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Scaffolding Accident Claims
Scaffolding on construction and building sites is not only required by law, but for a lot of work, it is essential. It is designed to provide construction and building site employees with a stable, temporary structure. If however, you have been injured because of a poorly constructed scaffold or due to misuse, you may be able to make a scaffolding accident claim for compensation.
When erected and utilised properly, scaffolding is incredibly safe and a far more efficient mode for reaching heights than ladders. Whilst working at heights obviously poses its own risks, scaffolding brings an extra dimension of dangers to construction and building work. This is particularly true when the required safety regulations are not followed. The risks involving scaffolding are not restricted just to construction site workers only. People walking underneath it, or around it, could also be hurt.
Scaffolding companies and/or your employer have a duty to ensure:
- The equipment used is well maintained, correctly erected and secure at the outset;
- Once erected, it is inspected regularly to check it remains secure, is being used correctly, no alterations have been made to the structure and it has not been weakened/damaged following poor weather.
Can I make a Scaffolding Accident Claim?
Understandably, dealing with a scaffolding accident claim can be almost as stressful as the accident itself. However, with the right advice, support and legal know-how Smith Jones can bring to your case, we guarantee an easy, hassle-free experience. Let us take on the burden of your case and secure you the compensation you deserve.
We know that money won’t change what has happened, but it can help you to improve your quality of life and peace of mind knowing that justice has been done. There is also the possibility that because your claim was successful, other people might not have to suffer the same way you did.
Common Scaffolding Accident Injury Claims
- Slips, trips and falls on the scaffolding planking and boards
- Electrocution and burns from power lines running overhead
- Crushes when scaffolding partially or completely collapses
- Falling objects, tools and debris striking individuals beneath the scaffolding
- Fractures to arms, legs, back, and the neck from falls
The above list is by no means exhaustive. But it does show just how the much the injuries sustained as a result of scaffolding accidents can vary. They range from simple bruising, scrapes and cuts to more serious injuries such as fractures, broken bones, head and brain injuries, and in the worst-case scenarios, death. Any of these injuries could be caused by individuals falling from the scaffolding or items falling from the scaffolding onto workers and members of the public underneath. They could also be because of unprotected sharp edges or even the scaffolding collapsing completely.
When it comes to scaffolding, just one tiny mistake can be a big deal. It could be something as simple as a damaged or wrong sized bolt in one corner which causes the entire section to fall. Most contractors are aware of the risks and take a great amount of care to ensure that nothing is missed. Regardless, even though precautions are taken, mistakes often can and do happen that cause serious injury and even death.
If you have suffered an accident involving scaffolding and can prove that either something was defective when it was erected, or that someone acted negligently, you may be able to file a compensation claim. Some of the issues that would be considered as part of the claim include:
- Lack of sufficient and appropriate scaffolding training
- Lack of personal protective gear provided and/or worn on the scaffolding
- Failure to follow the correct safety procedures
- Lack of or insecure bracing
- Weak planking
- Injuries that result from falling loads
Health & Safety Guidelines
As a result of many scaffolding accidents and fatalities in the past, there have been several precautionary measures implemented to make sure the construction and scaffolding workers in the UK are kept safe.
These regulations include:
- The Personal Protective Equipment at Work Regulations 1992 – This means that all employers must provide equipment for their employees that is in sound working condition, maintained and stored properly and fit for the required purpose. It also stipulates that all equipment used on the site should come with the appropriate user manual.
- The Provision and Use of Work Equipment Regulations 1998 – This regulation outlines a strict set of rules and instructions on the proper use of workplace equipment and emphasises the need for employers to ensure that equipment is only used by individuals who are properly trained.
- The Work At Height Regulations 2005 – This states dictates that work that is being carried out at height should be evaluated properly with regards to the training, skills and resources required; as well as the potential risks involved.
The reason these regulations exist is to ensure that all scaffold workers on building and construction sites are provided with the correct amount of protection – especially when their work involves high risks of accidents and injuries.
Therefore, if you have been involved in a scaffold-related accident because of unsafe working practices or because it was badly maintained, your employer could be held liable. Don’t forget: Even if you are not a construction or building site employee, you may still be able to claim compensation from the site supervisor or contractor.
