Construction Injury Claims

Construction injury claims enable you to recover compensation when you have been injured in a construction site accident due to the carelessness of an employer or somebody who owed you a duty of care. Claims for construction injury compensation should take into account the effect an injury has on your quality of life in addition to any physical pain you have suffered and emotional trauma you have experienced in the construction accident, and you should also be able to claim any expenses incurred which are attributable to your construction accident in order that you are no worse off financially than if your construction accident had never occurred. Make sure you receive comprehensive advice about making construction injury claims by discussing the circumstances of your accident with an experienced solicitor on our freephone Solicitors Advice Panel.

Young Man Claims for Construction Work Accident

October 3rd, 2016 | By injuryclaims

 

A construction engineer, who was severely injured when a concrete wall fell on top of him whilst he was at work, has made a claim for work injury compensation.

Connor Watson was just seventeen years old when he was working with DJ Laing Contractors Ltd at the Arbroath Flood Protection Scheme. The accident in question occurred on the 24th September 2013 whilst Connor, working on the above project, needed to remove a letterbox that had been built into a support wall of the old Arbroath to Forfar railway. This was necessary to replace a pipe.

As such, Connor needed to remove the old blocks that constituted the letterbox, but upon removing the fifth, the entire 0.46 tonne wall gave way. It fell on top of Connor’s legs, crushing them. Since the accident, Connor has regained mobility in his legs, but it is expected that he will suffer from arthritis in the limbs before he turns thirty.

The Health and Safety Exectutives conducted an investigation into the circumstances of the accident. They found that the contracting company did not assess the wall correctly, and as such could not advise Connor on the reasonable precautions he should undertake to prevent such an accident. In November 2014, DJ Laing Ltd were issued a £32,000 fine by Forfar Sheriff’s Court for breaching the Health and Safety at Work Act

As part of DJ Laing Ltd’s “return to work” programme, Connor has resumed employment at the firm. However, his quality of life has been affected, and he cannot engage in many sports or physical activities because of the accident. Connor also has concerns that he will be excluded from the future labour market because of his impending arthritis.

Connor sought legal counsel and proceeded to make a claim against DJ Laing Contractors Ltd for the work injuries he sustained whilst in their employ. In a comment to the Forfar Evening News, his solicitor said that it would not be a question of if his client would be compensated, but rather how much.

David J Laing, Managing Director of DJ Laing Group Ltd, commented that “I confirm that Connor is currently employed by DJ Laing (Contracts) Limited and was involved in a serious accident on one of our civil engineering sites in September 2013. Connor is currently undertaking a return to work rehabilitation programme and the matter of compensation is being dealt with by our insurance company.”

School Fined for Employee Injury

August 16th, 2016 | By injuryclaims

A school in Essex has been issued a five-figure fine by the Chelmsford Crown Court after one of their employees sustained severe injuries due to falling from a roof. 

The accident occurred in February 2015 when Keith Chandler, a sixty-three year-old maintenance engineer at the Brentwood School in Essex, was restoring a Grade II listed building. Keith climbed a ladder to reach access the roof such that he could repair a bay window, but he tragically lost his footing and fell 2.6 metres to the ground below. 

The fall caused Keith to damage five vertebrae, bruise a kidney and sustain a fracture to his shoulder. Though Keith returned to work at the school just six weeks after the accident, he is not able to carry out his full range of duties, such as working at a height or carrying heavy loads. His personal life has also been affected, as he can no longer play with his grandchildren. 

An investigation into the circumstances of the accident was conducted by the Health and Safety Executive. It found that no proper risk assessment was conducted, and that there were no guardrails around the building to prevent such accidents. Additionally, there was a lack of adequate supervision of the maintenance engineers. 

The HSE prosecuted the Brentwood School Charitable Incorporated Organisation for breaching Regulation 4(1) of the Work at Height Regulations 2005. This was in spite of the the school’s comprehensive safety policy – policies the HSE commented were not adequately enforced during restoration. 

Earlier this month, a hearing was conducted at the Chelmsford Crown Court. Judge Charles Gratwicke heard evidence from Anthony Bridger, a former maintenance manager, who said that it was difficult to properly enforce safety regulations during the reconstruction as the school was old “just wanted to get on with the job in the easiest way”.

The school’s trust admitted liability for the accident, conceding that there was a lack of supervision on the site. Judge Gratwicke proceeded to fine the school £40,000 for their negligence. 

No Agreement in Compensation for Injuries from Forklift Truck Accident

December 22nd, 2014 | By injuryclaims

A claim for compensation for injuries from a forklift truck accident will be heard in the High Court in the New Year after the two parties involved failed to reach agreement on a compensation settlement.

In May 2010, Scott Fewster (40) from Wisbech in Cambridgeshire was working in the Highline Extreme warehouse in Downham when a 40Kg metal frame fell from a forklift truck and knocked him to the floor. Scott sustained head and neck injuries as a result of the accident, as well as soft tissue injuries to both forearms and severe bruising around his body.

Scott was incapacitated for three months after the accident; during which time he was unable to drive and needed assistance to complete day-to-day chores. Between May and August 2010, Scott had three operations on his hands to try to repair the damage to his arms, but he still has reduced sensation in his fingers and often drops things.

