Scaffolding Accident Claims: Fell From, Hit By or Hurt Near Scaffolding
A scaffolding accident claim is a personal injury claim for a fall from scaffolding, a scaffold collapse, a board that gave way, or an injury from tools and materials falling from a scaffold; it can be brought by scaffolders, by the trades working from the scaffold and by members of the public walking past, it is usually made against the scaffolding firm, the contractor in control of the site or the employer, it must normally start within three years, and National Accident Support Line assesses whether there is a claim and refers it to a specialist solicitor, with a callback within 2 minutes.
Scaffolding is put up by one firm, used by others and often altered by people who shouldn't touch it. A tie taken out to fit a window, a board lifted and not put back, a guard rail removed to get materials up and never refitted. When someone falls or something drops, the questions are who had control of the scaffold at that moment, and whether it had been checked.
We'll call you back within 2 minutes with a straight answer on where you stand.
The checks the law requires
Under the Work at Height Regulations 2005, a scaffold has to be inspected by a competent person once it has been put up and before anyone uses it. On construction work, where someone could fall two metres or more, the working platform must have been inspected within the previous seven days, and it has to be inspected again after anything likely to have affected its safety, such as high winds, an alteration or damage. Each inspection is written up, and a report goes to the person in charge of the work within 24 hours.
The tag on a scaffold shows the result of the last check. The law doesn't require tags, but it does require the written inspection report, and that report and the scaffold register are among the first things a solicitor asks for.
Materials also have to be stopped from falling, so far as is reasonably practicable, with toe boards, brick guards and netting, and where that isn't possible the area underneath has to be kept clear of people.
Who is responsible for a scaffolding accident
Once a scaffolding firm hands a scaffold over, the contractor using it normally takes over the regular inspections, unless the scaffolding firm has been contracted to keep doing them. That handover is often where a claim turns.
| What happened | Who is usually responsible |
|---|---|
| The scaffold collapsed or a board gave way in use | The scaffolding firm if it was put up badly; the contractor in control if it was altered, overloaded or not inspected |
| A fall from a platform with no guard rail or toe board | The employer and the contractor controlling the work; the scaffolding firm if the rails were never fitted |
| Hurt while putting the scaffold up or taking it down | The scaffolder's employer or the firm directing the job |
| Hit by a falling tool, brick or tile | The contractor working above, and whoever should have fitted netting or brick guards |
| The scaffold was altered by another trade | The trade that altered it, and the principal contractor coordinating the site |
| A member of the public hit by something falling, or hurt on scaffolding over a pavement | The scaffolding firm or contractor holding the licence, and the firm that hired them |
Scaffolding over a pavement
Scaffolding that obstructs a road or pavement needs a licence from the highway authority, usually the council, under the Highways Act 1980, and it has to be lit at night. Councils commonly add conditions, such as public liability insurance and padded or marked poles at head height. People walking past are owed protection from anything falling. If you were hurt walking under or past a scaffold, the claim is against the firms that put it up and worked from it. Other injuries in public places are covered on their own page.
What a scaffolding accident claim covers
Falls and falling objects cause fractures, back and spinal injuries and head injuries, some of them serious. The claim covers the injury and its lasting effect, the earnings lost while you couldn't work, treatment and rehabilitation, care from family, and future losses if you can't return to work at height.
We'll call you back within 2 minutes with a straight answer on where you stand.
The situations people describe to us
"The board gave way under me, and the site manager had walked it ten minutes before"
A board that gives way points straight at the scaffold's condition, its inspections and whether anyone had interfered with it. Ask for the scaffold register and the last inspection report, and photograph the gap before it is filled.
"Someone had taken the ties out to fit the windows"
A scaffold should only be altered by a competent scaffolder. The trade that made the change is responsible for it, and so is the contractor whose job it was to stop people altering the scaffold and to have it inspected again.
"A pole fell from a scaffold and hit my mum on the pavement, and the workers just left"
Scaffolding firms put their name on a board on the scaffold, and the council's licence records show who applied for it. Photograph the scaffold and any name board, note the address and the time, and get her injury seen and recorded the same day.
"I'm a self-employed scaffolder"
If a firm sends you to its jobs, decides how the work is done and supplies the fittings, it may owe you the duties of an employer whatever your tax status. Paying for your own insurance doesn't change who controlled the job.
What to do after a scaffolding accident
Get medical help first. Photograph the scaffold, the tag, the name board and whatever failed, before anything is changed. Ask for the scaffold register and the latest inspection report, or note who holds them. Make sure the accident is in the accident book. Take the names of anyone who saw it. If you're off work for more than seven days, it has to be reported to the HSE under RIDDOR. Keep payslips or invoices and a note of every day off and every appointment. Then get in touch.
How a scaffolding accident claim works with National Accident Support Line
Tell us what happened, by the form, WhatsApp or a call to 0333 212 2730; web enquiries are called back within 2 minutes during opening hours. We ask who put the scaffold up, who was using it, what failed and who saw it. If there is a claim, we refer it to a specialist solicitor who runs it on a no win no fee basis. If there isn't, we tell you straight. NASL is an FCA-regulated claims management company, not a law firm. Other site accidents are covered on the construction accident claims page, falls from ladders and roofs on the fall from height claims page, and every other kind of claim through our personal injury service.
Frequently asked questions
Can I get compensation for a scaffolding accident?
Yes, if the accident happened because someone failed in their duty: a scaffold put up or altered badly, missing rails or toe boards, no inspection, poor training or no protection for people below.
Who is liable for a scaffolding accident?
It depends on what went wrong and who controlled the scaffold at the time. It can be the scaffolding firm, the contractor using it, the employer, or the trade that altered it, and often more than one.
Can a member of the public claim for a scaffolding accident?
Yes. If you were hit by something falling from a scaffold or hurt by scaffolding on a pavement, the claim is against the firms responsible for it.
How often should scaffolding be inspected?
Before it is first used, at least every seven days on construction work where someone could fall two metres or more, and after anything likely to affect its safety, such as bad weather or an alteration.
What are the common injuries from scaffolding accidents?
Broken legs, ankles, wrists and hips, back and spinal injuries, and head injuries from falls or from objects falling from above.
How long do I have to make a scaffolding accident claim?
Three years from the accident. For a child, three years from their 18th birthday.
What does no win no fee mean?
Nothing to pay upfront and nothing to your solicitor if the claim fails. If it succeeds, the solicitor's success fee, capped at 25% of your compensation for the injury and past losses, comes out of the award, along with any insurance premium; the total is set out in writing before you sign.
We'll call you back within 2 minutes with a straight answer on where you stand.
National Accident Support Line Ltd is regulated by the Financial Conduct Authority in respect of regulated claims management activities, registration number 829991.