You can call our friendly and experienced team on 0800 195 9590 for confidential, expert advice.
How Do You Make A Scaffolding Accident Claim?
In order to file a successful scaffolding claim, and get the compensation you deserve, you must be able to prove that the injuries you sustained were caused by the negligent actions of a third party. Scaffolding accident claims, like many other personal injury claims, can be quite laborious and complex. We recommend that you seek the advice and assistance of a specialist personal injury lawyer as soon as possible.
We have been representing clients for over 30 years and specialise in personal injury claims. We can provide you with the help you need to secure the compensation you deserve. Although money is not going to change what happened, it can help lessen or eliminate the hardships you may be experiencing as a result of your injuries.
There is a lot of important information that your personal injury lawyer will need in order to successfully file your compensation claim:
- The first thing you need to do is to gather as much evidence as you can that will help to prove that the accident occurred. For instance, if you fall from scaffolding that you were working on and sustain injuries, the details should be recorded in the construction or building site’s Accident Report book. Even if there is no Accident Report book or you failed to have your accident recorded inside it, you could ask any witnesses of the accident to help by giving statements of the sequence of events that occurred as they saw them
- The next thing you need to do is gather as much evidence as you can to help prove that the accident occurred because of someone else’s negligence. This obviously involves some investigation and research into the construction or building site where the accident happened. This includes finding out who owns the site, what company was in charge of the construction and anything else pertinent. If you have all this information you will need to prove they were negligent. For example, find evidence that proper health and safety regulations were not implemented
- The last thing you need to do is gather as much evidence as you can to prove how severe your injuries really are. This may include any medical documents or records, for example, did an ambulance come to the scene? Have you had any follow-up appointments with your GP? These are all important as evidence.
How Your Case Is Funded
You may be worried about the cost of making a claim for scaffolding accident compensation. The majority of our cases are funded on a ‘No Win No Fee’ basis. This agreement is also known as a conditional fee agreement, which is often abbreviated to CFA. This means there is no financial risk to you in pursuing a claim and you will only be liable for our legal costs should you be successful in your claim.¹³
If we think your case may not be successful, then we will do our best to inform you of this during your initial consultation or as soon as this is determined. A No Win No Fee case arrangement does not suit everyone, and we are happy to discuss the various options of how you choose to fund your claim. We will help you decide what best fits you and your claim.
For more detailed information regarding funding and legal fees, you can speak to a member of our team on 0800 195 9590.
How long does a scaffolding accident claim process take?
Each and every scaffolding accident compensation case is different and depends on a variety of factors – such as the extent of the injuries caused – the duration of time each takes will vary considerably. Therefore, it can be difficult to indicate how long it will take.
Another factor is the circumstances surrounding your accident and how the other party involved reacts to your compensation claim. We have found in the past it can take as little as 6 to 8 weeks for the responsible party to accept liability or it can take a number of years to fully conclude. Rest assured, here at Smith Jones Solicitors we will do our very best to get things moving as quickly as possible and keep you informed every step of the way.
How Much Compensation Will I Get?
You are probably curious about how much compensation you will be awarded if your scaffolding accident claim is successful. The good news is we offer a compensation calculator for you to use to give you a rough estimate as to how much you may receive. However, as no two claims are the same, there is no way of knowing exactly how much money you should expect until a bit later on in the process. Our team of experienced personal injury lawyers consider each case individually.
There are many factors that are taken into account when compensation is calculated and the team at Smith Jones will weigh these up. This includes loss of earnings, psychological damage, impact on your home life and your general well-being as a direct result of your accident. Whilst we may not be able to promise any specific amount at this stage, you can be sure we will do all we can to get you the compensation you deserve.
Contact Smith Jones Today
You may find the thought of starting construction accident claims against an employer a little daunting. However, with the right advice, support and legal know-how Smith Jones can bring to your case, we can work with you to provide a hassle-free experience. Our team will take on as much of the burden of your case as possible, leaving you to focus on your recovery while we fight to secure the compensation you deserve.
We know that money won’t change what has happened, but it can help you to improve your quality of life and provide peace of mind knowing justice has been done. There is also the possibility that because your claim was successful, other people might not have to suffer the same way you did.