Scaffolder forced into early retirement following injury

Scaffolder forced into early retirement following injury

A scaffolder has secured compensation after suffering serious injuries when an embankment collapsed at a construction site in Denbigh. The case highlights the importance of employers maintaining safe working conditions and the right of injured workers to claim damages when they fail to do so.

The claimant was working on the Cae Felin site in Denbigh on 30 June 2021 when an embankment allegedly constructed by the site operator collapsed beneath him. The claimant was standing on the shale bank clearing dismantled scaffolding materials when the ground gave way, causing his left foot, ankle and leg to be forced under nearby scaffolding.

He sustained multiple fractures, including:

  • A fracture dislocation of the talonavicular joint
  • A cuboid fracture at the calcaneocuboid joint
  • A comminuted fracture of the lateral malleolus
  • A minor head injury

He underwent surgery the following day and was unable to bear weight until August 2021.

How Was Liability Established in This Workplace Accident?

An open email from Aviva Insurance confirmed the insurer accepted liability on behalf of Castle Green Homes for the incident. Garratts Solicitors relied on this admission and pursued damages for injuries, losses and long-term impact.

What Were the Long-Term Consequences of the Construction Site Injury?

Medical reports indicated that the claimant faced significant degenerative changes in his foot and ankle, with a 50–70% risk of arthritis developing in key joints within ten years of the accident. By 2024, he was experiencing constant pain, swelling, disturbed sleep and could walk only around 50 yards before the discomfort became severe.

Further fusion surgery was anticipated.

His symptoms worsened to the point he could no longer continue his scaffolding work, and his employment was terminated in December 2022. He was unemployed until his retirement at age 66 the following year.

Can You Claim for Psychological Injuries After a Workplace Accident?

In addition to physical injuries, the claimant developed an Adjustment Disorder, for which he received Cognitive Behavioural Therapy. Psychological injuries are recoverable alongside physical injuries in accidents at work claims where negligence is established.

Frequently Asked Questions

How long do construction accident claims take to settle?

Most workplace injury claims settle within 12-18 months. Complex cases involving ongoing medical treatment or disputed liability may take longer.

What compensation can I claim after a scaffolding accident?

You may claim for pain and suffering, loss of earnings, future care needs, medical expenses, and the impact on your quality of life.

Who is liable when a construction site is unsafe?

The site operator, main contractor, or your direct employer may be liable depending on who controlled the working conditions. Multiple parties can share responsibility for unsafe practices.

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