Scaffolding Accident Claims

A scaffolding accident doesn’t just knock you down—it can turn your whole life upside down. One moment you’re doing your job, the next you’re on the ground, injured, and unsure what comes next. At John O’Leary Solicitors LLP, we understand how quickly things can change—and how hard it is to find your footing again.

For more than 20 years, we’ve been helping people across Tallaght and Dublin who’ve been hurt at work, particularly in high-risk areas like scaffolding and construction. We know the pressures you face—tight deadlines, unpredictable conditions, and the expectation to just get on with it. But when safety is overlooked and someone gets hurt, you deserve more than silence. You deserve answers, support, and a clear way forward.

At John O’Leary Solicitors LLP, you’ll speak directly with someone who understands your case, your community, and the reality of what you’re going through. We take a personal, steady approach—getting to work so you can focus on getting better.

If you’re ready to talk, contact us today. We’ll listen, we’ll explain, and we’ll help you take the next step.

How Scaffolding Accidents Happen

Scaffolding accidents rarely come out of the blue. In most cases, the warning signs were there — overlooked, dismissed, or simply ignored. These incidents are preventable, and yet they continue to happen on building sites, renovation projects, and temporary structures across Dublin. At John O’Leary Solicitors LLP, we’ve seen firsthand how serious injuries arise not from freak mishaps but from entirely avoidable circumstances.

Structural and Equipment Failures

One of the most common root causes is poor scaffold construction. A single rusted clamp, a bent brace, or an uneven base can be all it takes. When scaffolding is built with substandard parts or assembled by untrained hands, the whole system is at risk. High winds, uneven ground, or heavy materials can then push it past its limit, causing a collapse.

Even in cases where the scaffolding is sound, it’s often not properly inspected. We’ve dealt with cases where weeks went by without a single structural check. This kind of neglect places workers at needless risk.

Falls from Unsafe Height

Falls from scaffolding remain one of the leading causes of serious workplace injury. These falls often stem from basic safety failures: guardrails that were never installed, harnesses that weren’t provided, or ladders that weren’t secured.

Walkways can be narrow, cluttered, or slippery. In some cases, workers are asked to climb with tools in hand or lift heavy materials without assistance. A moment’s loss of balance in such conditions can result in a life-altering injury.

Falling Objects and Poor Site Management

Scaffolding doesn’t just pose a risk to those working on it. People below — co-workers, subcontractors, or passers-by — can be seriously injured by falling tools or materials.

When sites lack tool tethers, safety netting, or secured storage, even a small spanner can become a dangerous projectile. We’ve supported clients injured not by the scaffold itself, but by what fell from it.

Human Factors

Tight deadlines and stretched crews often lead to shortcuts. Workers may be asked to dismantle platforms without proper support or move scaffolding sections while others are still on them. Inexperience, poor supervision, and a lack of clear safety protocols all contribute.

Some clients have told us they raised concerns — only to be dismissed. That matters. A culture that prioritises speed over safety is a breeding ground for accidents.

Who Is Responsible?

When a scaffolding accident happens, the question of who is at fault is rarely straightforward. In our experience supporting workers across Tallaght and Dublin, the cause is often shared between multiple parties—employers, contractors, suppliers, or site managers—each with a role in the failure that led to the accident. Understanding this web of responsibility is key to building a strong claim, and at John O’Leary Solicitors LLP, we make sure no thread is left unexplored.

Your Employer

Your employer has a legal obligation to keep your working environment safe. This includes:

  • Carrying out proper risk assessments for work at height
  • Providing appropriate PPE and fall protection
  • Ensuring scaffolding is assembled, maintained, and inspected regularly
  • Offering proper training and supervision

If your fall was linked to any of these being overlooked—whether the scaffold lacked guardrails, the access route was unstable, or no harnesses were provided—your employer may be found legally responsible under the Safety, Health and Welfare at Work Act 2005.

