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Compensation for a Construction Accident Caused by the Negligence of another Worker

I broke my leg when an excavation trench collapsed at work, but I have been told by my employer that I have to claim compensation for a construction accident caused by the negligence of another worker from the negligent worker and not from him. How do I do that?

Compensation for a construction accident caused by the negligence of another worker should actually be paid by your employer´s liability insurance company and has nothing to do with the worker whose error was responsible for the excavation trench collapsing.

Your employer has a duty of care to protect employees from the risk of injury and provide them with a safe environment in which to work, and this responsibility covers the training, supervision and ongoing monitoring of your work colleagues and the work they do. This especially true in scenarios such as yours, where an excavation trench should be checked for its integrity before any worker is allowed to work inside the trench.

If your employer has failed to check the work of a colleague – or the work of somebody who was supposed to ensure the integrity of the trench – and you have suffered a broken leg as a result, your employer is responsible for your injury and against whom a claim for a construction accident caused by the negligence of another worker should be made.

As your employer has already demonstrated a lack of knowledge of the law, it is likely that he will also contest a claim for a construction accident caused by the negligence of another worker, and it is in your best interests to discuss the circumstances of your accident directly with a construction accidents solicitor. This will also protect you against any potential repercussions when you return to work if your employer takes offence that you have made a claim against him.

Your solicitor will send a Letter of Claim to your employer, informing him that a claim for compensation for a construction accident caused by the negligence of another worker is being made against him and supporting the letter with any evidence your solicitor has collected with regard to your employer´s negligence in failing to check the work of your colleague or the trench inspector.

Once liability for your injury is acknowledge, your solicitor will calculate how much compensation for a construction accident caused by the negligence of another worker you are entitled to and enter into negotiations with your employer´s insurance company to obtain a swift and satisfactory conclusion to your claim.

As it appears unlikely that you will be returning to work in the near future, it is recommended that you contact a construction accidents solicitor at the earliest practical opportunity to ensure a quick recovery of the wages you will not be earning for the foreseeable future and to resolve your claim for compensation for a construction accident caused by the negligence of another worker.