After recovering from his injuries, Scott returned to working as a welder for Highline Extreme but was unable to manage with his workload and left his job year later. Scott remained out of work from October 2010 until February 2013, and is now only able to perform light duties for a maximum of 30 hours a week. It is unlikely that Scott will be able to return to heavy manual labour because of his injuries.

After seeking legal advice, Scott made a claim for compensation for injuries from a forklift truck accident – alleging that he still suffers the physical consequences of the accident and experiences occasional headaches, dizzy spells and stiffness in his neck which, in additional to preventing him from working full-time, also affects his leisure pursuits of judo, table tennis and drumming.

In October 2010 Highline Extreme was issued with an Improvement Notice by the Health and Safety Executive to formulate a safe system of work for loading and unloading lorries using a forklift truck. After the notice was issued, the company acknowledged liability for Scott´s injuries, but the two parties have been unable to agree upon a settlement of compensation for injuries from a forklift truck accident.

Consequently, the compensation claim will go to the High Court in London to be resolved – before which Scott will undergo an assessment of his injuries by a consultant neuropsychiatrist to establish the long term effect of his injuries.

TV Set Worker Injured in Fall from Ladder

May 8th, 2014 | By injuryclaims

A scaffolding firm from Solihull has been fined by Birmingham magistrates after a TV set worker was injured in a fall from a ladder during the construction of the set.

On 25th March 2013, Craig Shakespeare from Birmingham was helping to construct a theatrical set for a television program to be filmed at The Bond Business and Entertainment Centre on Fazeley Street, in Birmingham.

Forty-nine year old Craig he was working at the top of a two metre ladder, where he was attaching support scaffolding to the back of the set. However, as he pulled part of the set towards the support scaffolding to secure it, the set broke in his hand, and Craig started to lose his balance.

Realising that he was about to fall from a height of two metres, Craig jumped from the ladder but landed badly – breaking both heels. Craig is now confined to a wheelchair and has been unable to work since he was injured in the fall from the ladder.

A Health and Safety Executive (HSE) investigation into his accident discovered that Craig´s employers – Swan Scaffolding Contractors Limited, of Knowle, Solihull – had breached the Work at Height Regulations 2005 and prosecuted the company.

The Birmingham Magistrates Court  heard that Swan Scaffolding Contractors had failed to ensure that adequate measures were in place to prevent or mitigate the fall, and that an elevated work platform (such as a cherry picker) or a  tower scaffold should have been provided for Craig.

The court was told that had more suitable equipment than a ladder been used, Craig´s accident and injury could have been avoided. Swan Scaffolding could have no defence – the HSE Inspectors said – against a charge of negligence that caused a worker to be injured in a fall from a ladder.

The scaffolding company pleaded guilty to the charges brought against them by the HSE; and were fined £5,000 for breaching Regulation 4(1) of the Work at Height Regulations 2005 by the Birmingham Magistrates, ordered to pay a £500 victim surcharge and a further £535 in costs.

Speaking after the Magistrates hearing, HSE inspector Edward Fryer said: “The danger of using ladders should not be underestimated. This is another example of serious injuries being sustained where other access equipment could have been used instead. Last year more than 6,300 employees suffered major injuries after falling from height at work.”

Procedural Changes Aim to Speed up Personal Injury Compensation Settlements

August 3rd, 2013 | By injuryclaims

New procedures introduced on the 1st August should speed up personal injury compensation settlements for claims with a value of less than £25,000.

In April 2013, several changes to the way in which personal injury claims were handled were introduced following the passing of the Legal Aid, Sentencing & Punishment of Offenders Act (LASPO). The most noticeable of these changes affected “No Win, No Fee” injury claims, and how “After the Event” insurance premiums and solicitors´ “Success Fees” could no longer be recovered from the negligent party´s insurance company; however the most recent changes have been designed to reduce the length of time it takes to resolve claims and make sure that claimants receive their personal injury compensation settlements quicker.

The primary changes concern how long a negligent party´s insurance company has to acknowledge and respond to a “Letter of Claim”. Whereas before an insurance company could take up to three weeks to acknowledge that a “Letter of Claim” had been sent to them, they now have to do this within one day. Furthermore, insurance companies are now required to inform your solicitor whether or not their client agrees they were responsible for your injuries within thirty days (forty days for accidents at work). Previously, insurance companies could waste ninety days before admitting their policyholder´s negligence, even when their client had already admitted responsibility for causing an accident.

Insurance companies who fail to adhere to the new procedures for personal injury compensation settlements will have the claim for personal injury compensation removed from the Ministry of Justice´s Claims Portal and have to pay the additional costs of defending the claim using the course of action, unless the claim falls into one of the following categories:-

  • Public liability claims for compensation against an individual
  • Employer liability claims against more than one defendant
  • Any personal injury compensation claims in which the claimant is partly responsible
  • Public liability claims relating to a disease (for example food poisoning)
  • Claims involving mesothelioma, abuse or medical negligence
  • Claims against a party who is uninsured

The procedural changes apply to claims for injuries which have been sustained or diagnosed in England or Wales on or after 1st August 2013 , and have no effect on the Statute of Limitations – the length of time you are allowed after an injury has been sustained or discovered in which to claim personal injury compensation.

Should you require further information about personal injury compensation settlements, and how the changes to the personal injury claims procedures may affect you in your specific situation, you are advised to speak with a solicitor at the first practical moment.


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