In this guide, we will discuss when you could make a sub-contractor accident claim for personal injury compensation. If you are subcontracted to work for a company, there could be several parties that owe a duty of care under workplace health and safety law, for example, your employer, the contractor or another third party that has a responsibility for your health and well-being.
Sub-contractor accident claim guide
Should someone who owes you a duty of care breach this duty, it could lead to an accident in which you sustain injuries. However, sub-contractor accidents at work will not automatically lead to a personal injury claim; they must have been caused by negligence and they have to result in injury.
As we move through this guide, we will explain the eligibility requirements that your case must meet in order for you to make a compensation claim. Also, we will look at the different types of accidents that a sub-contractor could experience and how you could prove the eligibility of your claim. Furthermore, we will explain the potential benefits of using an accident at work solicitor and what it would mean for you to enter into a No Win No Fee agreement.
Also, you can get in contact with our team at Legal Helpline to make any enquiries regarding your potential claim. Our friendly advisors are available to provide you with advice that is both free and confidential, 24 hours a day, 7 days a week.
You can:
- Call us for free on 0161 696 9685
- Contact us via our online form
- Use the live chat window on this webpage to connect with an advisor
Select A Section
- Could I Make A Workplace Sub-Contractor Accident Claim?
- Types Of Sub-Contractor Accident At Work Claims
- How To Prove You Were Injured At Work Due To Employer Negligence
- Estimating Sub-Contractor Accident Claim Payouts
- No Win No Fee Sub-Contractor Accident Claim
- Related Workplace Accident Claims
Could I Make A Workplace Sub-Contractor Accident Claim?
The Health and Safety at Work etc. Act 1974 (HASAWA) lays out the duty of care that employers owe to those they employ whilst at work. They must undertake all reasonably practicable steps to ensure your safety. This can include performing risk assessments, carrying out maintenance and maintaining good housekeeping.
Furthermore, those who are in control of a premises owe a duty of care towards those who use the space for the intended purpose. This is set out in the Occupiers’ Liability Act 1957. They must ensure the reasonable safety of those who are present in the space.
If someone owed you a duty of care at the time and place your sub-contractor accident took place, and they breached this duty, resulting in you sustaining injuries, you may be eligible to make a sub-contractor accident claim. A failure to adhere to a duty of care that causes injury is known as employer negligence.
Who May Be Liable For A Sub-Contractor Accident?
In the case of a sub-contractor accident claim, the party that could be liable for your injuries depends on how and where the accident occurred. For example, a team from the company you are employed by are subcontracted to build scaffolding on a construction site, but you have not been provided with workplace training by your employer. This leads to you falling from the scaffolding and sustaining injuries. In this case, you would make your potential claim against your employer.
However, you may be self-employed and harmed by the negligence of the party who subcontracted you to carry out work. If this is the case, then you could be entitled to make a claim against them for the harm they have caused you to sustain.
As well as establishing that negligence was the cause of the accident in which you were injured, it is also important that you ensure your claim is started within the limitation period. We will discuss this in the following section.
What Time Limits Could Apply To Sub-Contractor Accident Claims?
The Limitation Act 1980 states that the limitation period for beginning a personal injury claim is generally three years. This period can be applicable from the date of the accident. Although, if certain circumstances meant you were unable to start your claim within this time period, you may still be eligible to pursue compensation as certain exceptions can apply.
Please get in touch with a member of our team to enquire about the time limits applicable to your claim. Also, if you would like to ask about the exceptions to these time limits in relation to your claim, our advisors can provide you with information.
Types Of Sub-Contractor Accident At Work Claims
Sub-contractors may work in a variety of fields and industries. Therefore, there are various accidents that they could be at risk of. For example:
- A slip, trip or fall accident
- Being struck by a moving or falling object
- A manual handling accident
- A fall from a height
- Accidents caused by moving machinery
If you have sustained injuries due to negligence as a sub-contractor, please speak to a member of our team to find out whether you could have an eligible claim.
How To Prove You Were Injured At Work Due To Employer Negligence
To make a sub-contractor accident claim, it is crucial that you can present evidence of employer negligence. Therefore, you could gather the following to support your case:
- Photographic evidence
- Video evidence, e.g. CCTV footage
- A copy of your medical records
- A diary of the treatment you have received and the progression of your symptoms
- The report from the accident at work book
- Contact details of any witnesses to the accident
Talk to a member of our team to learn more about the ways in which you could prove your personal injury claim. What’s more, if you choose to use the services of a solicitor, they could help you to gather evidence.
