How to make a scaffolding accident claim in Ireland
1. Seek legal advice
Early legal advice is important to ensure that evidence is preserved and liability is assessed at the outset.
Coleman Legal’s solicitors can advise on the circumstances of your accident and whether you have grounds for a claim before any formal step is taken.
2. Submit an application to the Injuries Resolution Board (IRB)
Most personal injury claims arising from workplace and construction site accidents in Ireland, including scaffolding accident claims, must be submitted to the Injuries Resolution Board (IRB) before court proceedings can be commenced.
The IRB will notify the respondent and invite consent to the assessment process.
3. Gather supporting evidence
Your solicitor will assist in gathering the evidence required, including medical reports, accident reports, site inspection records, CCTV footage where available, witness statements, and, in more serious cases, an independent health and safety expert report on the standard of the scaffolding.
4. Assessment and resolution
If both parties accept the IRB assessment, the matter may be resolved without court proceedings.
If either party rejects the assessment, or if the respondent refuses consent, the IRB will issue an Authorisation allowing proceedings to be brought before the courts.
The time required will depend on the complexity of the claim and the extent to which liability is contested.
Duty of an employer
In Ireland, liability for a scaffolding accident can depend on several factors, including the circumstances of the accident and the parties involved.
Liability may be attributed to one or more of the following
1. Employer
The employer has a duty of care to provide a safe working environment for their employees. If the scaffolding accident results from the employer’s negligence in providing proper training, equipment, or maintenance, the employer may be liable.
2. Contractor
If a scaffolding accident occurs at a construction site involving multiple contractors, the contractor responsible for erecting or maintaining the scaffolding may be held liable if their negligence contributed to the accident.
3. Scaffolding company
The company responsible for supplying or renting the scaffolding equipment may bear some liability if the accident resulted from a defect in the equipment or if they failed to provide adequate instructions or warnings.
4. Site owner
The owner or occupier of the premises where the scaffolding is erected may have a duty of care to ensure the safety of those working on or around the scaffolding. If they fail to fulfil this duty, they could be liable for the accident.
5. Other third parties
Depending on the circumstances, other parties, such as architects, engineers, or manufacturers of scaffolding components, may also be held liable if their negligence contributed to the accident.
Common scaffolding injuries
Common scaffolding injuries in Ireland can vary in severity but may include the following:
- Falls from height: Scaffolding falls are among the most common and severe injuries. Workers may fall from an elevated platform due to inadequate safety measures, a lack of fall protection equipment, or unstable scaffolding.
- Struck by falling objects: Workers on or near scaffolding may be at risk of being struck by tools, equipment, or materials that fall from above. This can cause head injuries, fractures, or other significant injuries.
- Scaffold collapses: If the scaffolding is improperly assembled, poorly maintained, or overloaded, it can collapse, causing severe injuries to workers on or near it.
- Trips and slips: Uneven surfaces, debris, or slippery conditions on the scaffolding platform can cause workers to trip, slip, and fall, resulting in injuries such as sprains, strains, or fractures.
- Musculoskeletal injuries: Workers involved in manual handling tasks on scaffolding may sustain strains, sprains, or repetitive strain injuries due to improper lifting techniques, overexertion, or poor ergonomics.
- Electric shock: Scaffolding accidents involving contact with electrical wires or equipment can lead to electric shocks and burns, which can be severe or even fatal.
- Scaffold-related collapse of structures: In some cases, scaffolding collapse can cause adjacent structures or parts of buildings to collapse, leading to severe injuries to workers and others nearby.
To prevent scaffolding injuries, it is crucial to adhere to safety regulations, provide proper training to workers, conduct regular inspections, and maintain the scaffolding in good condition.
Primary causes
Here are some primary causes for scaffolding accident claims in Ireland:
- Inadequate training: Insufficient training for workers on safely assembling, using, and dismantling scaffolding can contribute to accidents. Workers should receive comprehensive training on scaffold erection, inspection, and fall protection measures.
- Poor scaffold design or construction: Improper design or construction can lead to instability or collapse. Faulty design, inadequate bracing, or faulty components can increase the risk of accidents.
- Lack of proper maintenance: Regular inspection and maintenance of scaffolding are essential for identifying and addressing potential hazards. Failure to adequately maintain the scaffolding can result in weakened components, structural instability, or other safety risks.
- Improper assembly or dismantling: Incorrect procedures can compromise the scaffolding’s stability. Errors in connecting components, failure to secure joints, or improper dismantling techniques can lead to accidents.
- Insufficient fall protection: Falls from scaffolding are a significant risk. Inadequate provision of guardrails, toe boards, or personal fall arrest systems can increase the likelihood of falls and severe injuries.
- Lack of communication and coordination: Communication breakdowns between workers, supervisors, and contractors can lead to confusion and errors during scaffolding operations. Clear communication and coordination are crucial to ensure safe practices are followed.
- Adverse weather conditions: Unfavourable conditions, such as high winds or heavy rain, can compromise scaffolding stability. Failing to take appropriate precautions or secure the scaffolding during adverse weather can result in accidents.
- Negligence in supervision: Inadequate supervision and oversight of scaffolding activities can contribute to accidents. Proper maintenance ensures compliance with safety regulations, identifies hazards, and intervenes when necessary to prevent accidents.
