicate a longer time limit for your claim. Contact us today to start your Scaffolding Accident Claim quickly, and ensure your case is acted within its period of validity. Our solicitors can advise you on the best course of action to ensure the best possible outcome for your compensation claim.
Why choose our Scaffolding Accident Claims Solicitors?
Established in Manchester in 1997, we are a leading specialist accident, medical negligence and personal injury solicitors firm acting for claimants who are victims of non-fault incidents.
Our team of Accident at Work Claims Solicitors in Manchester, act regularly for clients across Greater Manchester including Ashton, Bury, Bolton, Radcliffe, Prestwich, Middleton, Failsworth, Rochdale, Oldham and Whitefield.
Our Injury at Work Lawyers, experienced in Scaffolding Accident Claims, can support your needs wherever you live in Wales, England & Northern Ireland.
We specialise in no win no fee personal injury compensation claims, which means if you don't win, you won't have to pay.
Call us for free now using the number at the top of the page or complete the online contact form and a member of our team will get back to you.
Sheldon Davidson Solicitors are a Lexcel accredited law firm. The Lexcel standard is only awarded by the Law Society to firms who meet the highest standards of practice management and customer service. With Sheldon Davidson Solicitors in Whitefield, Manchester you can be confident that your claim is in safe hands.