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Scaffolding safety – what are my rights?

5 minute read

Workers' compensation

Scaffolding is an essential part of the construction industry. It provides a stable work platform for working at varying heights. 

While necessary, it’s important that workers are informed about the safe use of scaffolds. Working on scaffolding comes with risk. Read on to find out more about scaffolding hazards, scaffolding safety, common scaffolding injuries and what to do if you’re injured while working on scaffolding. 

What is a scaffold? 

A scaffold is a temporary structure used during construction, maintenance or repair of a building or other structure. It provides a safe and stable work platform for workers and their tools and materials. 

Scaffolding includes the components used to build a scaffold, such as tubes, frames and couplers. 

What are some common scaffolding hazards? 

Some of the most common scaffolding risks when working on scaffolding include: 

  • Falling from a considerable height 

  • Tripping on an object on the scaffolding platform, and falling 

  • Removal of the scaffold platform from an area 

  • The scaffold collapsing 

  • Working near power lines 

  • Objects falling off scaffolds (and hitting people below) 

Common scaffolding injuries & statistics 

According to Safe Work Australia, the construction industry is in the top five industries for worker fatalities and accounts for 12.2% of serious injury workers' compensation claims. Of these serious claims, 23% are due to falls, trips and slips and a further 17% are caused by workers being hit by moving objects (including falling objects).

Falls or being hit by falling objects can result in the following serious injuries:  

Who is responsible for scaffolding safety?

In short, both you and your employer are responsible for scaffolding safety. Workplace health and safety laws in each Australian state and territory detail the responsibilities to reduce risks and maintain job site safety. 

Your employer’s responsibilities for scaffolding safety 

Broadly speaking, your employer’s responsibilities regarding scaffolding safety include: 

  • As far as is reasonably practicable, identify, eliminate or reduce scaffolding hazards (relating to the scaffold structure and working on scaffolding) 

  • Maintain and inspect scaffolding to ensure the safe use of scaffold 

  • Obtain a licence (and adhere to licence requirements) where work on scaffolding involves a fall risk of over 4 metres 

  • Prepare a safe work method statement when working on scaffolding  

Your responsibilities when working on scaffolding

Broadly speaking, your responsibilities when working on scaffolding include:  

  • Take reasonable care of your own workplace health and safety, and of others in your workplace 

  • Make sure your own acts and omissions don’t negatively impact yourself or others 

  • Comply with your employer’s instructions and policies regarding scaffolding safety 

Scaffolding safety tips 

SafeWork Australia has several resources about scaffolding safety, including working on scaffolding near overhead powerlines. 

Based on our experience with construction injury claims, our recommendations for employees and employers to reduce scaffolding hazards and promote scaffolding safety include: 

  • Develop appropriate policies and adhere to them: Establish guidelines for the proper erection, use, alteration and dismantling of scaffolding, including appropriate inspections and safety certifications 

  • Provide safety equipment and fall protection: Employers must ensure that there is sufficient scaffolding safety equipment available to everyone working on scaffolding and that those employees understand how to correctly use and maintain personal fall-arrest equipment 

  • Ongoing training for all employees who work on scaffolding: Training on the specific scaffolding system and its proper use, as well as safety measures and the fall protection installed on the scaffolding 

Can I claim injury compensation for a scaffolding accident? 

If you or a loved one has been injured after a fall from scaffolding, on, or by an object falling from scaffolding, you may be eligible to make a workers' compensation claim for: 

  • Medical and hospital expenses 

  • Loss of wages 

  • Permanent impairment compensation 

  • Rehabilitation expenses 

What you are eligible to claim depends on the circumstances of your injury and its impact on your life. 

It’s important to seek legal advice from experienced workers’ compensation lawyers to understand your full rights and entitlements. Time limits apply for making a workers’ compensation claim, so contact Shine Lawyers as soon as you can after being injured. 

Injured on the job? Shine Lawyers can help 

If you’ve suffered a workplace scaffolding injury, our workers' compensation lawyers can help you to understand your legal rights and access the compensation you deserve on a No Win, No Fee* basis. 

In an obligation-free meeting, we can provide legal advice relevant to your injury circumstances wherever you’re most comfortable - at home, in one of our local offices, or over a video or telephone call. 

To get started, use our free online claim checker below, or speak to one of our experts over the phone for a no-obligation chat.

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