If you have fallen from scaffolding at work, you may be feeling overwhelmed, worried about your injuries, and unsure about what to do next. A fall from scaffolding can cause serious harm, and it’s important to understand your rights and how you can claim compensation. This guide will help you learn step-by-step how to claim compensation for a fall from scaffolding, what evidence you need, and what to expect during the process.
Understanding Your Rights After a Fall From Scaffolding
First, it’s important to know that your employer has a legal duty to keep you safe while you work. This duty comes from laws such as the Health and Safety at Work etc. Act 1974. Your employer must make sure the scaffolding you work on is safe, that you have the right training, and that you are given any necessary safety equipment.
If you have fallen because your employer did not keep you safe — for example, if the scaffolding was poorly built, not properly maintained, or you were not given adequate training or equipment — then your employer may be legally responsible. This means you could be entitled to compensation for your injuries and other losses.
Step 1: Report the Accident Immediately
After a fall from scaffolding, the first thing you should do is tell your employer or supervisor about what happened. This is very important because it creates an official record of the accident. Make sure the accident is logged in the workplace accident book or report system.
You should also seek medical help straight away, even if your injuries seem minor. Sometimes injuries from falls can appear worse later on, so it’s important to get checked by a medical professional.
Step 2: Gather Evidence
To claim compensation, you need to prove that the accident was your employer’s fault. The more evidence you have, the stronger your claim will be. Here are some types of evidence you should try to collect:
- Medical Records: Keep all records from doctors, hospitals, and therapists who treat your injuries. These show how serious your injuries are and how they affect your life.
- Photos: Take clear photos of your injuries and the place where you fell. If the scaffolding is unsafe, try to photograph that too.
- Witnesses: If anyone saw your fall or knows about unsafe conditions, get their names and contact details. Witness statements can support your case.
- Accident Report: Ask for a copy of the accident report filed by your employer.
- CCTV Footage: If the accident happened at a site with security cameras, try to find out if footage is available.
- Personal Notes: Write down what happened while it is still fresh in your mind. Include details like time, place, weather, and what safety equipment you had.
Step 3: Understand the Time Limit to Claim
In the UK, you usually have three years from the date of the accident to start a personal injury claim. This is set by the Limitation Act 1980. If you miss this deadline, you may lose your right to claim compensation.
There are exceptions for people who are under 18 or who cannot manage their affairs due to illness or disability. In these cases, the time limit may be paused until the person is able to act or someone else acts on their behalf.
It’s best to start the claims process as soon as possible to avoid missing important deadlines.
Step 4: Contact a Specialist Solicitor
While you can claim compensation without a solicitor, having expert legal support makes the process easier and often leads to better outcomes. Personal injury solicitors specialise in workplace accidents and know how to deal with employers and insurance companies.
Many solicitors offer a No Win, No Fee service, meaning you don’t pay any legal fees unless your claim is successful. This reduces your financial risk.
When you contact a solicitor, they will:
- Assess your case for free to see if you have a good chance of winning.
- Help gather evidence.
- Handle all paperwork and communication.
- Negotiate with your employer’s insurers.
- Represent you if your claim goes to court.
Step 5: What Compensation Can You Claim?
If your claim is successful, you may receive two types of compensation: general damages and special damages.
General Damages
This is money to compensate you for the pain, suffering, and loss of enjoyment of life caused by your injuries. The amount depends on:
- How serious your injuries are.
- How long your recovery takes.
- Whether your injuries cause permanent disability or affect your ability to work.
Medical reports and assessments from independent experts help decide this amount. The Judicial College Guidelines provide a rough idea of compensation amounts for different injuries.
Special Damages
These cover your financial losses due to the accident. They might include:
- Loss of earnings if you had to miss work.
- Medical expenses not covered by the NHS, such as private therapy.
- Travel costs for medical appointments.
- Costs of care or assistance if you need help at home.
- Home or vehicle adaptations if you have long-term disability.
It is important to keep receipts, payslips, invoices, and bank statements to prove these costs.
Step 6: The Compensation Process Explained
Once your solicitor has gathered evidence and prepared your claim, they will send it to your employer’s insurance company. The insurer will investigate and decide if your employer was liable.
If liability is accepted, the insurer will usually make a settlement offer. Your solicitor will discuss this with you and advise if it is fair. If you agree, the claim settles and you receive compensation.
If the insurer disputes liability or offers too little, your solicitor may negotiate or prepare to take the case to court.
Step 7: What Happens If Your Case Goes to Court?
Most scaffolding fall claims are settled out of court to save time and money. However, if no agreement is reached, your case may go to a court hearing.
At court, a judge will look at the evidence and decide:
- Whether your employer was responsible for your fall.
- How much compensation you should get.
If you win, the court orders the employer or insurer to pay. If you lose, you might have to pay the other side’s legal costs, but this risk can be reduced by having After The Event (ATE) insurance.
Your solicitor will explain the court process and keep you informed.
Step 8: Protect Yourself From Employer Retaliation
You might worry about losing your job or being treated unfairly if you claim compensation. It’s important to know that the law protects you.
Your employer cannot legally fire, discipline, demote, or harass you because you have made a claim. If they do, you may have grounds for an unfair dismissal claim.
If you feel you are being treated badly at work due to your claim, tell your solicitor immediately.
Extra Tips to Help Your Claim
- Keep all documents safe: From medical reports to accident forms.
- Follow medical advice: Attend all appointments and keep treatment records.
- Avoid social media: Don’t post anything about your injuries or claim that could be used against you.
- Stay in contact: Keep your solicitor updated about any changes in your health or work situation.
Summary: You Are Not Alone
Falling from scaffolding can be a frightening and painful experience. But you don’t have to face the consequences alone. Your employer has a responsibility to keep you safe, and if they fail, you have the right to claim compensation.
By reporting the accident, gathering evidence, contacting a specialist solicitor, and understanding the compensation process, you can protect your future and get the support you deserve.
Remember, time limits apply, so it’s important to act quickly. Get in touch with a No Win, No Fee personal injury solicitor to discuss your case today.
If you need help with a scaffolding accident claim or want to know more about your rights, contact a specialist personal injury solicitor who can guide you every step of the way.
