If you have been injured in a scaffolding accident in the UK — whether you fell from scaffolding, were struck by a collapsing structure or hit by debris — you can usually claim compensation. Employers, principal contractors and scaffolding contractors owe strict duties under the Work at Height Regulations 2005, the Construction (Design and Management) Regulations (CDM) 2015 and the Health and Safety at Work etc. Act 1974. The time limit is normally three years.
Falls from height remain the single largest cause of fatal injuries in the UK construction industry. Scaffolding provides essential access but, when poorly erected, inadequately inspected or improperly loaded, it becomes a deadly hazard. This guide explains who is responsible, what your compensation could cover and how to build a strong claim. We are an independent information resource, not a law firm.
Key regulations
Scaffolding safety is governed by multiple overlapping regulations. A breach of any of these can establish or support liability in a civil claim:
| Regulation | Key duty |
|---|---|
| Work at Height Regulations 2005 | Avoid work at height where possible; where unavoidable, prevent falls using guardrails, toe-boards and proper access; inspect scaffolds before use and after adverse weather |
| CDM 2015 | Principal contractor must manage site safety; designer must consider buildability; client must ensure welfare and competent appointments |
| HSWA 1974, s.2 & s.3 | General duty to employees and non-employees affected by the undertaking |
| MHSWR 1999 | Risk assessment and safe systems of work |
| NASC TG20 & SG4 | Industry guidance on scaffold design, erection and use (compliance strongly expected by courts) |
| BS EN 12811 | European standard for temporary works structures |
Common scaffolding accidents
- Falls from scaffold platforms — missing or inadequate guardrails, gaps between boards, wet or icy platforms without grit.
- Scaffold collapse — inadequate ties to the building, overloading, poor foundations, or alteration by untrained workers.
- Falling objects — tools, materials or debris falling from scaffold onto workers or the public below; absence of toe-boards, brick guards or fans.
- Access accidents — falls on scaffold ladders, missing ladder ties, or climbing the scaffold frame instead of using proper access.
- Erection and dismantling — accidents during the build or strike of the scaffold itself, often due to time pressure and inadequate supervision.
Who is liable?
Under CDM 2015, multiple duty-holders may share responsibility:
- The scaffolding contractor — responsible for erecting a structurally sound scaffold to the design and inspecting it.
- The principal contractor — responsible for overall site safety, coordinating contractors and ensuring scaffolds are inspected before use.
- Your employer — responsible for ensuring you are trained, equipped and supervised for the work you carry out.
- The client (CDM client duties) — must ensure competent appointments and adequate welfare.
Claims may name more than one defendant. Each party’s insurer is responsible for their share of liability.
Compensation for scaffolding injuries
Scaffolding injuries are often severe because of the height involved. Compensation comprises general damages (Judicial College Guidelines, 17th edition, 2024) and special damages.
| Injury | JCG chapter | Severity range |
|---|---|---|
| Spinal injury (paraplegia/tetraplegia) | Chapter 7(A)(a) | Over 300,000 for the most severe cases |
| Moderate back injury | Chapter 7(A)(b)–(c) | Mid-tens of thousands |
| Severe head injury | Chapter 3(A)(a)–(b) | Over 250,000 for very severe brain damage |
| Multiple fractures | Various Chapter 7 | Tens of thousands, cumulative |
| Amputation | Chapter 7(H)–(J) | Mid-tens of thousands to over 300,000 |
| Psychological injury (PTSD) | Chapter 4(A) | Up to approximately 6,540 (less severe) to 56,180–122,850 (severe) |
Special damages frequently include substantial loss of future earnings (construction workers who can no longer work at height), rehabilitation, prosthetics, home adaptations and care. Fatal scaffolding accidents give rise to fatal accident claims.
Evidence for a scaffolding claim
- Scaff-tag / inspection records — scaffolds must be inspected before first use, after any alteration and after weather that could affect stability. Inspection reports (Form GA3 or equivalent) are key evidence.
- RIDDOR report — check the accident has been reported to the HSE.
- Site photographs — the scaffold, missing guardrails, gaps, loading and the point of fall or collapse.
- Accident book entry — record and request a copy immediately.
- HSE investigation report — if the HSE investigates, their findings can powerfully support your claim.
- Witness statements — colleagues on site.
- Medical records — from A&E, hospital admissions, surgery, rehabilitation.
Time limits
You have three years from the accident under the Limitation Act 1980 (England and Wales), with equivalent periods in Scotland and Northern Ireland. For fatal accidents, the time limit runs from the date of death. Children’s claims: time starts at age 18. If your employer has become insolvent, trace their insurer through ELTO. See our time limits guide.
Public injured by scaffolding
You do not need to be a worker to claim. If scaffolding or debris falls onto a pavement, road or neighbouring property, the injured person can claim under the Occupiers’ Liability Acts 1957/1984 and general negligence. The construction contractor and occupier of the site owe duties to passers-by.
Frequently asked questions
Can I claim for a scaffolding accident at work?
Yes. If your employer, the principal contractor or the scaffolding contractor failed in their duties under the Work at Height Regulations 2005, CDM 2015 or general health and safety law, and that failure caused your injury, you can claim compensation.
Who is liable for a scaffolding accident?
Liability may fall on one or more parties: the scaffolding contractor who erected the structure, the principal contractor managing the site, your employer who sent you to work on it, or the client who commissioned the work. CDM 2015 imposes specific duties on each role.
What regulations cover scaffolding safety?
The Work at Height Regulations 2005 are the primary regulations. CDM 2015 governs construction site safety generally. NASC guidance (TG20 for tube and fitting scaffolds) is the industry standard. Scaffolds must also comply with BS EN 12811 for temporary works structures.
Can a member of the public claim if scaffolding falls on them?
Yes. Under the Occupiers’ Liability Acts 1957 and 1984 and general negligence law, anyone injured by a scaffolding collapse or falling debris can claim against the party responsible for the scaffold. Public liability insurance should cover these claims.
How much compensation for a scaffolding fall?
Compensation depends on injury severity. Falls from height often cause serious injuries including spinal damage, fractures, head injuries and fatalities. General damages are assessed using the Judicial College Guidelines. Special damages cover lost earnings, treatment and any long-term care needs.
What evidence do I need?
Key evidence includes the accident book entry, RIDDOR report, site photographs, scaffold inspection records (scaff-tags), witness statements, your medical records, and any HSE investigation report. Your solicitor may also instruct an independent scaffolding expert.
How long do I have to claim?
You generally have three years from the date of the accident to start proceedings under the Limitation Act 1980. Children’s three-year period starts at age 18. Fatal accident claims can be brought within three years of the death.
What if my employer has gone bust?
You can still claim against the employer’s liability insurer. The Employers’ Liability Tracing Office (ELTO) database can help trace the insurer. If the employer was uninsured, the Financial Services Compensation Scheme (FSCS) may step in.
Get help from official, free sources
- HSE (Health and Safety Executive) — report unsafe sites and check guidance
- Solicitors Regulation Authority (SRA) — check a solicitor is regulated
- The Law Society — Find a Solicitor — accredited PI specialists
- Citizens Advice — free, impartial guidance on your rights
Related guides: construction accident claims, ladder accident claims, accident at work claims, fatal accident claims, broken bone claims. Where you live affects your claim — see England, Scotland, Wales or Northern Ireland.