Construction sites can pose a variety of hazards on people working on them. Some of the most common cases which we have encountered include trip and slip on something, falling from heights, being injured by dangerous machinery.
If you have been injured while working on a construction site, you may be able to claim compensation for your injuries.
There are strict safety standards which must be observed by the main contractor on site and all subcontractors. The law is contained in a number of EC Directives, which were implemented in the UK in 1992, including:
- Management of Health and Safety at Work Regulations 1999: generalises and rationalises the approach to preventative health and safety.
- Health and Safety (Display Screen Equipment) Regulations 1992: protects a person who habitually uses display screen equipment as a significant part of his normal work, whether self-employed or an employee.
- Manual handling operations Regulations 1992: protects employees performing any 'manual handling operation' (e.g. transporting, supporting, lifting, putting down, pushing, pulling, carrying or moving a load by hand or bodily force; a load includes a person or animal) anywhere at work, except on a board ship.
- Provision and use of Work Equipment Regulations 1998: protects employees when using all work equipment, including machinery, appliances, apparatus, and tools (i.e. a tractor, lawn-mower, ladder, portable drill, and butcher's knife, display screen equipment) at work, anywhere except on board ship (but including offshore installations).
- Personal protective Equipment at Work Regulations: covers equipment intended to be worn or held by a person at work which protects him against a risk or risks to his health and safety, including accessories or additions designed for that purpose, and includes clothing intended to protect against the weather. The Regulations protect employees and regulate employers and the self-employed in respect of themselves, anywhere at work, except on board ship, but including work within territorial waters and on offshore installations.
- Workplace (Health, Safety and Welfare) Regulations 1992: covers non-domestic premises used as a place of work and accessible places therein, together with access corridors, lobbies, stairs, roads etc, but not on or in a ship, a construction site, nor agricultural or forestry workplaces away from the undertaking's main buildings. Offshore installations for mineral extraction are not covered. The Regulations certainly cover employees and, probably, anyone else within the workplace. The Regulations regulate employers and every person who 'has, to any extent, control of a workplace' in connection with a 'trade, business or other undertaking (whether for profit or not)' so far as matters are within his control.
- Construction (Health, Safety and Welfare) Regulations 1996: covers 'construction work (including building work or repair, renovation, redecoration, maintenance and some specialised cleaning processes; site preparation; demolition; and the installation of the mains supply and telecommunications services), but not a construction site 'set aside for purposes other than construction work'. The Regulations protect and employees and the self-employed, at work (not necessarily construction work). The Regulations regulate employers and anyone who controls the way in which constructions work is carried out (insofar as the duties relate to matters within his control).
- Lifting Operations and Lifting Equipment Regulations 1998: covers lifting equipment provided for use or used by an employee at work.
- Working Time Regulations 1998: covers work by an employee or worker under a contract whereby he undertakes to do or perform personally any work or services for another party to the contract whose status is not that of client or customer of any profession or business undertaking carried out by the worker. However, there are a number of excluded areas of work, especially domestic service, sea-fishing, transport, other work at sea, doctors in training, and the uniformed services where the demands of the job inevitably conflict with provisions of the Regulations, and what is known as 'unmeasured working time'.
Employers have a responsibility to protect their employees, contractors and visitors from accidents and injuries. This entails:
- Providing employees with the necessary machinery and tools to complete their jobs;
- Ensuring that the machines and tools are maintained in a safe condition;
- Ensuring that the workplace is kept in a safe and tidy condition;
- Providing employees with suitable workstations;
- Ensuring that floors and corridors be clean and hazard-free;
- Ensuring that there be no obstruction of doors and gates;
- Providing the necessary safety wear for their employees (goggles, dust masks, safety boots, etc.).
- Providing adequate training (e.g. for lifting heavy objects)
We have successfully concluded claims such as:
- A cave-in or collapse
- Being struck by a falling object
- Employees exposed to violent attacks by patients or customers
- Exposure to harmful and dangerous substances
- Inhaling or ingesting harmful substances
- Injuries caused by dangerous or defective machinery
- Injuries caused by lifting/repositioning objects
- Injuries caused by slips and trips (on dangerous/uneven surfaces or discarded items)
- Injuries suffered in the construction industry
- Stepping on, being struck against, or being caught between an object or several objects
WHAT SHOULD YOU DO IF YOU HAVE BEEN INVOLVED IN AN ACCIDENT?
