Carrs win construction workers head injury case

Carrs Solicitors have recently won a compensation claim in relation to head injuries sustained by a construction worker Mr C as a result of an employee of a main contractor causing heavy objects to fall from height by continuing to use a builder's chute that had become displaced, contrary to the contractor’s obligations under the Work at Height Regulations and Management of Health and Safety at Work Act 1974.

In construction site accidents there would often be an initial delay in getting the various contractors to respond and pass the claim to their third party liability insurers. The position has improved in 2013 with the inception of the Employers Liability Tracing Office Scheme through which we can gain direct access to the relevant insurer in many cases. The various parties often pass the blame but the claimant is entitled to recover 100% of their compensation against any single party found to have civil liability because where more than one party is responsible they are each considered are ‘joint and severally liable.’

In this case liability was denied as the contractors initially tried to blame our client and in turn his employer. However ‘control’ of the activity in question (a key factor under both the Construction Design and Management Regulations 2007 and the Work at height Regulations 2005) was in this instance the responsibility of the main contractor. The contractor in question condoned an unsafe system of work and in any event was liable for the negligent acts of its own employee under the doctrine of “vicariously liability”who failed to take the most basic precautions in the interest of his colleagues safety.

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If you have been injured in a construction accident at work, get in touch with the specialists work accident solicitors at Carrs to make a compensation claim. Call 01204 496898 today or fill our online contact form.