Estimating Sub-Contractor Accident Claim Payouts
Up to two types of damages could be awarded if you were to make a successful sub-contractor accident claim: special and general damages. Firstly, general damages could compensate you, as a successful claimant, for the physical and psychological pain and suffering resulting from your injuries.
Below we will provide a table outlining guideline compensation brackets for various injuries that could potentially be sustained in a workplace accident. To make this table, we used the Judicial College Guidelines (JCG), which accident at work solicitors can also use to assist them in valuing general damages.
Please remember that this table is a guide and not an exact representation of the compensation you would receive.
| Type of Injury | Severity | Details | Guideline Brackets of Compensation |
|---|---|---|---|
| Paralysis | (b) Paraplegia | The level of compensation awarded within this bracket is affected by several factors, such as the presence and degree of pain, the person's age, and their life expectancy. | £219,070 to £284,260 |
| Brain Damage | (b) Moderately Severe | A person with serious disabilities, who will substantially depend on others and need constant care. | £219,070 to £282,010 |
| Brain Damage | (d) Less Severe | The person makes a good recovery, can return to work and partake in normal social activities. | £15,320 to £43,060 |
| Amputation of Arms | (b)(iii) Loss of One Arm | Amputation of the arm below the elbow. | £96,160 to £109,650 |
| Foot Injury | (b) Amputation of One Foot | Loss of the ankle joint. | £83,960 to £109,650 |
| Back Injury | (a)(ii) Severe | Injuries with special features, such as damage to nerve roots with associated loss of sensation, impaired bladder and bowel function, and further problems. | £74,160 to £88,430 |
| Hand Injury | (e) Serious | Injuries that reduce the hand to around fifty percent capacity. | £29,000 to £61,910 |
| Wrist Injury | (b) Significant Permanent Disability | The injury leads to a significant permanent disability but some useful movement does remain. | £24,500 to £39,170 |
| Arm Injury | (d) Simple Fractures | Fractures of a simple nature to the forearm. | £6,610 to £19,200 |
| Leg Injury | (c)(ii) Less Serious | No damage to articular surfaces but simple fractures of a femur. | £9,110 to £14,080 |
Could My Claim Be Awarded Special Damages?
Should your workplace injury claim be successful, you could receive special damages to compensate you for the financial losses incurred as a result of your injuries.
Below we will provide a list of some of the financial losses for which you could receive special damages:
- Travel expenses
- Housing adaptations
- Care costs
- Loss of earnings
To support a claim for financial losses, you should provide evidence. This could involve travel tickets, payslips, receipts and invoices, for example.
Would you like an estimate of the compensation amount that you may be eligible to receive? If so, contact a member of our team today.
No Win No Fee Sub-Contractor Accident Claim
You are not under an obligation to use a solicitor when making a sub-contractor accident claim. However, a solicitor can provide services that could be beneficial to you and your claim.
For example, they can provide expert advice and help you to gather evidence for your case. What’s more, a solicitor could extend you the offer of working under a Conditional Fee Agreement (CFA), a type of No Win No Fee agreement.
Under this type of agreement, you generally won’t make payments for the services your solicitor provides either upfront, as your claim is ongoing, or in the circumstance that your claim fails.
On the other hand, if your claim succeeds, your solicitor can take a success fee. This is a small percentage taken from the compensation, which the law caps.
Speak to our team at Legal Helpline for a free consultation, where our advisors can determine whether you may have legitimate grounds to bring forward a personal injury claim. If they find that you may, they could place you in correspondence with one of the No Win No Fee accident at work solicitors from our panel.
Get In Touch With Our Team
Please don’t hesitate to reach out to a member of our team to discuss your potential sub-contractor accident claim.
You can:
- Call us for free on 0161 696 9685
- Contact us via our online form
- Use the live chat window on this webpage to connect with an advisor
Related Workplace Accident Claims
Please find more information on workplace accident claims by exploring various guides on our website:
- Could I Claim If I Am Unable To Work After An Injury?
- A Guide To Fatal Accident At Work Compensation Claims
- I Had An Accident At Work, Could I Claim After Leaving The Company?
In addition to these, you can also take a look at the following external links:
- First aid in work – The Health and Safety Executive HSE
- When to go to A&E – NHS
- Employment status – GOV.UK
Thank you for reading this guide to when you could make a sub-contractor accident claim. If you have any remaining questions, please don’t hesitate to speak to our team using the details provided in this guide.
Written by JO
Edited by FS