- You should tell your line manager/employer of the accident circumstances and write an entry in the Accident Book.
- You should write a detailed account of what happened, including a sketch of the location, and take photographs if possible.
- You must ensure that you have the name and address of any witnesses.
- You should seek medical advice for your injuries as soon as possible. With some injuries (e.g. whiplash) the symptoms may take a few days to develop, but get medical attention as soon as you can.
- You should keep a record of your out of pocket expenses (e.g. travel expenses, prescription charges, walking sticks, etc.) and keep any receipts.
TIME LIMITS FOR INDUSTRIAL INJURIES
Generally, personal injury claims have a three year time limit i.e. court proceedings have to be issued at least one day before the third anniversary of the accident , otherwise they will be time barred and you will no longer be able to pursue your claim. (There are a few exceptions to this rule and the court does have some very limited discretion to extend the various time limits). You can still pursue a claim for personal injury after the third anniversary of the accident, you just have to make sure court proceedings have been issued before that third anniversary in order to do so. We will be happy to discuss this further with you.
If you are a minor at the time of the accident, i.e. under 18 then the 3 year limitation date starts to run after you have turned 18. Furthermore, there also a complicated set of rules that allows the 3 years limitation date period to run from the date of knowledge of the incident/accident. These rules normally apply to clinical/medical negligence cases or industrial disease claims, where they may be a long latency period between the incident giving rise to your claim and you first suffering any symptoms and becoming aware of it. The rules on this are technical and we will, once again, be happy to discuss this in detail with you.
Unfortunately, it is quite common for people to develop an illness or disease in result of coming into contact with a harmful substance in their workplace. Your employer has responsibility to protect your health and safety. Inadequate protection may lead to a variety of industrial illnesses. Compensation Solicitors Online can handle your claim for compensation for industrial disease regardless of whether you are suffering from asbestosis, vibration white finger, occupational asthma or industrial deafness.
TIME LIMITS FOR INDUSTRIAL DISEASES
The time limit for bringing a claim for an industrial disease is three years from the moment of knowledge on the disease. Do not delay and contact us as soon as possible to discuss your claim. This way you will avoid becoming time-barred and missing the opportunity to claim your compensation.
There are a variety of funding options open to you. We will discuss these options with you in more detail and where appropriate represent you on a no win no fee basis (also known as a Conditional Fee Agreement).
FALL FROM HEIGHT
Our client was standing on a pallet on a forklift and fell from a two-storey height to the ground. He suffered fractured skull and brain damage. We secured compensation of £280,000 for our client.
Our client slipped on a wet floor and hurt his knee. The compensation that we secure for him was for the amount of £12,000.
UNSAFE SYSTEM OF WORK
We represented a worker on a building site who sustained a hand injury. His employer operated an unsafe system of work. We were able to obtain a compensation award of £35 000.
CO-WORKER 'S NEGLIGENCE
We assisted a driver of a heavy goods lorry in obtaining damages of £50 000 when he fell over an unattended item which had been left by a co-worker in the trailer of a lorry, in doing so sustaining a back injury. He was most grateful for our help and has recently referred another two cases to us.
'WHAT ARE MY EMPLOYER'S RESPONSIBILITIES TO ME?'
Very broadly, your employer must provide a safe system of work, safe premises, competent staff, adequate training and supervision.
'DOES MY EMPLOYER PAY PERSONALLY FOR MY CLAIM?'
All employers are required by law to have insurance in place to pay compensation if their staff is negligently injured during the course of their employment.
'CAN I BE SACKED FOR MAKING A CLAIM AGAINST MY EMPLOYER?'
No. The law protects you from being treated unfairly when making a claim. I you were to be sacked, you would have an additional employment law claim for unfair dismissal against your employer. Please, see our Employment Law section for more information.
'SHOULD I MAKE A NOTE OF THE ACCIDENT IN THE FIRM'S ACCIDENT REPORT BOOK?'
Yes. If your employer does not have an accident book, tell your line manager/employer of the accident circumstances and the injuries you sustained and confirm this information in writing if possible (i.e. in a letter/email). You should also make a note of all witnesses who saw you at the accident.
MAKE A CLAIM
If you would like to speak directly to a solicitor for a free and without obligation chat about your case call us on 0203 380 9406 or send us your details, with brief outline, by email to [email protected] and you will receive a prompt response.