How can construction workers pursue falling construction debris injury claims? While working on a site recently I was struck by a piece of debris which had fallen from two floors up. As a result of the accident I have been off work for two weeks, and expect to be off for another six. Is there any way I could be compensated for the earnings I am missing out on?
Construction workers seeking to pursue falling construction debris injury claims may be able to do so if they are able to prove that someone other than themselves was partly responsible for their accident. In your case, it is likely that the person who you will make your claim for falling construction debris accident compensation against will be your employer.
All employers owe a ‘duty of care’ to their employees, meaning that they must take measures to ensure their safety while at work. This includes carrying out a risk assessment of any potential hazards in the workplace which is particularly important if -as in your case – you are moving from site to site. Employers must follow up on their risk assessment with routine checks of employees’ workspaces and equipment. If you believe your employer did not conduct a risk assessment of the site on which you were injured, or does not check the site regularly for hazards, you may be entitled to make a construction falling debris injury claim for compensation.
Employers seeking to remain complaint with the law and who wish to avoid falling construction debris injury claims will provide their workers with personal protection equipment (PPE). It is necessary for employers to provide safety equipment such as safety boots, hard hats and high visibility vests to all construction employees free of charge.
Your ability to receive a full compensation settlement may be reliant on you having been wearing your safety gear at time of your accident. Hard hats – which are provided to prevent head wounds such as the one suffered by you – are required to be worn by all workers, employers and visitors to construction sites. If you were not wearing yours at the time you were hit by the debris, you may have to forfeit some of your settlement to reflect your contributory negligence.
If you believe there is the potential that contributory negligence may affect your claim, you should say so during your first meeting with your lawyer. When contributory negligence may be a factor in a construction falling debris injury claim it is vital that you contact an experienced personal injury lawyer at the first possible opportunity. A lawyer will be able to tell you whether contributory negligence might affect your claim, how much may be awarded for falling construction debris injury claims, and how much may be awarded for your claim in specific.