If this has happened to you, what are your rights when it comes to making a worker’s compensation claim?
We can look at several regulations here. The two main ones are The Workplace (Health, Safety and Welfare) Regulations and The Provision and Use of Work Equipment Regulations.
The first puts a duty on employers to ensure that any walkways and traffic routes are safe to navigate – i.e. there are no hazards or dangers that could cause a person slip, trip, or fall. Walkways should be even and stable. As such, you can apply these regulations because the scaffolding walkway is classed as a traffic route.
The second regulations in relation to equipment can also be used, and are perhaps more strict. These regulations impose a duty on an employer to ensure that any work equipment is safe and fit for purpose. Scaffolding is classed as work equipment which means that, if a platform were to be unstable or break, they can be in breach of these regulations as well.
All in all, you normally have a very good shot at winning a claim like this.
Who do I sue?
Under the regulations above, your employer can be liable. But if the scaffolding is outsourced to a separate company, which is a common occurrence, then you may need to sue them directly. Either way, it’s not a problem. You could also have another central company who is responsible for a building site in its entirety, and they may end up being liable.
Who you sue is not so much the concern though as long as you know that you have a good chance of being compensated; that’s the main thing. You can claim compensation for any pain and suffering caused, as well as any losses and expenses for things like time off work or medical expenses caused as a result of the injury and the claim.
Need help and advice? Call our free and friendly claims helpline on 0800 634 75 75 today.