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Broken Scaffold Board Injury Claims

I wish to claim compensation with broken scaffold board injury claims, but my employer says I cannot claim as I should not have been on the scaffold as it was unsafe, is this correct?

Whether you are eligible to make broken scaffold board injury claims will depend upon who is liable for your accident and injury. Determining liability can be difficult, particularly when it is disputed. For this reason, you are advised to consult a personal injury solicitor at the earliest opportunity if you have been injured by broken scaffolding and you wish to determine liability.

Liability for broken scaffold injury will depend upon who was responsible for your accident and injury. This could be your employer if it is determined that they have failed in providing you with a safe environment in which to work. Your employer is responsible for ensuring that the necessary safety measures are adhered to, and any lapse in these standards can make them liable for a compensation claim. This includes ensuring that scaffold boards are of a safe standard. According to the Work at Height Regulations 2005, scaffolding must be inspected “each time that exceptional circumstances which are liable to jeopardise the safety of the work equipment have occurred, to ensure that health and safety conditions are maintained and that any deterioration can be detected and remedied in good time”.

This means that broken scaffold board injury claims will be possible if it is determined that circumstances arose which threatened the safety of the scaffolding – for example, poor weather conditions – but an inspection was not carried out to determine the scaffolding was unsafe – or if the inspection which took place was inadequate. However there is still a possibility that contributory negligence may affect your entitlement to compensation for broken scaffold board injury. For instance – if you defied your employer’s warnings on using the scaffolding but you proceeded to use it anyway. If you failed to seek immediate medical attention for your injuries, choosing to continue to work instead, this may also be seen as contributory negligence and the amount of compensation to which you may be entitled can be reduced – perhaps significantly.

It appears as though your employer may challenge your claim to compensation. If contributory negligence is a factor, liability for your claim could become complicated. For this reason you are advised to consult a personal injury solicitor at the earliest opportunity if you wish to make broken scaffold board injury claims, in order to determine liability for your accident and whether your claim should be pursued.