Can I claim injury compensation for falling from construction scaffolding? I recently hurt my back after falling from scaffolding, but my employer insists I was safe as I was wearing a harness.
It will be possible to claim injury compensation for falling from construction scaffolding if the negligence of your employer can be proven. Your employer says that you were not at risk of injury as you were wearing a harness, inferring that the injury was your own fault. However if the harness had been working correctly, your injury should not have occurred. The fact remains that your employer has a duty to provide you with a safe working environment, and failing in this duty makes them liable for injury compensation.
Determining liability for injury compensation for falling from construction scaffolding can depend upon various factors. If you were wearing a harness at the time of your accident, there are some possibilities as to why it didn’t work. One is that the harness was worn down or was of a poor standard. This is possible if your employer is trying to cut costs in the workplace. However this is not an excuse for your employer to put cost ahead of safety and if this is the case they may be liable for your injury. There is also the prospect that the harness was incorrectly applied. Again, your employer could have been responsible for your injury if you had not been adequately trained in its usage.
However it is also possible that you were at least partially responsible for your own injury. This could happen if the harness had been incorrectly applied but you were suitably trained in its usage. If you failed to apply your training, contributory negligence can affect your compensation. There is also the possibility that you declined to seek immediate medical attention for your injury. If you continued working until the stage that you were in agony, your employer will not be liable for your injury beyond the initial accident.
After you have sought medical treatment you are advised to consult a personal injury solicitor with regards to making a claim to compensation. Sometimes liability may be difficult to determine and the claim may not be a straightforward affair. Because of this it is useful to have the advice of an experienced solicitor, through whom you can initiate a claim, determine the strength of your claim and estimate the amount of compensation to which you may be entitled. As the statute of limitations places a time limit upon claiming injury compensation for falling from construction scaffolding, you are advised to consult a personal injury solicitor at the earliest opportunity.