Is it possible to claim for a leg injury on a construction site if I slipped and fell from a scaffolding due to overnight rain?
You should almost certainly be entitled to make a compensation claim for a leg injury on a construction site if you have been allowed to access a scaffold without it first being inspected for any hazards after overnight rain. An employer has a duty of care to identify and eliminate possible risks of injury for all employees and one of the most important elements of his responsibilities is to look after the health and safety of employees that have to work at height – especially when conditions underfoot may be slippery.
Even though the Health and Safety Executive does not specifically stipulate that inspections should be carried out after every downpour, it does require that “Before contractors allow their workers to use someone else’s scaffold they must make sure it is safe” – which would imply that their own scaffolding erections should also be safe as well. Furthermore, the scaffolding on which you were working should have been equipped with guard rails and fall protection to eliminate the risk of a fall in the event of a slip while working on the scaffolding.
If you were allowed onto a scaffolding without a safety inspection being undertaken, and if your fall could have been prevented by the presence of guard rails and toe boards, you should speak with a construction injury claims solicitor at the earliest possible opportunity. A solicitor will guide you through the procedures that need to be completed before a claim for a leg injury on a construction site can be made, collect any evidence on your behalf which is needed to support your claim and advise you how much compensation for a leg injury on a construction site you should be entitled to.
This final item of advice is important to be aware of should be approached directly by your employer´s liability insurance company with an offer of compensation in settlement of your claim for a leg injury on a construction site. They will quickly learn that their client has been negligent in his responsibilities towards health and safety, and will be keen to resolve your claim as quickly and as inexpensively as possible. If you inadvertently accept an offer of compensation for a leg injury on a construction site which proves to be inadequate for your needs and replace the income you have lost while you are unable to work, you cannot go back to the insurance company and ask for more.
Therefore, it would be in your best interests to speak with a construction injury claims solicitor as soon as possible, to move forward with your claim for a leg injury on a construction site and to avoid the risk of accepting of offer of compensation for a leg injury on a building site which is less than you are entitled to.