£160,000.00 compensation following scaffolding accident  

Our client was working as a self-employed demolition worker. He was instructed by his employer to remove a partition wall. Our client assumed that both his employer and the main contractor had assessed that it was safe for him to carry out the work. In order to complete his task our client needed to use a scaffold tower. Unfortunately, whilst he was on the scaffold tower, the tower moved underneath him and toppled over. He fell from the tower and sustained a head injury and a traumatic dislocation of his right shoulder.

Who is responsible for safety on construction sites?

Quite often there will be arguments about what a construction contract said as to who was in overall control of the site. The Claimant only has to win against one company to be successful but for the insurers it is about trying to avoid paying or reducing what they have to pay out.

Construction works are governed by regulations known as the Construction, Design and Management (CDM) Regulations and they set out who is responsible. More often than not, one contractor, the main or principal contractor is the party who is in control of the site.

In this case, the employer’s and the main contractor’s investigations concluded that the flooring underneath the tower was a raised flooring and had given way underneath the tower, causing the wheels of the tower to fall through the flooring and into the void below. Further, the investigation revealed that neither Defendant was aware that the floor was fragile nor that it had become fragile because of the earlier removal of a structural wall, removed as part of the demolition. Neither Defendant’s risk assessment had identified this issue.

The Claimant’s work at height and the demolition work both raised foreseeable risks of harm. The Defendants owed the Claimant a duty of care in respect of such work on site.

Liability denied and offers of settlement

Proceedings were issued as both the Defendants denied responsibility. The Defendants maintained their denial of liability until the very last date when the witness statements were due to be exchanged. By this date we had obtained statements from 4 independent witnesses to support our client’s case.

Our client was off work for a while and unfortunately his injury meant that he could not return to his pre-accident job. He took a lighter job and was dependent on others for help. To aid his recovery our firm funded his treatment.

After the proceedings were issued, the Defendants initially started with a settlement offer of £50,000.00 which then increased to £100,000.00.

Our client wanted to accept this offer, but our advice was to reject and recover more. We explained to him the pros and cons of accepting this offer. He agreed to follow our professional advice. The Defendants increased their offer to £137,500.00, then to £150,000.00 and we finally agreed on a final settlement of £160,000.00.

We helped our client to make the best decision on the offers as they were made using our experience and expertise and to ensure that our client received the best possible compensation that he deserved.

This case was handled by our experienced Associate Solicitor, Sevim Savci-Renk and supervised by a Partner of the firm, Mr Ricky Baba.

Scaffold Compensation Claims

We act on a no win no fee basis to help work accident victims maximise the compensation to which they are entitled, making sure that their claims are handled professionally.

Seeking the expert advice of a specialist injury lawyer can be crucial in ensuring that your claim goes smoothly and that you get the support you need to recover from your injuries.

You can trust in the experience and knowledge of our team of professional injury lawyers to ensure that you receive the maximum amount of compensation that you are entitled to.

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