Scaffolding can be placed under several workplace health and safety regulations. Firstly it is work equipment which means that The Provision and Use of Work Equipment Regulations apply; secondly it often involves working at height and so The Work at Height Regulations are useful; and finally as a traffic route The Workplace (Health, Safety and Welfare) Regulations can apply too.
Why is this relevant? Because we only need to show that your employer is in breach of one relevant regulation to hold them at fault for an accident. So the more we can apply, the better chance we can have at winning a case.
An unstable board on scaffolding is often a clear breach of all three of the sets of regulations mentioned above. When you look at these laws in detail, scaffolding must be:
- Maintained and safe to use
- Suitable for use
- Stable (rather obvious, but stability as a phrase is referenced in the law)
When it comes to working at height in general, there are many important duties imposed on to your employer. They must ensure that no employee is at risk from injury due to:
- Fragile surfaces – such as an unstable scaffolding board
- Poor or no risk assessments for scaffolding which can lead to boards being erected unstable or becoming unstable
- Lack of inspection to identify potential problems with unstable boards
The general regulations about traffic routes also cite factors such as stability and evenness and it is ultimately clear to see from the above that the duty on your employer to ensure that you are not injured by unstable scaffolding boards is very high indeed. If you are injured because of an unstable scaffolding board at work then it is very likely that we can help you with a no win, no fee case.
You can make a scaffolding accident claim where:
- You have fallen through unstable scaffolding board
- An unstable board has shifted or tilted when stepped on causing you to fall or sustain a twisting injury
- You have been hit by a falling unstable scaffolding board
Who do you claim from?
In the majority of cases it is your employer’s insurance company but there are occasions when scaffolding may be under the care of a company external to your employer. So we can pursue other companies with such responsibility, but typically the best route is your employer’s insurers anyway.
Looking for free advice to see if you have a scaffolding accident claim to make? Then just call 0800 634 7575 and we will see if we can assist you.
