If you have been involved in a building site accident at work, you could be eligible for compensation. To received a free no obligation call back, just leave your details in the box to the right and one of our friendly staff will contact you.
What Is a Building Site Accident?
Much like it sounds a building site accident is an on the job injury that is experienced by an employee who works on a building site. There are many different types of accidents that can occur on a building site. These accidents range from minor injuries, broken bones, amputations, and death. Considering all of the materials, tools and heavy equipment that can usually be found on a building site, accidents should seem like an everyday occurrence.
What Causes Building Site Accidents?
One could argue that there are many unforeseen aspects that go into making an accident happen. Fortunately for many people who have suffered a building site accident, the laws that were enacted in 1978, help to spell out very clearly the factors that go into industrial accidents. Negligence is the main ingredient that goes into a building site accident. Negligence is also the very fact that needs to be proven when a compensation claim is filed. The health and safety code states that it is the employers responsibility to protect their workers from injury or harm.
The specific laws states that the employer have both a care and a duty to prevent reasonable accidents and job injuries. This pretty much means that almost all accidents should be prevented. The employer has a responsibility to evaluate every job position and each job function. The employer also has an obligation to reduce the risk of each job function so that accidents do not happen. A building site is a busy place. There are lots of opportunity to accidents and mayhem. This does not excuse an employer the care of duty that the law placed on the employer.
Can I Make a Clam for a Building Site Accident?
Anytime following a building site accident an injured party may make a claim for compensation. There is a long road, however, between making a compensation claim, being heard at a tribunal and finding out the verdict of the hearing. There are also a lot of legal arguments that may need to be made along the way. If you have a building site accident claim, then the best advice anyone can give you is to talk to a lawyer or a claims solicitor that has experience dealing with building accidents.
In order to receive a free phone consultation, that will assess whether or not you are eligible to file a building site accident compensation claim, please fill in the form at the top right of this page. One of our solicitors will contact you as soon as possible.
Making a claim for compensation will require gathering evidence that substantiates the claim you are making. This means that the solicitor will need to contact witnesses, employment reports, and other types of evidence that can help to prove the claim. To be victorious, the claim, must be substantiated, and the cause must be determined to belong to the employer.
What is a No-win-no-fee Solicitor?
A no-win-no-fee solicitor is a lawyer who works on cases without a guarantee of being paid by the client. I can be a win-win situation for both the client and the lawyer, if the case is won. If the case is won, then the lawyer is usually paid by the employers insurance company. This does not affect the value of an awarded compensation claim. This also means that a strong case is needed to capture the attention of a no-win-no-fee solicitor.
How much can I claim For A Building Site Accident?
It is next to impossible to determine the amount a compensation claim may be. This is because there are many little facts and factors that the tribunal must consider. There is a maximum limit placed on the basic compensation award. The maximum amount changes every year.
There is also a compensatory compensation award that can put the total award into the millions. Some of the factors that are considered by the tribunal is the severity of the injury. Injuries that are proven medically to be permanent receive a higher award than injuries that are minor or temporary. The tribunal will also look at the cause of the accident. Was the a way that the accident could be prevented? What were the reasonable employer responsibilities to prevent this accident? This is the part of the claim that becomes very difficult and tricky. This is also why using a legal professional can help make this a legal victory.
Preventing Building Site Accidents
One of the key components to winning a compensation claim is prevention. The health and safety laws require employers to be proactive in preventing work place accidents. It is a little more fine tuned this way, but the gist of the statement is that employers must put-forth reasonable effort not only to prevent accidents, but to eliminate the risk of accidents. This means that the employer is required to review job positions, job functions, and measure the amount of risk that is involved in each position.
On a building site, this can be very hard to do. A few of the tools that are available to employers to help them reduce the risk of injuries is employee training and development of protocols. Policy and Procedure are also key components to proving or disproving reduction of risk. Most injuries are preventable. This is why it is important to utilize a solicitor or lawyer when faced with the possibility of filing a compensation claim. There are a lot at stake in terms of compensation. Everyone who has been injured owes themselves at the very least the opportunity to talk about their case with a solicitor.