Will I still be entitled to make a construction worker injury claim for compensation if I left seeing a doctor for two weeks after I injured my back in a manual handling accident?
Your entitlement to make a construction worker injury claim for compensation will remain unchanged provided that the injury you sustained was due to the negligence of your employer and a breach in his or her duty of care to provide you with a safe environment in which to work.
However, your claim for construction worker injury compensation may become far more complicated if it is argued that you did not consider your back injury sufficiently serious at the time of your accident to seek professional medical attention, and – if this argument is true – how much compensation for a construction worker injury you receive could be substantially reduced to reflect your own lack of care.
There are two main tools that a construction injury claims solicitor would use to refute the argument of contributory negligence – Your employer´s “Accident Report Book” and the testimonies of your work colleagues.
The “Accident Report Book” should contain a report of the accident in which you injured your back made by either yourself or your immediate supervisor and, as your injury has caused you to take more than seven days off from work, there should also be a report made by your employer to the Health and Safety Executive under RIDDOR regulations.
Your work colleagues who were working with you at the time of your accident should also be able to support your claim for construction worker injury compensation if they too were involved in manual handling activities where mechanical lifting aids should have been provided or where there was insufficient manpower to do the job safely.
There are also many other ways in which a construction injury claims solicitor would be able to support a construction worker injury claim depending on the circumstances in which your accident occurred and the general level of health and safety on the construction site. As these will vary according to your personal situation, it would be in your best interests to contact a construction injury claims solicitor at the first possible opportunity.