Construction sites are hazardous workplaces, and scaffolding presents one of the most significant risks to worker safety. Every day, workers rely on these temporary structures to provide protection for working at height, but when scaffolding is not erected or maintained correctly, the consequences can be catastrophic.

Falls from height (one level to another) are responsible for 23% of serious workplace injuries (hospitalisations) in Australia (Safe Work Australia; PDF), many of which involve scaffolding failures. Additionally, many serious injuries occur when workers are struck by falling objects, such as tools or building materials that have slipped from an unsecure scaffold. These accidents frequently result in traumatic brain injuries, spinal cord damage, fractures, and even fatalities.

For injured workers and their families, the impact is often devastating. However, Victorian workplace laws make it clear that employers must provide a safe working environment, and workers injured due to negligence have legal rights to compensation. If you or a loved one has suffered a scaffolding-related injury, understanding your rights and how to pursue compensation is critical to securing your financial future and recovery.

Scaffolding Accidents Liability And Your Employer’s Obligations

Under WorkSafe Victoria regulations, strict guidelines govern the erection, maintenance, and dismantling of scaffolding. Employers must obtain a scaffolding licence for structures exceeding four metres in height and ensure that a Safe Work Method Statement (SWMS) is completed before any scaffolding work commences. These measures are designed to reduce workplace risks and hold employers accountable for safety compliance.

Employer Responsibilities Under WorkSafe Victoria

Employers have a legal duty of care to protect workers from scaffolding-related hazards. This includes:

• Scaffold Inspections & Maintenance – Regular safety checks and structural inspections must be conducted to ensure scaffolding remains stable and compliant.
• Fall Protection Measures – Employers must provide guardrails, harnesses, and other fall prevention systems where required.
• Load Limits – Scaffolding must be capable of safely supporting workers, tools, and materials, and overloading must be strictly avoided.
• Training & Supervision – Workers must receive adequate training on scaffolding safety procedures, including how to recognise and report hazards.

Worker Responsibilities

While the primary responsibility for scaffolding safety lies with the employer, workers also have obligations to maintain a safe worksite, including:

• Using Personal Protective Equipment (PPE) – Harnesses, helmets, and appropriate footwear must be worn when required.
• Following Worksite Protocols – Adhering to safety measures and immediately reporting hazardous scaffolding conditions.
• Avoiding Risky Practices – Climbing on guardrails, exceeding weight limits, or standing on unsecured planks increases the risk of severe injury.

When employers fail to meet these legal obligations, they can be held accountable for any injuries that occur as a result. Workers injured under such conditions may have a strong case for compensation.

How to Protect Your Rights After a Scaffolding Accident

If you have suffered an injury while working on scaffolding, the actions you take immediately after the incident can be essential to protecting your legal rights and securing fair compensation.

1. Seek Medical Attention Immediately

Even if your injuries seem minor, it is essential to seek medical care immediately. Many injuries, such as head trauma or spinal damage, worsen over time if left untreated.

2. Report the Incident to Your Employer

Your employer is required to document the accident in their official workplace incident register. This record can be vital evidence in your compensation claim.

3. Gather Evidence

If possible, collect the following evidence to support your case:

• Photographs of the scaffolding, any hazards, and your injuries.
• Witness statements from colleagues or bystanders.
• Medical records detailing your diagnosis and treatment.
• Any safety reports or previous complaints about the scaffolding.

4. Lodge a WorkCover Claim

In Victoria, injured workers are entitled to claim WorkCover benefits, which may include:

• Medical and hospital expenses
• Compensation for lost wages
• Rehabilitation costs and ongoing care

5. Consider a Common Law Claim for Employer Negligence

If your injury resulted from an employer’s failure to maintain scaffolding safety, you may be eligible to pursue a common law claim. This can provide compensation for:

• Pain and suffering
• Loss of future earnings
• Permanent impairment compensation

Common law claims require proof of employer negligence and can result in significantly higher compensation than WorkCover alone. However, strict time limits apply, so seeking legal advice as soon as possible is crucial.

Why Carbone Lawyers Wins More Injury Cases

If you have been injured on scaffolding, expert legal representation is essential to ensure you receive the compensation you deserve. Carbone Lawyers has decades of experience handling WorkCover claims and workplace injury compensation, successfully securing high-value compensation for construction workers across Victoria.

Why Choose Carbone Lawyers?

• Specialists in WorkCover claims and construction injury compensation
• Proven success in workplace accident claims
• Maximised settlements for injured workers
• No Win, No Fee meaning no financial risk to you

Whether you need help filing a WorkCover claim, challenging a rejection, or suing for employer negligence, Carbone Lawyers is here to fight for your rights.

Get the Compensation You Deserve

Scaffolding accidents often leave workers facing medical bills, lost wages, and life-changing impairments. But you do not have to navigate this process alone. Victorian workplace laws are designed to protect workers. If you have been injured due to unsafe scaffolding, you may be entitled to significant compensation through WorkCover or a common law negligence claim.

Time limits apply to WorkCover and negligence claims. Do not wait until it is too late. Call Carbone Lawyers today on 1800 369 888 for a free consultation.