How can claimants tell if they are eligible to pursue construction JCB accident claims? I am a construction worker who recently required surgery on a foot after it was injured when a JCB digger crushed it. What makes the case even more complicated is that the driver, a colleague and friend of mine, did not have a licence to operate it.
Construction JCB accident claims may be possible when a claimant can prove that the negligence of someone else contributed to their injury. A JCB digger is a powerful piece of machinery and should be treated with respect. Certainly, a person who is not licenced to operate one should not be behind the controls. However, your colleague and friend may not the person who you may make your construction JCB injury compensation claim against.
Employers owe a ‘duty of care’ to their workers, meaning that they must take measures to ensure that the workplaces in which they expect their employees to operate is as safe as possible. In order to fulfil this duty an employer must carry out routine checks on the premises and equipment which employees use ; these checks should include ensuring that all employees are trained adequately, including confirming that they hold appropriate licences.
It is understandable that you may be apprehensive about making a claim for construction JCB accident compensation considering you are required to work under the person from who you may be eligible to claim compensation. Construction JCB accident claims can often be emotive affairs when claimant and negligent party are familiar with each other, and although it may seem as if you may have to quit your job as a consequence of pursuing compensation, this is not the case. A strict law is in place to make sure that there are no repercussions for claimants who pursue action because of an issue in their workplace.
Accident claims of this sensitive nature are always best handled with assistance from an experienced personal injury claims lawyer. A lawyer will be able to tell you whether or not you are entitled to compensation, and will be able to walk you through the claims process – including how to deal with your employer and workmates. A lawyer may also be able to provide you with an idea of whether your claim will succeed, and if so, how much compensation claimants who pursue construction JCB accident claims can expect.