I fell off a ladder while working on a building site and fractured my collarbone, but the boss says I will not be able to make a construction fall injury claim because I had not secured the ladder as I had been shown. Is he right?
Inasmuch you may have contributed to the cause of your accident, you may still be entitled to make a construction fall injury claim for compensation if it can be shown that your employer – or a supervisor representing him – had been negligent by failing to correct your poor work practices previously. Indeed, if you employer noticed before your accident that your ladder was poorly secured, he or she had a responsibility to stop you from working on the ladder until such time as you had made it safe.
An employer – or their designated representative – not only has a responsibility to provide adequate training in safe practices on a building site, but also to ensure that the safe practices are being adhered to – not only to prevent an injury to the individual, but also to eliminate the risk of an injury to work colleagues. If, for example, a colleague had fallen from the ladder that you had not secured properly, it would not be you that a claim for a construction fall injury was made against, but your employer.
As this is quite a complicated legal argument, it would be in your best interests to speak with a construction injury claims solicitor, inform the solicitor of how much ladder training you had received, what level of supervision had been provided while you worked on the ladder and the circumstances in which your construction fall injury was sustained. Many people using ladders at home naturally adopt poor practices when they come to use them in the workplace, and this is an acknowledged area where ongoing supervision is inadequate on construction sites.
As it would appear likely that your employer is going to contest any claim for a construction fall injury, if the solicitor believes that you have a construction fall injury compensation claim which is worth your while to pursue, it would also be advisable to allow the solicitor to manage your claim from start to finish. In that way you should be able to return to work without the threat of repercussions from your employer when your broken collarbone has healed.