I have been off work for a year after being electrocuted on a building site due to an ungrounded live wire, but my employer says that I am not entitled to claim for an electric shock on a construction site accident because the faulty wiring was due to a work colleague´s negligence and not his. Is this right?
Even if the faulty wiring was due to a work colleague´s negligence, you should still be eligible to claim for an electric shock on a building site accident against your employer as he or she has the ultimate responsibility for your health and safety and for providing you with a safe environment in which to work.
Your employer´s health and safety responsibilities extend beyond providing you with personal protective equipment or checking that scaffolding is erected securely, as your employer is also responsible for assessing any risks of injury which exist on the building site and ensuring that they are eliminated wherever possible.
Therefore, you will be entitled to claim compensation for an electric shock on a construction site accident if it can be shown that your employer did not arrange for testing to ensure that the electric cable which electrocuted you was safe when it was laid or ensure that the testing was carried out satisfactorily.
However, as your employer has already indicated that he is likely to contest any claim for an electric shock on a building site accident, it would be in your best interests to speak with a construction accidents solicitor and discuss the circumstances of your electric shock on a construction site accident. A solicitor will initiate an investigation into the cause of your accident – if one has not been carried out by the Health and Safety Executive already – and establish that your employer is liable for your injuries.
Your solicitor will then send a Letter of Claim to your employer, informing him or her that a claim for an electric shock on a construction site accident is being made against them and supporting the letter with the evidence that has been collected to justify your claim. Your solicitor will also work out how much compensation for an electric shock on a construction site accident you are entitled to and – once liability for your injury has been acknowledged – invite your employer to settle.
If there is any dispute over liability or how much compensation for an electric shock on a construction site accident you are entitled to, your solicitor will issue court proceedings – an action which frequently results in an out-of-court settlement by your employer´s insurance company which, in turn, eliminates the need for an appearance in court.
Organising the investigation into your electric shock on a construction site injury and assessing the value of your claim may take a little time, so it is therefore recommended that you contact a construction accidents solicitor at the first practical opportunity.