No Win, No FeeWhen erected properly, scaffolding can make it much easier for construction projects to be carried out safely. Whether retiling a roof or replacing windows on a multi-storey building, scaffolding usually provides a much safer and more stable base to work from than ladders could ever offer. However, accidents involving scaffolding can and do happen. If you’re injured whilst working on scaffolding or if you’re hurt by items falling from a scaffold, you could be compensated for your injuries.
You can call upon the help of our advisors if you are thinking of making a scaffolding accident claim. During your first call, we’ll review your case with you for free. If the case appears to be viable, we could ask one of our personal injury solicitors to start your claim. If they agree to represent you, there won’t be any solicitors fees payable upfront. That’s because you’ll benefit from a No Win, No Fee service. As a result, the claims process should be much less stressful from start to finish.
When Can You Claim Compensation After a Scaffolding Accident?
A scaffolding accident claim typically involves incidents where someone suffers injuries due to negligence on a construction site or work environment. Common examples include:
- Falls From Height: If you fall from height because of missing guardrails, faulty assembly, or lack of proper safety equipment.
- Falling Objects: Injuries caused by tools or materials falling from scaffolding.
- Scaffolding Collapse: If the scaffolding was poorly constructed, maintained, or inspected, and it collapses as a result.
- Slips and Trips: Hazards such as debris, uneven surfaces, or slippery platforms on scaffolding can lead to injuries and form the basis for a claim.
Anyone injured in a scaffolding accident due to another party’s negligence, such as employers or contractors, could be entitled to compensation.
Am I Entitled to Claim for a Scaffolding Accident?
Whether you’ve been injured on scaffolding on a building site at work or if you’re a member of the public who’s been injured, you could be compensated if:
- The defendant owed you a duty of care; and
- They were negligent in some way and, as a result, caused a scaffolding accident to happen; and
- You were injured in that accident.
If all of the above is true in your case, a personal injury lawyer from our team could help you get compensated. We’ll look at what duty of care you might be owed in the following sections.
What Evidence Do I Need for a Scaffolding Accident Compensation Claim?
If you are going to take action for injuries sustained during a scaffolding accident, you’ll need to have proof to justify your compensation claim. This could include:
- Health and Safety Executive (HSE) reports. Many workplace accidents must be reported to the HSE according to RIDDOR. You could use a copy of their investigation report to help establish what went wrong.
- Medical documents. To help prove the extent of your injuries, you could ask for a copy of your medical records and x-rays from the hospital that treated you. These would also show what treatment was necessary.
- Witness information. If anyone witnessed the scaffold accident, they could be asked to provide a statement of what they saw later on. As such, try to collect contact information after your accident where possible.
- If you’re able to, it’s a good idea to take pictures of the accident scene at the time you were injured. These pictures can often make it easier to explain how you were injured.
- CCTV camera footage. Where your accident was captured by a camera, you should ask for a copy of the footage. Usually, recordings aren’t kept much longer than a month so you should act quickly.
- Accident reports forms. As well as reporting the accident to the HSE, building site operators will need to keep an accident report book. It’s a good idea to keep a copy of your accident form as it can help to show when and where the incident took place.
Once you’ve finished collecting evidence, call our team and they’ll review it with you to establish your chances of a successful claim.
What Is the Time Limit to Make a Scaffold Accident Claim?
In the UK, you generally have 3 years to make a scaffolding accident claim. This limitation period begins either from the date of the accident or the date you became aware that your injuries were linked to the accident (known as the “date of knowledge”). This time limit is set under the Limitation Act 1980.
However, if the person injured in the scaffolding accident lacks the mental capacity to make a claim, the 3-year time limit does not apply until they regain capacity. In these cases, a litigation friend can file the claim on their behalf.
Even though the limitation period is 3 years, it’s advisable to start the process as soon as possible to give your solicitor enough time to gather evidence and build a strong case.
How Much Compensation for a Scaffold Accident Can I Claim?
Compensation for injuries from a scaffold accident is designed to help you get back on your feet physically, psychologically and financially. Every penny of compensation you request must be fully justified. For that reason, if your claim is accepted, one of our personal injury solicitors will review your case fully to ensure everything is included.
While each claim is different, yours could include compensation amounts to cover:
- The pain you had to deal with because of your injuries.
- Any effect your injuries had on your domestic or social life (compensation for loss of amenity).
- Earnings you lost because you couldn’t work.
- Future loss of income if your injuries are long-lasting.
- Care arrangements.
- Travel expenses.
- Private medical treatment costs (including rehabilitation).
- Any changes needed to your home or vehicle to help you deal with disabilities caused by your scaffold accident.
If you’d like to discuss what you could include in your scaffolding accident claim, please get in touch today for more information.
