When am I eligible to make a claim for hand injury on a construction site? I put my hand down on an exposed rusty nail, resulting in a bad cut and later an infection. However my employer says it was my own fault. Is he correct?
Your eligibility to make a claim for hand injury on a construction site will depend upon whether your employer has been negligent towards your health and safety. It is the responsibility of your employer to ensure that your workplace is a safe environment, and should they fail in this responsibility they can be held liable for your injury. The circumstances of your accident must first be analysed, because of which you are advised to consult a personal injury solicitor at the earliest opportunity.
Whether you can claim for hand injury on a construction site will depend on the measures taken by your employer in order to prevent such an accident in the first place. It will be necessary to analyse whether precautions were taken to decrease the likelihood of an injury occurring with the nail — or indeed if your employer even had an opportunity to avoid an accident happening. If the nail was facing upwards immediately prior to your accident, your employer may not be held responsible if they did not have time to avoid an injury occurring. However if the nail posed a hazard for an unacceptably long period of time, your employer may be liable for your claim for failure to address the risk.
There is still a possibility that your employer is correct and you are liable for your own injury. This may be the case if you had placed the nail in a dangerous position. There is also the possibility that you had failed to seek immediate medical attention following your accident. This may have happened if you relied solely upon the first aid administered to you at the scene of the accident. Had you visited a medical professional, there may have been the opportunity to avoid an infection occurring, and as a result it may be determined that your inaction contributed to the extent of your injury. You may not be disqualified from making a claim — however the amount to which you may be entitled can be reduced as a result.
It appears as though your employer may challenge your claim to compensation. For this reason you are advised to consult a personal injury solicitor at the earliest convenience. This is not only to determine your eligibility to make a claim, but also to establish whether your claim is worth pursuing and the compensation you may be entitled to as a result. As a time limit of three years exists to make a claim for hand injury on a construction site, you are advised to consult a personal injury solicitor without delay.