Who is liable for scaffolding?

If you work in the construction industry, you’ll be aware of the need to have proper insurance. This is especially true when working with scaffolding, which can be dangerous. But who is liable for scaffolding, from an insurance perspective?

I am a scaffolder. Am I liable for my scaffolding?

If you are a scaffolder, you are liable for making sure your scaffolding is safe for everyone concerned, including your employees and anyone or anything that may be near the scaffolding.

Is it always my responsibility if something goes wrong?

If something happens with the scaffolding and someone gets hurt or property is damaged, the injured party may make a claim for compensation or damages.

It may not always be your fault, but the first thing the injured party will need to do is to establish what happened and who was responsible for it. As the scaffolder, you will be one of the first people in line.

Sometimes the incident may be caused by something beyond your control. But for things like items falling off scaffolding, scaffold collapse, or damage due to poor installation, you could be responsible.

Do I need insurance for my scaffolding?

If you are running a scaffolding business, you should have insurance in place. You should consider including public liability insurance, which protects against third-party claims for injury or damage. If someone is injured and they sue, your insurance will cover you.

You should also have employers’ liability insurance if you employ anyone. This protects you if a current or former employee sues you for an injury sustained as a result of working for you.

It is a legal requirement to have employers’ liability insurance if you have any employees or trainees. You may also need it for some sub-contractors you work with.

Finally, you should consider having professional indemnity insurance. This safeguards you against claims resulting from professional advice you give about scaffolding which turns out to be wrong and causes financial loss.

I am a builder and there is scaffolding on my site. Am I liable?

As a builder or property developer you must ensure your sites are safe for anyone who may be affected by the work, including members of the public.

You should also check your own insurance policies, so you know exactly what is covered and whether you need additional cover for anyone or anything on site, including sub-contractors.

One of the first things you should do when engaging a scaffolder is to check they have their own insurance. This is a good indication that they take their responsibilities seriously. We recommend you only work with scaffolders who are properly insured.