Can I Claim Compensation for Psychological Distress After a Scaffold Accident?
Scaffolding accidents can lead to not only physical injuries but also psychological harm. For instance, you might experience flashbacks, anxiety, emotional distress, or even conditions like PTSD after the incident. As such, compensation for mental trauma could be factored into the overall settlement alongside physical injuries.
Please contact our personal injury solicitors if you’ve experienced psychological distress, and we can discuss your options further.
Do I Need a Solicitor to Make a Personal Injury Claim?
No, you do not necessarily need a solicitor to make a scaffolding accident claim, but having one can significantly improve your chances of success. A solicitor specialising in personal injury claims can handle every aspect of the legal process for you, including gathering evidence and negotiating a settlement with the defendant’s insurer.
Our solicitors provide a No Win, No Fee service for all scaffolding accident claims they take on. That means there are no solicitors fees payable in advance and you won’t need to pay them if your claim doesn’t work out.
If your case is taken on and you are compensated, your solicitor will deduct a success fee from your settlement to cover the cost of their work. The type of agreement you’ll sign is called a Conditional Fee Agreement (CFA). When using a CFA, the maximum success fee you can be charged by law is 25%, although this doesn’t necessarily mean you’ll be charged that percentage.
To see if you could claim using one of our No Win, No Fee solicitors, please call today.
How Long Will a Scaffold Accident Claim Typically Take?
The duration of scaffold accident claims can vary significantly. For instance, in straightforward cases, where liability is clear and injuries are relatively minor, a claim may be resolved within a few months. However, more complex claims such as those involving serious injuries, disputed liability, or extensive investigations could take longer, potentially a year or more.
The time it takes to gather evidence, including medical reports, witness statements, and health and safety investigations, can also affect the timeline. Dealing with insurers or third parties can cause further delays, particularly if liability is contested or the scaffolding accident compensation amount is disputed.
In most cases, claims are settled without the need for a court trial, as solicitors and insurers typically try to reach an agreement first. However, if the case goes to court, the process could take considerably longer, potentially extending the claim by many months.
Ultimately, the duration of a scaffolding accident claim depends on the specifics of the case, including the severity of injuries and whether all parties agree on liability and compensation.
Scaffolding Accident Claims Frequently Asked Questions
Can I Claim on Behalf of a Loved One Injured in a Scaffold Accident?
If a loved one has been injured in a scaffolding accident, you could claim on their behalf if their injuries mean they don’t have the mental capacity to manage the claim themselves.
You could also claim compensation if they have died from a fatal accident. While no amount of money will ease the pain caused by their loss, compensation could help you to cope financially. As well as claiming for their death, you could receive a bereavement payment.
Furthermore, you could ask to be compensated if you were financially dependent on the deceased or if you have any immediate expenses such as funeral costs to cover. Please get in touch to find out more.
What if I Was a Member of the Public Hit by Scaffolding or Falling Items?
Not all scaffolding accident claims involve construction workers. We could help pedestrians, homeowners, residents or bystanders who are injured through no fault of your own. Importantly, building site operators have a duty of care to try and prevent accidents to anyone who might pass by or under their scaffolding. For example, if you have to pass under the scaffold to enter a shop or your own property.
You could be entitled to compensation if you were passing scaffolding and something fell and hit you, if you tripped and fell on debris lying on the path or if the scaffolding collapsed (or partially collapsed).
Proving what happened is important and so we’ll spend some time discussing evidence you could use to support your scaffolding injury claim shortly.
Will I Need a Medical Assessment for My Compensation Claim?
To prove how you’ve suffered from the scaffolding accident (and may continue to suffer in the future) you might need to provide an independent medical report to detail your injuries and your prognosis. For this reason, during the claims process, your solicitor can usually book a local appointment with a specialist for you.
During the meeting, you’ll discuss your injuries and how they have affected you. Also, the specialist will examine the current state of your injuries. Once the appointment has ended, they’ll forward their report to all parties involved in the claim.
Start a Scaffolding Accident Compensation Claim Today
If you’ve decided to take action after being injured following a scaffolding accident, please call our team on 0800 652 1345 today. If your case is accepted, we’ll appoint a solicitor who will:
- Review your case in fine detail with you.
- Collect evidence to support your claim.
- File the scaffold accident claim with the defendant.
- Deal with any objections or queries from the defendant so you don’t need to.
- Provide you with regular updates about how your case is progressing.
- Aim to secure the maximum compensation possible in your case.
To keep the claim as efficient as possible, everything will be dealt with over the phone, online and by email.
This is the end of our guide on scaffolding accident claims, and if you’d like more information on your options, please use live chat to get in touch, or arrange here to have an advisor call you back.
