Construction Accident Claims

Construction Accident Claims

Read our 5 point guide to why construction injury claims happen and how our claims solicitors can help start your claim.

The construction industry is one of the most dangerous places to work in the UK. With the help of legislation, the industry has been becoming much safer in recent years. But, not all employers catch the new regulations and expectations. All employers have a statutory duty of care. In other words, they have a legal obligation to consider your welfare. They should not be careless with your health and safety.

Making a personal injury claim of an accident within the construction industry is easy. Call us on 0121 565 4317 or claim online to arrange your free, no-obligation consultation.

Common Construction Industry Compensation Claims

1. Lifting Injuries

Back, shoulder and hip injuries are common if you lift heavy objects without correct assistance or without training. For men, you should not lift anything above 25kg without assistance. While for women this is 16kg. These amounts stand on optimal lifting conditions, where you hold the weight close to the body and not too high. If the circumstances make the lift more difficult, these maximums must be adjusted. For the most difficult lifts, these maximums are 5kg for men and 3kg for women. In addition, one must be avoided or minimize repetitive lifts and twisting movements. If you suffer lifting injury at work, you may get compensation.

2. Falls From Height

Working at height is inherently dangerous. And it is your employer’s responsibility to take all reasonable steps to keep you safe. This includes putting up railings to prevent falls. Also, all employees should wear harnesses when working at height. The work should not require stretching or lean across gaps at height. Further, all staff should get training in the policies and procedures that keep them safe when working in this way. If you fall from a height at work, you can claim compensation as result of your injury. Many of us write off a fall as us ‘being clumsy’. But it is your employer’s job to make sure that ‘being clumsy’ doesn’t lead to your injury. Falls from a height can lead to lasting back, hip, or spinal injuries. As well as, it leads to nerve damage, broken bones, and concussions.

3. Poorly Maintained Or Faulty Equipment

This includes a wide range of problems and injuries. Poorly maintained equipment means that you need to use excessive force when using a screwdriver, causing you to receive a deep cut if your hand slips. More serious incidents involving poorly maintained industrial equipment are associated with missing or malfunctioning safety guards, leading to serious injuries including traumatic amputations or crush injuries to a hand or foot. You have the right to expect that your job is not dangerous by having to use faulty equipment. If you get an injury by using faulty equipment, you can claim for compensation for your injuries

4. Slips, Trips, And Falls

It is important that your workplace is kept as safe as possible, and one of the easiest and most effective ways to do this is to keep floors clear and things put away. If this is not routinely enforced by your employer and you fall over a trip hazard, you may be entitled to compensation for any injuries you have sustained. Common injuries from a slip or trip include bruises, sprains, strains, or even dislocations of the hip of the shoulder, but more serious injuries can include spinal problems or concussions.

5. Falling Objects

All objects at height should be secured such that they do not pose a hazard to anyone below. Additionally, if it is not possible to secure all objects at height (for example on a construction site), they should provide protective equipment. Falling objects are a common cause of work-related accidents on construction sites and you may be eligible for compensation if you have been injured in this way as even small objects can cause significant damage if they are falling from a height. Falling objects can cause back injuries, concussions, compression, contusions, fractured bones, and a whole host of other injuries.

How Do I Make A Construction Industry Injury Claim?

Making a construction industry personal injury claim follows the same steps as any other personal injury claim:

Contacting the Employer

  • We will write to your employer, notifying them that you are making a personal injury claim for your accident at work. In this letter, we will ask them to admit that they were at fault for your accident (this is called accepting liability), outline the basics of your case, and give them a deadline to respond to us.

Disputing Liability

  • If they accept liability for your accident, we would then switch to the next step. Sometimes they do not accept that they were at fault for your accident (this is known as disputing liability). In such a case we will gather evidence to support your claim. This can be easier if we have access to photographs, videos, or contact details of witnesses. If you were not in a position to arrange that, as most people are not, we will set about finding the evidence we need. This could be through witness statements, arranging for experts to go to the site of the accident. Later, they prepare a report or by getting copies of any police report, for example. The majority of cases in which they dispute liability initially end with the other party accepting liability. This happens once they see the evidence we have.

Negotiations, when a party agrees

  • Once both parties agree, we will carry out the negotiations to agree how much compensation you deserve on your behalf. Although we will be conducting the negotiations, you will still have total control. We will inform you of every offer the other party makes. Also, we will give you our expert opinion as to whether the offer is a fair one or not. Often, parties make a much lower offer than you deserve as their first offer to see whether you will accept it. With our help, you can be sure that you are getting the full amount that you deserve. We will advise you regarding each offer. But, the decision about whether to accept or refuse will always be yours. We will never try to pressure you in any way.

We may need to court if other party disputes liability

  • It is extremely rare that liability and the amount of compensation cannot be agreed between the two parties. If you are unfortunate enough to end up being one of those very rare cases, your case may need to go to court to find an agreement. In this condition, we will be with you throughout the process. We will fully inform you about what is happening and why. The friendly support of our experienced team can make all the difference to how stressful your court appearance might be.

How Much Compensation Will I Get For My Construction Injury Claim?

When making a compensation claim for a construction industry accident, the amount of compensation you deserve will vary according to a number of factors. There are two main parts to your compensation claim.

The first part of your compensation

The first stands on the injury you get. Judicial College set these national guidelines. These guidelines are very broad, to allow for the wide range of individual injuries you might have suffered. This section of the compensation is there to compensate you for the pain and suffering that you suffer as a result of your injury.\

The second part of the compensation

The second part of your compensation relates to any expenses, loss of income or potential future costs or losses you might expect. These can include any modifications you may need to make to your home, transport or lifestyle as a result of your injury, for example installing a stairlift if a back injury prevents you from using the stairs after a fall at work. If you have to take time off work to recover, the lost earnings would be included in this aspect of the claim. If your injury as a result of your construction industry accident is sufficiently severe that you will not be able to return to your previous profession, you may also be able to claim for the loss of potential future earnings.

Construction Accident Claims

What If I Make A Construction Injury Claim And Get Sacked?

  • It is illegal for your employer to dismiss you if you start an accident at work claim. They are not allowed to punish you in any way. For example, firing you, canceling promotion, or changing your duties in response to your claim. The majority of employers would not punish an employee for claiming the compensation to recover fully from an accident at work. For the small number who might, knowing that you have a specialist team of solicitors working on your fall at work claim may be enough to make them realize that such actions will put them in breach of their obligations under the law again. We will support you throughout. Further, we will remind your employers of their obligations. You should never be in a position where you are punished for seeking justice for the injury. Especially the injury you are suffering because of your construction industry accident.

Contact us:

If you have concerns about this or any other aspect of making a construction industry accident claim, call us on 0121 565 4317 or use our claims form online. Our expert claims team will discuss your case with you and ensure that you get the help you need to obtain the compensation you deserve.

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