The Scaffolding Contractor or Supplier

If an outside company supplied or erected the scaffolding, their responsibility is also clear. They must ensure:

  • The scaffold was built to a safe standard
  • The right materials were used
  • Any defects were repaired or flagged before use

We often find that subcontracted scaffold firms aren’t properly monitored, or that shortcuts are taken to save time. In cases where components were rusted, poorly braced, or installed incorrectly, the contractor may be directly liable—or jointly liable with others.

Vicarious Liability and Your Co-Workers

Many clients worry they’ll be “blaming a colleague” for an accident. That’s not how the law works. If a co-worker’s mistake contributed—such as knocking a board loose or removing a brace prematurely—the claim is still made against the employer’s insurance, not the individual. This is called vicarious liability and it exists to protect workplace relationships while still holding the system accountable.

Site Managers or Owners

If the scaffolding accident occurred on a larger site—like a commercial build or apartment development—the main contractor or site owner may also be responsible. They are tasked with overseeing overall safety, including coordination between different contractors. If they failed to enforce proper site protocols, neglected inspections, or allowed conflicting activities to happen simultaneously, they may share fault.

Engineers, Architects or Manufacturers

In more complex cases, liability may reach further. If a structural engineer signed off on a faulty platform, or if a scaffolding component was defectively manufactured, those professionals or companies could also be held accountable. These claims are less common but crucial in serious or fatal accidents.

Responsibility isn’t always easy to prove but it can be proven. We gather site reports, witness accounts, photos, and inspection records to trace exactly what went wrong. Because accountability isn’t just about who was present—it’s about who had the power to prevent the accident and didn’t.

How These Injuries Change Lives

A fall from scaffolding isn’t something you simply “bounce back” from. For many of our clients, the injuries are only the start. What follows is a long, often overwhelming process of physical recovery, financial strain, and emotional readjustment. At John O’Leary Solicitors LLP, we’ve seen how a split second can change everything—and we’re here to ensure that every consequence of that fall is taken seriously.

Physical Injuries That Don’t Just Heal

The body takes the full impact in a scaffolding fall. Even when the height isn’t extreme, the landing can cause:

  • Fractures to wrists, legs, ankles, ribs, or hips
  • Dislocations and torn ligaments
  • Spinal compression or disc damage
  • Head injuries, including concussions or traumatic brain injury
  • Soft tissue injuries that limit mobility and cause lasting pain

Many clients require hospitalisation, surgery, or a lengthy period of physiotherapy. And even with the best medical care, some injuries never fully heal—affecting how you walk, lift, sleep, or carry out basic daily tasks.

The Emotional Toll

The emotional side of scaffolding accidents is often underestimated. We regularly speak to clients who:

  • Feel anxious about returning to the site, especially if the fall occurred during routine work
  • Suffer flashbacks, disturbed sleep, or panic around heights
  • Experience a loss of confidence, independence, or identity—especially in physically demanding trades
  • Struggle to explain their fears to family or co-workers, leading to isolation

In some cases, these symptoms develop into diagnosed post-traumatic stress, depression, or anxiety disorders. That’s not weakness—that’s trauma. And we make sure it’s accounted for.

Financial Consequences That Go Beyond Missed Wages

An injury doesn’t just impact your health—it affects your home life, your income, and your future. Depending on the severity of the accident, you might face:

  • Immediate loss of income from time off work
  • Ongoing loss of earnings if you can’t return to the same job
  • Medical bills, physio, prescriptions, and travel expenses
  • The cost of support from family members or carers
  • The need to retrain or take on less physically demanding (and lower-paying) work

Even for those entitled to social welfare or sick pay, there’s often a financial gap. Mortgage repayments, childcare, and utility bills don’t pause just because you’re injured.

The Impact at Home

Many clients tell us that their injury has strained family relationships. They can’t pick up their child, can’t manage stairs easily, or feel like a burden to their partner. This emotional weight can be as heavy as the physical injury—and it’s just as important to acknowledge.

At John O’Leary Solicitors LLP, we look at the whole picture—not just broken bones or pay slips. Every detail matters. Because when you make a claim, it’s not just for what happened on the day—it’s for everything that’s happened since.

