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Building Injury Compensation

Am I entitled to make a claim for building injury compensation if I am a contractor working on a site and not an employee?

Question:

Am I entitled to make a claim for building injury compensation if I am a contractor working on a site and not an employee?

Answer:

For a building injury compensation claim to be successful, you must have sustained an injury due to the negligence of somebody who had a duty of care towards you. Contractors and the self-employed have the same rights as employees to make a building injury compensation claim, provided that a company or individual has overall responsibility for the work environment.

Most construction site owners and managers take great care in providing a safe environment for anybody who works on their site but, during times of economic recession or when pressure is applied to complete a project within a certain timeframe, it is possible that some safety checks and procedures are overlooked.

When this happens, and injuries are sustained as a result, anybody who is owed a duty of care – employees, sub-contractors or the self-employed – are entitled to make a building injury compensation claim. Claims for building injury compensation follow exactly the same procedures as if you were employed by the person or persons liable for your injuries due to the breach in their duty of care

Therefore, ensure that you receive urgent medical attention and make a report of your accident in the site´s “Accident Report Book”. You should also collect any evidence that will support a claim for building injury compensation, including where possible the names and contact details of work colleagues who may have witnessed your accident.

When injuries have been caused by a lack of care, many building companies would not welcome a safety inspection from the Health and Safety Executive, and may try to settle your claim for building injury compensation privately. Make sure you are aware of exactly how much building injury compensation you are entitled to by speaking with a solicitor at the earliest possible opportunity.