SCAFFOLDING ACCIDENT COMPENSATION CLAIMS
The legal duty of an employer is take reasonable care for the health and safety of employees to reduce the possibility of a scaffolding accident. An employer is required to provide competent co-workers, adequate materials, safety equipment, protective clothing and a safe system of work. Every year there are estimated to be over 2,000 scaffolding accident claims involving serious injury or death. Most scaffolding accidents arise as a result of improper construction or maintenance which fails to comply with the safety regulations.
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Employer Negligence
The most common faults found in scaffolding construction include :-
- poor foundations - no base plates or missing or rotten sole boards
- bay size is too large, it should never be more than 2.7 metres
- joints in standards and ledgers not properly staggered
- bracing omitted or incorrectly attached
- transoms incorrectly spaced or attached on working platforms
- boards missing, of poor quality or uneven
- ladder upside down or only fixed on one side
- insufficient over sail of ladder above working platform
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Forgotten Components
The most commonly "forgotten" components that contribute to falls from height, which is the main cause of scaffolding accidents involving serious injury, includes :-
- Base Plates:
- Are required on all scaffolds and the surface on which they are placed must be capable of supporting the loaded scaffold without settling which may necessitate compacting before setting up the scaffold.
- Scaffold Ties:
- The installation of scaffold ties should not depend on guesswork if a scaffolding accident is to be avoided. If there is any doubt in regards to positioning and numbers of ties then a review of the proposed scaffold should be made with a professional engineer.
- Guard Railing & Toeboards:
- There are industry guidelines in regards to height and spacing and failure to comply may mean that an employer is negligent if an accident occurs.
- Work Platform Decking:
- All planking must be in place with proper positioning of planks.
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Health & Safety Regulations
It is a requirement of The Construction (Health, Safety and Welfare) Regulations 1996 that full and detailed written records of scaffolding inspections be kept for a minimum period of 3 months after completion of the work and that all scaffolds be inspected by a "competent person":-
- before being taken into use for the first time
- after any substantial addition, dismantling or other alteration
- after any event likely to have affected its strength or stability
- at regular intervals, not exceeding 7 days since the last inspection
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No Win No Fee Solicitors
Our experienced accident solicitors are members of the Law Society panel of personal injury experts and operate the risk free no win no fee scheme. Our solicitors do not make any deductions from your compensation and do not ask you to fund or finance your claim in any respect. For free advice from a specialist personal injury solicitor just complete the contact form and a member of the Law Society panel of personal injury experts will speak to you on the telephone with no obligation.
In the case of CICA claims terms will vary and in the case of MIB claims terms may vary.