Accidents happen every day, especially in the workplace. Many workplaces are dangerous to a certain extent, which is why strict health and safety rules have been enforced in every job. The health and safety rules cover every type of potential workplace accident, from how needles are disposed of in hospitals to who is allowed to build and construct scaffolding on building sites.
Building sites are ranked highly for Britain’s most dangerous places to work. Accidents at work are one of the most common reasons for compensation claims every year. Accidents are unpredictable and can happen to anybody and are mostly caused by employers negligence or fellow colleagues negligence. Have you been injured on a building site? Have you considered making a claim for compensation?
If you were working on a building site and suffered an accident that wasn’t your fault, you may be able to make an accident at work claim against your employer.
What is your employer’s duty?
Every employer has a duty to protect their employees from getting injured. In workplaces such as construction sites, there are various health and safety rules in place to protect workers from all the risks and dangers that surround them. ‘The Construction (Design and Management) Regulations (2007)’ are rules to protect employees from getting injured in their construction work environments. ‘The Construction (Health, Safety and Welfare) Regulations 1996’ provide further protection and adds to employers duties to:
- provide a safe environment to work
- ensure scaffolding is erected under competent supervision
- provide appropriate training
- provide a safe way of access to and from the workplace
- prevent any falling objects and falls from heights
- ensure their workers know where and how to store the equipment safely
The Health and Safety Executive have also provided guidance to employers on how to implement these regulations. If your site manager fails to enforce any of the above regulations, and you get injured as a result, you may be able to make a building site accident compensation claim.
Common types of building site accidents
There are many risks and hazards at a building site. Building sites can be dangerous if safety standards are not put in place by employers and employees. Here are some examples of accidents people have achieved successful claims from in the past:
- Defective Equipment- such as unsafe machinery
- Falling Objects (E.g. Tools, unsecured scaffolding)
- Forklift truck injuries
- Heavy lifting
- Chemical spillages
- Vehicle crashes
- Inadequate safety briefings
If you have been involved or know someone who has experienced one of these accidents, you can claim a building site accident claims and negligence claims against your employer.
Claiming compensation for a building site accident
Accidents on building sites are common, but that doesn’t mean they are acceptable. If you have been injured on a building site, you may be entitled to make a claim.
It is the duty of your employer to ensure that your working environment is as safe as possible. It is their responsibility to make sure you are safe at all times. Whilst nobody can predict when an accident will happen, many accidents are entirely preventable. If your employer fails in their duty of care, and as a result, you sustain an injury, you may be able to claim compensation.
For this to be the case, you’ll need to show:
- You were an employee or subcontractor
- Your employer breached their duty of care
- This breach caused your injury
This will indicate a lack of care or negligence by your employer and that they are responsible for your injury.
What should I do following a building site accident?
If you have been involved in an accident on a building site, and it wasn’t your fault, you may be able to make a claim. Before you start the claims process, you should:
Report the accident– to a senior member of staff on-site so that they can write any details of the accident in an incident report book. You should request a copy of the report as this will help with your case.
Go to your G.P/ hospital – If you have been injured, you should attend your G.P. or a hospital to obtain treatment for your injuries. We suggest you keep hold of any receipts for parking or medical treatments as evidence of your additional financial losses.
Collect evidence to support your claim– Try to take photographs of anything that could be useful and beneficial to support your case, such as the areas where the accident happened, your injuries, photos of x-rays and scan results, any expenses you had to pay for as a result of the injury.
It may also be useful if you can obtain witness statements from anyone who witnessed the incident. You should also try to get any witness statements from anyone who saw the incident happen.
Contact Wildwood Legal – If you would like to make a claim against your employers for an accident on a building site, get in touch with us using the contact form below to start your claim.
Will my job be at risk?
You might worry that putting in a claim against your employer may jeopardise your job security. However, the truth is that your employer will not be legally permitted to end your employment without good reason.
Highlighting the seriousness of the accident may also help your employers as they will be able to address new needs and procedures to prevent others from suffering a similar injury.
Do I have to pay to make a building site accident compensation claim?
Making a claim should not costs you anything. Our Personal Injury Solicitors handle almost all cases on a no win, no fee basis. This means there will be no cost to you if you were to lose your claim, and therefore, seeking justice will have no financial risk.
The compensation you receive will help you get back on your feet or pay for long-term care and rehabilitation. It also means that you can stop worrying about financial problems and focus on recovering from your illness or injury.
How long do I have to make a claim?
You generally have three years from the date the accident occurred to make a claim. We would always advise that you start your personal injury claim as soon as possible.
How much building site accident compensation will I receive?
Building site accidents will vary depending on the severity of the accidents and the injury. Many factors are taken into consideration before coming up with a final figure for your compensation amount.
Your compensation award will be split into general damages and special damages:
General Damages refer to the amount of compensation you will receive for your injury, i.e., your loss of amenity, suffering and pain. Each case is different, as are all accidents and, therefore, the value of your claim will be difficult to determine without knowing all the details.
The figure will be based on the type of injury sustained and the severity and impact the injury has had on your life, or the impact it may continue to have on your future.
Special damages refer to any additional financial losses you may have as a direct result of the accident. Special Damages take into consideration:
- Loss of Earnings
- Parking and travel Costs
- Medication and treatment costs
- Additional care and Assistance- such as a carer
In most cases, you will need to attend an appointment with an independent medical expert to obtain a medical report based on your accident and injuries. This medical report will help us to provide an estimation of how much compensation you can receive.
We can also arrange further treatment for you if the independent medical expert states a requirement to do so in the medical report.
How can Wildwood Legal assist?
At Wildwood Legal, we pride ourselves on the high level of customer service we offer all our clients.
Our experts aim to provide you with the best possible legal advice, be as flexible as possible to fit around your needs and communicate with every client using language they will understand. We want to get to know our clients personally; that’s why we are one of the best law firms.
If you have suffered an injury in a building site accident, call us today on 01423 209 046 and speak to one of our personal injury Solicitors today.
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