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UK Construction Injury Claims

In the UK, construction injury claims have to be handled with great skill to ensure that the claimant receives an adequate settlement of construction injury compensation to cover any ongoing medical costs they may have and replace any loss of income. If you, or somebody close to you, have suffered a construction site injury due to the negligence of an employer or site manager, you should speak with one of our experienced construction injury claims solicitors on our freephone helpline to establish that you have UK construction injury claims for compensation which are worth your while to pursue and to obtain helpful and impartial advice about making construction injury claims in the UK.

Essex School Fined for Maintenance Worker´s Fall from Height

August 11, 2016

An Essex school has been fined £40,000 and ordered to pay £1,477 costs for a maintenance worker´s fall from height at a hearing of Chelmsford Crown Court.

Keith Chandler (63) was a member of a maintenance team restoring the Grade II listed Newnum House when, on February 17th2015, he fell 2.6 metres from the roof of a bay window he was helping to repair. As a result of the maintenance worker´s fall from height. Keith suffered five damaged vertebrae a bruised kidney and a hairline fracture of his shoulder.

Despite being able to return to work within six weeks, Keith is still unable to climb ladders or lift heavy loads eighteen months after his maintenance worker´s fall from height. The accident has also had an impact on his personal live. The pain Keith experiences in his back prevents him from enjoying his leisure time playing with his grandchildren.

An investigation into the maintenance worker´s fall from height was launched by the Health and Safety Executive (HSE). Inspectors found that Keith´s employers – the Brentwood School in Essex, on whose grounds the listed building is located – had breached Regulation 4(1) of the Work at Height Regulations 2005 by failing to conduct a risk assessment or install guardrails.

The HSE prosecuted the Brentwood School´s trust – the Brentwood School Charitable Incorporated Organisation – and a hearing to hear the charges was held this week at the Chelmsford Crown Court before Judge Charles Gratwicke.

At the hearing, Judge Gratwicke was told that although health and safety policies existed, they were rarely enforced. The school´s former maintenance manager – Anthony Bridger – told the judge that the policies were difficult to enforce because the maintenance team consisted of tradesmen who were “old school and just wanted to get on with the job in the easiest way”.

Representatives of the Brentwood School acknowledged that the work was not closely supervised and admitted liability for the maintenance worker´s fall from height. Judge Gratwicke fined the school £40,000 and ordered it pay £1,477 costs – commenting that the outcome could have been much more serious if Keith had landed on his head when he fell.

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Smaller Compensation Claims for Personal Injuries to be Settled Quicker

August 5, 2013

Smaller compensation claims for personal injuries are to be settled quicker following reforms introduced by the Legal Aid, Sentencing & Punishment of Offenders Act which came into place on 1st August 2013.

The new Civil Procedure Rules governing court action in England and Wales have been amended in order to reduce the time it takes to settle personal injury claims with a value of up to £25,000 when a single party is responsible for an injury occurring and liability is admitted by their insurance company.

Not all compensation claims for personal injuries fall under the new rules – for example, claims for medical negligence still have to go through a lengthy process – but most claims for personal injuries in road traffic accidents, personal injuries sustained in an accident at work and those acquired in a place of public access (public liability claims) should be settled up to three months quicker than previously.

The reforms are being applied to the Ministry of Justice´s “claims portal” – a database on which solicitors register their clients´ claims – and whereas previously insurance companies could take twenty-one days to acknowledge receipt of a solicitor´s “Letter of Claim”, they now have to act within 24 hours.

Furthermore, insurance companies could previously take 90 days before informing a solicitor whether or not they accepted their policyholder´s responsibility for an accident and injury. They are now allowed only 30 days in the case of claims for personal injuries in road traffic accidents and public liability claims, and 40 days when a claimant has suffered an injury at work due to their employer´s negligence.

Should insurance companies fail to adhere to the new regulations, the claim will be removed from the Ministry of Justice´s claims portal and any increase in costs will have to be assumed by the insurance company irrespective of whether they successfully defend the claim or not.

The new rules apply to compensation claims for personal injuries in which an injury has been diagnosed on or after the 1st August, and only apply to injuries sustained in England and Wales that the claimant was not partly responsible for due to their own lack of care. Further exclusions apply to the reforms applied to compensation claims for personal injuries and therefore it is always in your best interests to discuss the nature of your accident and injury with a solicitor at the first moment possible.

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Child Receives Compensation in Construction Injury Claims Action for Scar Injury after Trip and Fall

February 11, 2012

A girl from Dublin is to receive 20,000 Euros in a construction injury claims action for scar injury after she tripped and fell into a hole dug by a local construction company.

Kodie Geoghegan Dowdall (12), was just seven years of age when she tripped and fell into the hole, in December 2006, while on her way to visit her aunt. Despite receiving immediate medical treatment for her injuries, Kodie developed a scar which failed to heal and, through her mother, made an accident injury compensation claim against the construction company – SIAC Construction .

SIAC Construction denied responsibility for the incident, however made an offer of compensation for scar injury without admission of liability. In the Circuit Civil Court, Mr Justice Matthew Deery heard that the offer of 20,000 Euros would be adequate for Kodie to receive rehabilitation treatment once she turned eighteen to have the scar removed.

Approving the compensation for scar construction injury, Mr Justice Matthew Deery ordered the funds to be paid into court – a normal procedure in child accident compensation claims – until such time as Kodie is old enough to have the revision surgery performed.

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