Whether you are using or erecting scaffolding, there are obvious dangers which need to be addressed by employers. If you have been injured as a consequence of negligence by your employer, then you may well have a claim for compensation.
Erecting or working on scaffolding is a dangerous activity when not done properly. If you have been injured as a consequence of negligence by your employer, then you may well have a claim for compensation.
Seeing the dangers associated with scaffolding as “part of the job” is wrong both legally and morally. Thankfully, help is at hand when pursuing your claim.
There are numerous regulations regarding health and safety in the workplace, even in situations which have a recognised degree of danger.
Just because there is an inherent danger in your particular area of employment does not remove the legal obligation of your employer to maintain your safety and well-being.
We will now take a look at some of the more frequently asked questions with regards to scaffolding injuries.
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This act relates to health and safety in the workplace and the legal obligation placed upon all employers with regard to their employees. All employers have a duty of care to their employees, and if this duty is not fulfilled, then they may be open to claims of negligence.
When you bear in mind that scaffolding can often be very high, it is no surprise to learn that some of these injuries can be extremely serious.
The most common injuries include:-
Even though scaffolding experts make it look very easy when erecting these structures, this is a highly skilled area of employment.
If your employer is refusing to provide safety equipment, then it could be argued they are not fulfilling their duty of care to employees. Those who continue to work in such conditions are being put at risk, and those who refuse may be under significant mental pressure. Either way, there is an argument to suggest that your employer has been negligent.
One of the legal obligations under the various health and safety acts is to match the experience of an individual with the demands/dangers of a particular role.
Forcing an employee into an environment in which they have limited/no experience is dangerous, especially so when it comes to erecting, dismantling and the use of scaffolding.
Training is also an integral part of the duty of care all employers have towards their employees. Many would certainly class a lack of training, especially in this particular scenario, as a form of negligence.
Assuming that training is provided in the correct manner, you should have a record, supplied by your employer, of all training undertaken. This can sometimes be used as evidence to demonstrate a lack of training where you have been involved in an accident and received an injury.
In order to pursue a compensation claim, you must first be able to prove negligence on behalf of your employer. While the evidence available/required will vary from case to case, some of the more common types of evidence include:-
As you can see, while this list is not exclusive, it does give you an idea of the type of evidence you can use to pursue a negligence/compensation claim. The idea that “aches and pains” and injuries are just part of your employment is wrong.
Once you have gathered as much evidence as possible, it is advisable to approach a claims management company to review your case. They will give you an independent assessment of your chances of success and may offer general guidance and assistance. If they believe you have a minimum 60% chance of success, they may well offer to take on your claim.
In the event that your evidence suggests a minimum 60% chance of success, a claims management company will likely offer a “no win no fee” arrangement. This means that as the claimant, you will not be liable to your claims management company expenses in pursuing your case.
They will, however, look to negotiate a “success fee” which will be payable upon successful prosecution.
A success fee is basically a share of any compensation award. This helps to balance the risk/reward ratio your claims management company has taken on by removing your liability to pay their fees.
The figure tends to be around about 25% of any compensation award but can vary depending upon the complexity and duration of the case. Whatever the arrangement, this will be agreed before the claims management company begin work on your case.
Where negligence has been proven and accepted the likelihood is that an out-of-court settlement will be negotiated. The vast majority of compensation claims do not make it to the courtroom; they are either settled out of court or withdrawn where there is little chance of success.
There will be occasions where the defendant may dispute negligence, and you may be asked to give evidence in court. However, your claims management adviser will be there to assist and guide you and remember you are not on trial!
There are two specific types of compensation when it comes to a personal injury claim. They are known as general damages and special damages. General damages relate to financial compensation for your pain and suffering as a consequence of the accident.
Special damages are recompense for costs incurred to date, future expenses (medical expenses, etc.) as well as other issues such as loss of earnings.
While those building and taking down scaffolding structures may be faced with relatively unique dangers, this does not negate the legal requirement for your employer to ensure your health and well-being.
If you believe your employer has been negligent in any way, shape or form, then you can pursue compensation. The inherent risk associated with this particular type of work is not “just part of the job”.
Here at Money Savings Advice, we have partnered with some of the UK’s leading Personal Injury Claims management companies. They have already helped thousands of people claim compensation for injuries they have incurred, and they can do the same for you.
Choosing an independent claims management company means they won’t proceed with a claim unless they are sure it is in your best interests. They are also regulated by the FCA, which gives you an additional layer of protection.
If you would like to speak to one of these claim management companies who can help you make a compensation claim, then click on the below and answer the very simple questions.
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