- Improper use of scaffolding: Using scaffolding for purposes not designed or intended for, such as overloading or using it as a work surface unsuited for the task, can lead to accidents and injuries.
- Lack of risk assessment: Failing to conduct a thorough risk assessment before erecting scaffolding can result in overlooking potential hazards and implementing appropriate control measures.
These are some of the main causes of scaffolding accident claims in Ireland.
However, each case may have unique factors, and it’s essential to consult with a solicitor and scaffolding safety experts to fully understand the specific causes and liability in a particular situation.
Statute of Limitations
You have two years from the date of the accident within which to issue proceedings for a scaffolding accident claim.
If you are under 18, a separate set of rules applies, and we recommend that you contact our solicitors to discuss them.
To learn more about the statute of limitations for a scaffolding accident claim, click here.
Scaffolding risk assessment
The Safety, Health & Welfare at Work Act 2005 in Ireland places a legal obligation on employers and those in control of workplaces to conduct risk assessments to identify and address hazards, including scaffolding-related ones.
Here are some general steps involved in a scaffolding risk assessment:
- Identify hazards: Begin by identifying potential hazards associated with scaffolding activities. This may include considering factors such as the site layout, ground conditions, overhead obstructions, nearby utilities, and environmental conditions.
- Assess risks: Evaluate the likelihood and severity of the identified hazards. Consider the potential consequences of each hazard and the exposure of workers or other individuals to those risks.
- Determine control measures: Identify and implement appropriate control measures to eliminate or minimise the risks associated with scaffolding. Control measures may include engineering controls, administrative controls, and personal protective equipment (PPE). Examples may include providing fall protection systems, using stable, well-maintained scaffolding, implementing guardrails and toe boards, and ensuring proper training and supervision for workers.
- Document and communicate: Document the risk assessment findings, including identified hazards, risk levels, and control measures. Communicate the information effectively to all relevant parties, including workers, supervisors, and contractors involved in scaffolding activities.
- Review and update: Regularly review and update the risk assessment as needed. This should be done when there are changes to scaffolding activities and work processes, or when new hazards emerge. Keeping the risk assessment current and relevant is essential to ensure ongoing safety.
Frequently Asked Questions
Q: Who can be held liable for a scaffolding accident on a construction site in Ireland?
A: In Ireland, liability for a scaffolding accident may rest with more than one party.
The employer has a statutory duty to provide a safe working environment under the Safety, Health and Welfare at Work Act 2005.
The principal contractor on a construction site has duties under the Safety, Health and Welfare at Work (Construction) Regulations 2013 (SI 291/2013).
The scaffolding company may be liable if the accident resulted from a defect in the supplied equipment. The site owner or occupier may also have a duty of care under the Occupiers Liability Act 1995.
In many scaffolding accident claims, more than one party is identified as a respondent, and Coleman Legal’s solicitors can advise on the appropriate parties to name in any claim.
Q: What legislation specifically governs scaffolding safety on construction sites in Ireland?
A: In Ireland, scaffolding safety on construction sites is governed primarily by the Safety, Health and Welfare at Work (Construction) Regulations 2013 (SI 291/2013), which impose specific duties on project supervisors, principal contractors, and contractors in relation to the safe design, erection, use, and dismantling of scaffolding.
The general duty of care imposed on all employers is set out in Section 8 of the Safety, Health and Welfare at Work Act 2005.
The Health and Safety Authority (HSA) publishes guidance on safe scaffolding practice in Ireland, and its standards inform what is required of a competent contractor.
Q: Can I bring a scaffolding accident claim if I was a subcontractor rather than a direct employee?
A: In Ireland, a scaffolding accident claim is not limited to direct employees.
Subcontractors, self-employed workers, and other tradespeople working on or around scaffolding may have grounds for a claim where their injury was caused by the negligence or breach of statutory duty of a principal contractor, site owner, or scaffolding company.
The Safety, Health and Welfare at Work (Construction) Regulations 2013 impose duties on principal contractors in relation to all persons on site, not only their own employees.
Coleman Legal’s solicitors can advise on the specific basis of a claim in the circumstances of your accident.
Q: Is a scaffolding accident claim subject to the Injuries Resolution Board (IRB) process?
A: In Ireland, most personal injury claims arising from scaffolding accidents, including workplace accidents and construction site accidents, must be submitted to the Injuries Board (IRB) before court proceedings can be commenced.
This is a statutory requirement under the Personal Injuries Resolution Board Act 2003, as amended.
Certain categories of claims, including some cases of entirely psychological injury and specific exempt categories, may not require IRB assessment.
Coleman Legal’s solicitors can advise on whether your claim must go through the IRB process or whether an exemption applies.
Q: What evidence does a scaffolding accident solicitor typically gather to support a claim?
A: In Ireland, the evidence gathered to support a scaffolding accident claim typically includes:
- Medical records and reports from treating practitioners;
- The workplace or site accident report,
- Which employers and principal contractors are required to maintain under the Safety, Health and Welfare at Work Act 2005;
- Site inspection and scaffolding erection records;
- CCTV footage where available and preserved;
- Witness statements; and,
- In more serious cases, an independent health and safety expert report assessing the standard of the scaffolding and the safety measures in place at the time of the accident.
