How can construction workers pursue construction fall injury claims? I recently broke my wrist attempting to arrest a fall from unsecure scaffolding. I believe my employer is at fault for my injury and although he insists that I am not eligible to claim for compensation, I am considering making an appointment with a lawyer.
Construction workers may be able to pursue construction fall injury claims if they can prove that their employer was at fault for their accident. This may be done by proving that they failed in the duty of care which they are obliged to hold to their employees. All employers are required to provide a duty of care to their workers and must conduct regular checks of the equipment and premises used by employees – as described in the Health and Safety at Work Act 1974.
It is possible that your employer told you that he is not responsible for your accident as he wants to deter you from following up on your queries about construction fall injury claims. If you believe that your employer is breaching the Health and Safety at Work Act 1974 by not conducting routine checks on the workspace and equipment – including the scaffolding from which you fell – you may be entitled to claim for construction fall injury compensation and should speak with a lawyer immediately.
As your employer may be attempting to discourage you from seeking out information on your construction injury fall claim, it is unlikely that he will be welcoming when you inform him that you intend to pursue a claim for compensation. You should remember however, that your compensation claim is not being taken against him directly; it is being taken against the business’s insurance company. You should also be aware that the law is very firm about the treatment of employees returning to work after claiming against their employer’s insurance company, strictly prohibiting any ill treatment because of their decision to make a claim.
You mentioned in your question that you are considering speaking to a lawyer about your queries. You should do this as soon as possible in order to maximise your chances of being awarded compensation. An experienced personal injury lawyer will be able to evaluate your claim based on its individual merits, and could be able to inform you of how much you may be awarded if successful. Construction fall injury claims are always best pursued with the assistance of a lawyer.