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Falling Construction Debris Injury Claim

I have been told that my contributory negligence will affect my entitlement to claim compensation for falling construction debris striking workers, but I do not really know what that means. Please could you explain in plain English?

Question:

I have been told that my contributory negligence will affect my entitlement to claim compensation for falling construction debris striking workers, but I do not really know what that means. Please could you explain in plain English?

Answer:

There are two ways in which “contributory negligence” could affect a claim for falling construction debris injury compensation – assuming first of all that you have sustained an injury due to an employer´s negligence which entitles you to compensation for falling construction debris striking workers.

The first way is if you contributed to the severity of the injury by your own lack of care. It may not be the case that you were actually responsible for the falling construction debris, or the fact that it resulted in you sustaining an injury due to a lack of protection to those on the ground level. But you may have been more badly injured because you were not wearing a hard hat at a time you should have been or failed to heed warnings that a risk of injury from falling construction debris may occur.

It may also be the case that you contributed to the extent of your injuries by failing to seek medical attention at the earliest possible opportunity after being struck by falling construction debris. Injuries from such accidents may not manifest immediately, or may be internal injuries which are invisible to the naked eye. A failure to seek immediate medical attention would show a disregard for your own health and safety which may then be reflected in how much compensation for falling construction debris injuries you might be entitled to receive – especially if your condition deteriorated as a result.

If you are adjudged to have contributed to the severity or extent of your falling construction debris injuries, a percentage of blame will be attributed to you and your compensation for falling construction debris striking workers will be adjusted accordingly. Therefore, if you were considered to be 20 per cent liable for your injuries, you would only receive 80 per cent of your full entitlement to compensation for falling construction debris injuries.

For the most accurate advice on contributory negligence, and how it may affect your claim for compensation for falling construction debris striking workers, you are advised to speak with an experienced personal injury solicitor and explain exactly how it has been suggested that you contributed to your injuries. Thereafter the solicitor will be able to clarify whether any lack of care for your own safety will affect how much compensation you receive and then guide you through the process for making a falling construction debris injury compensation claim.