Recent rise in scaffolding injury claims
Posted on 22nd December 2021
In recent months, our accident and work and personal injury solicitors have come across an increasing number of clients and accidents which involve people falling from defective scaffolding, falling from height, and suffering serious scaffolding injuries.
Our solicitors know that the time after suffering an accident at work is a difficult time for many, and that many people feel uneasy or unsure about making an accident at work claim for their injuries.
However, our specialist solicitors are here to let you know that you are a victim in your accident at work, and making a claim for financial compensation for what you have been through is a legal right that must be respected by your employer. If you are looking to make an accident at work claim for faulty scaffolding, or defective scaffolding, then MG Legal’s accident at work solicitors are here to guide you through the process in a stress-free way, as we have done with all of our clients over the years. Whether making a scaffolding injury claim, or any other type of accident at work claim, our team are here to help you on a no win no fee basis.
MG Legal, Nationwide Accident at Work Solicitors. The team that put you first. Contact us for a free, no-obligation consultation: 01772 783314 or email at: firstname.lastname@example.org
How much can I claim for falling from height or falling from scaffolding?
It is really difficult to estimate how much a specific scaffolding injury claim will be worth, as all accidents and all injuries are unique. However, a 24-year-old man was recently awarded over £1million after falling from height, and suffering from a traumatic brain injury. The incident, which happened when he was 18, saw the man fall from significant height, and he had to undergo a procedure to insert a bolt into his skull, as well as multiple further surgeries. He has now been left with long lasting injuries.
The case was initially disputed by the defendant, but a 75/25 split liability outcome saw the claimant achieve a significant amount of financial compensation. Here at MG Legal, our specialist injury solicitors are experts at working on split liability cases, and where liability is disputed in our clients’ claims. Our team go above and beyond to ensure that all of our injured clients achieve the maximum financial compensation in their injury claims.
Proving an accident at work claim:
When making a fall from height scaffolding injury claim, or an accident at work claim, it is up to our specialist accident at work solicitors to prove that your employers acted negligently, and that they breached their duty of care to you. In many cases, this involves holding employers accountable for breaches of health and safety workplace regulations, and proving that they failed to take the necessary safety precautions in the workplace.
When it comes the the law surrounding scaffolding injury claims, and accidents at work, there are a number of legislations that govern workplace safety’s according to the HSE:
The Health and Safety at Work etc Act 1974 (HSW Act)- This act requires employers to ensure the health and safety of all employees and anyone who may be affected by their work, so far as is reasonably practicable. This includes taking steps to control slip and trip risks, or any other accidents at work. Employees also have a duty not to put themselves or others in danger, and must use any safety equipment provided.
The Management of Health and Safety at Work Regulations 1999- this group of legislations require employers to assess risks in the workplace (including slip and trip risks) and, where necessary, take action to address them.
The Workplace (Health, Safety and Welfare) Regulations 1992- these regulations require floors in the workplace to be suitable, in good condition and free from obstructions. Employees and all people should be able to move around safely.
Can I make an accident at work claim for falling from scaffolding injuries?
The short answer to this question is yes, if you have been injured in a scaffolding fall or injured in a scaffolding accident, then you are always protected under legislation, and are owed a legal duty of care from your employer. When this duty of care from your employer is broken, then you can claim for financial compensation for any injuries suffered as a result of their negligence in a scaffolding injury claim.
This negligence can include:
Defective scaffolding- Failing to conduct regular risk assessments and checks of the scaffolding that led to scaffolding falls
A lack of PPE- Failing to provide necessary PPE such as helmets, resulting in injuries from scaffolding injuries
Inadequate training- to employees on scaffolding safety and working practices
Types of scaffolding injury claims:
Because of the height of scaffolding structures, and their instability, the most common types of scaffolding injury claims unsurprisingly involve employees falling from elevated structures.
The most common scaffolding injury claims include:
Collapsed scaffolding injury claims- when scaffolding structures collapse, or partially collapse, it can lead to the most serious injuries for those involved, and, sometimes, passersby. Scaffolding injury claims for collapsed scaffolding can be for a number of negligent acts, including faulty scaffolding, inadequate training of those erecting the scaffolding, and the overloading of weight on scaffolding.
Inadequate training scaffolding injury claims- Under The Work at Height Regulations 2005 Act, all employers must ensure that no person engages in any work activity at height unless they are properly trained and signed off to do so. The same is the case for erecting scaffolding. If you have suffered a scaffolding accident due to inadequate training, contact MG Legal about making a scaffolding injury claim today.
Being hit by falling objects- Another risk leading to many scaffolding injury claims is objects and work equipment being left lying around unsafely on scaffolding platform, and subsequently falling off and hitting somebody below.
Slips, Trips, and Falls- Incorrectly constructed scaffolding structures, scaffolding with no safety barriers, or faulty scaffolding where screws have come loose all pose a risk of workers falling from scaffolding, and tripping over on scaffolding.
These are just some of the most common scaffolding injury claims that our no win no fee solicitors have won for our injured clients. Unfortunately, we know more than ever that there are a number of negligent employers out there who don't ensure the necessary safety standards on site, or value the importance of training. When this happens, and employees are injured as a result, they are entitled to financial compensation by making a no win no fee scaffolding injury claim.
What if my employer is telling me not to make an accident at work claim for my injuries?
While it should not happen, our accident at work solicitors are not naive to the fact that the reason many clients feel reluctant to make a scaffolding injury claim for their injuries, is because their employer is frantically trying to convince them not to.
If you find yourself in this scenario, and your employer is trying to convince you against making a claim for an accident at work, then the chances are that this is because they know that they are at fault for the accident, and that it was caused by their negligence.
However, this should not impact your decision. Whether you have fallen from dangerous scaffolding, or been injured in any other accident at work, you are legally entitled to claim financial compensation and make an injury claim. Your employer has Employer’s Liability Insurance in place to cover instances such as this, and any money won in your accident at work claim will come from this insurance policy, rather than out of their pockets.
Make a no win no fee accident at work claim with MG Legal today:
Here at MG Legal, our no win no fee accident at work solicitors have successfully settled thousands of accident at work claims for clients who have been injured at work just like you, and won life-changing financial compensation for our clients.
When you choose to work with us for your scaffolding injury claim, or accident at work claim, on a no win no fee basis, your claim will be allocated to one of our no win no fee solicitors, and you will only ever deal with this accident at work solicitor throughout your claim process.
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