Law & Legal & Attorney Law & Legal & Attorney

Scaffolding Accidents

Copyright (c) 2011 Julie Glynn

Around 65% of the construction industry regularly relies upon the use of scaffolding, making it a vital and commonplace tool. But despite its routine use, scaffolding remains a dangerous piece of equipment if not erected, managed and operated correctly.

Scaffolding Regulations.

Working with scaffolding can be a dangerous task, and have sadly caused many serious and even fatal accidents. There has, however, been an attempt to improve scaffolding safety in recent years. In particular, the Work At Height Regulations 1995 is a vital piece of legislation which ensures employers conform to British scaffolding standards.

The regulations state that an employer must 'do everything that is reasonably practicable to prevent anyone from falling' from scaffolding. This is a legal obligation and entails certain duties and responsibilities. An employer must therefore ensure:-

* All work at height is properly planned and organised;

* All work at height takes into account weather conditions that could endanger health and safety;

* Those involved in work at height are trained and competent;

* The place where work at height carried out is safe;

* Equipment for work at height is appropriately inspected;

* The risks from fragile surfaces are properly controlled;

* The risks from falling objects are properly controlled.

Is Your Employer Responsible For Your Accident?

If an employer fails to meet these regulations, then they have committed a serious offence. What's more, there will have been a breach in duty of care, whereby all employers have a duty to protect the health, safety and welfare of staff while at work. If this negligent behaviour leads to an employee sustaining an injury, then an employer can be held directly responsible.

What Action Can You Take?

If you have suffered as a result of a scaffolding accident, and you believe your employer (or the scaffolding company) can be held accountable, you need to know what your options are. To find out, your first port of call should be a legal expert who specialises in this area of law.

After a brief consultation, a solicitor will be able to suggest what action you should take next. Depending upon the nature of the accident, they may advice that you are entitled to make a personal injury claim. This would mean that, if successful, you will be awarded compensation for the pain, suffering and loss of finances you have experienced because of your injuries.

While this will never make up for the damage caused to you and your loved ones, it is intended to recompense for the disruption to your life, and to put you back in the financial position you were in before the accident.

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