What to Do After a Scaffolding Accident: Steps That Protect You Later

In the immediate aftermath of a scaffolding accident, it’s normal to feel shaken, disoriented, or unsure about what to do next. Some people are taken straight to hospital. Others try to “walk it off” and carry on. But even if you’re not ready to think about a legal claim, there are practical steps you can take that will protect your health and your position—now and later.

1. Get Medical Attention Even If You Feel Alright

Some injuries don’t show their full impact for hours or days. That includes internal bruising, head trauma, or back and neck injuries. It’s essential to see your GP or attend A&E, even for what seems like a minor fall. Your medical records may later become key evidence—not just for a claim, but for getting the right support at work and from insurers.

2. Make Sure the Accident Is Officially Reported

Under Irish law, your employer must keep an accident log. If you’re well enough, ask that the incident is recorded in writing. Don’t rely on a verbal conversation. If the injury required a hospital visit or time off work, your employer may also have a duty to report it to the Health and Safety Authority (HSA). Make a note of who you spoke to and when.

3. Take Photos and Record the Scene

If possible, take photos of:

  • The scaffolding structure, especially any broken or unsecured parts
  • The surrounding area (e.g. access points, weather conditions, surface hazards)
  • Any missing safety features (guardrails, signage, PPE)

If you can’t do this yourself, ask a colleague or family member to help.

4. Get Witness Names and Contact Details

Even if they didn’t see the fall itself, anyone who was on-site may be able to describe the condition of the scaffolding, or confirm that no inspection was done that day. Don’t worry if they’re from another company—you’re not asking them to take sides, just to help clarify what happened.

5. Keep a Personal Record

Jot down everything you remember—how the day unfolded, what you were doing when the fall happened, who was around, and what was said. Over time, memories fade or shift. A handwritten record from the same week can carry a lot of weight later.

You don’t need to decide on making a claim right away. But by protecting the details early, you give yourself the best possible foundation—should you ever decide to act.

Frequently Asked Questions

Do I need to fall from a height to make a scaffolding accident claim?

No. You can also claim if you were struck by something that fell from scaffolding or injured while erecting, dismantling, or working near it. If the structure was unsafe and caused your injury, you may be entitled to compensation.

Can I still claim if I was partially at fault?

Yes. Irish law allows for contributory negligence. Even if you made a mistake or weren’t wearing PPE, your claim may still succeed—though your compensation could be reduced. It’s always best to speak to a solicitor before assuming you’re to blame.

Is it worth claiming if my injuries seem minor?

Absolutely. What may feel minor now—like a back strain or shoulder injury—could worsen over time. Many clients only realise the full impact weeks later. A claim protects your position in case recovery takes longer than expected.

What if I didn’t report the accident on the same day?

It’s still possible to make a claim. While immediate reporting helps, late reports are common, especially when workers are in shock. We can help you gather other supporting evidence to confirm the timeline and circumstances.

Who pays the compensation in a scaffolding accident claim?

The claim is usually made against an employer’s or contractor’s insurance policy—not against individuals. This means your employer won’t be personally out of pocket, and your colleagues aren’t being blamed.

Can I still claim if I’ve returned to work?

Yes. Returning to work doesn’t affect your right to claim, especially if you lost wages, paid for treatment, or still experience pain. Many clients return to lighter duties or reduced hours and still receive compensation.

I didn’t get a photo of the scaffold—can I still claim?

Yes. While photos help, they aren’t essential. Witness statements, inspection logs, medical reports, and your own written account can all help build a strong case. We’ll guide you on what matters most.

How long do I have to make a claim?

In most cases, you have two years from the date of the accident. However, the sooner you seek advice, the better—evidence is fresher and timelines are easier to prove.

Will I need to go to court?

Not necessarily. Many scaffolding accident claims are resolved through negotiation or the Injuries Resolution Board. If court becomes necessary, we’ll guide you through every step.

Speak to a Solicitor Who Understands

If you’ve been injured in a scaffolding accident, we’re here to help you take the next step with clarity and confidence. Contact John O’Leary Solicitors LLP today for straight-talking, local advice from a solicitor who understands your trade, your site, and your situation.