In this guide, we will look at the process of claiming if you were a contractor injured at work because of negligence. A contractor is defined by the Health and Safety Executive (HSE) as an organisation or individual who employs or engages construction workers directly. It can include sub-contractors, individuals, sole traders or self-employed workers. This article will focus on contractors who are also employees, meaning that they work under an employment contract.
This guide looks at the duty of care you’re owed as a worker and how this could be breached, resulting in an injury. We will look at what the claims process could entail and whether you’re eligible to receive damages.
Our advisors are ready to talk to you about your claim and help you through the claims process. They offer free legal advice 24 hours a day, 7 days a week.
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If you’re an employee at a workplace, this means that you’re owed a duty of care. This means that your employer needs to take all reasonably practicable steps to ensure your safety in the workplace.
If they fail in this duty of care, and you’re injured as a result, then you could be entitled to pursue compensation. You can only claim if you were injured, not just because a breach of duty took place.
This guide will give you information that you can use to tell whether a breach of duty of care led to your injuries. Furthermore, we’ll look at the different kinds of damages that could be included in a successful claim.
Finally, we will explain how a No Win No Fee solicitor could help you when making a claim, and how this kind of agreement is beneficial for funding legal representation.
For more information on claiming if you were a contractor injured at work, speak with an advisor today.
Employees, including contractors who are considered employees, are owed a duty of care according to the Health and Safety At Work etc Act 1974 (HASAWA). This states that your employer needs to take all reasonably practicable steps to ensure your safety in the workplace.
If they fail to take all of these steps, and you’re a contractor injured at work as a result, then this is an example of a breach of duty and you may be able to claim. It’s important to note that you must be injured in order to justify a claim. You cannot make a claim just because the duty of care you were owed was breached.
Furthermore, you cannot claim for all accidents that result in injury. It must have occurred because of negligence. If you were injured because of your own conduct, then you’d be unlikely to be able to claim unless you can show that it was a case of split liability, where both you and your employer were partly to blame for what happened.
Get in touch with us today; our advisors are ready to help you with your claim. This is a free service and is available 24/7, so you can ask any questions you need to.
What Are The Main Points Of The Health And Safety At Work Act?
The main points of the HASAWA are:
- Carry out risk assessments. Employers should conduct risk assessments to spot hazards and act upon them so that the hazard is reduced or removed altogether.
- Ensure staff are properly trained. Poor or lack of training could result in employees injuring themselves. For example, you might not be trained properly on manual handling techniques, meaning that you sustain a back injury because of this.
- Provide safe equipment. If you need to use equipment as part of your job role, then this should be properly maintained and safe to use. For example, if you climbed up faulty scaffolding and fell, you could sustain a head injury or broken leg.
If your employer has failed to do any of the above and you’ve been a contractor injured at work as a result, you could be entitled to claim. Speak with a member of our team for more information.
Statistics gathered by the Health and Safety Executive (HSE) reflect the year 2020/21 and the amount of non-fatal injuries. There were a reported total of 51,211 non-fatal injuries reported. Additionally, there was a reported total of 54 fatal injuries at work of which 34 were caused by internal injuries.
You might be wondering how the claims process works. In order to begin your claim, you would need to gather evidence. This would help strengthen your claim; it can also demonstrate the severity of your injury.
The first thing you should do is seek medical attention. Not only does this create a record of the injuries you’ve sustained to support your claim, but it also importantly ensures that you get the treatment you need.
After an accident, you could:
- Take photographs of the scene
- Gather witness contact details so that they can provide a statement
- Report the accident to your employer, and fill out the accident at work book if appropriate.
- Photograph your injuries
If you’re a contractor injured at work, get in touch to see whether you have a valid claim. If so, you could be connected with a No Win No Fee lawyer from our panel.
When you make a claim, your settlement can consist of two different heads. General damages cover the pain and suffering caused by the injuries you’ve sustained.
The Judicial College produces guidelines that solicitors can use when evaluating your claim. Take into consideration that all compensation claims would be different and thus affecting the amount of personal injury compensation you could obtain.
The figures present in the table are from the 16th edition of the Judicial College guidelines released in April 2022.
|Types of workplace injuries||Compensation Brackets||Description of Injury|
|Kidney||£169,400 to £210,400||There would be permanent and serious damage to or loss of both of the kidneys.|
|Chest Injuries||£100,670 to £150,110||Prolonged pain and suffering from serious heart damage or the removal of one lung.|
|Neck Injuries: Severe (ii)||£65,740 to £130,930||Serious fractures or damage to the discs in the spine, leading to the rise of disabilities.|
|Injuries to the Pelvis and Hips: Severe (ii)||£61,910 to £78,400||A dislocation or fracture of the pelvis that leads to impotence.|
|Hand Injuries: Serious Damage to Both Hands||£55,820 to £84,570||Injuries that would turn into permanent or cosmetic disability, with a significant loss of function.|
|Bowels||£44,590 to £69,730||Impairment of function from a severe abdominal injury, further restrictions on diet and possibly in employment.|
|Back Injuries: Moderate (i)||£27,760 to £38,780||Injuries such as crush fractures, compression fractures and any that has resulted in some form of disability that has resulted in constant pain.|
|Arm Injury: Less Severe||£19,200 to £39,170||A moderate recovery but there is still some significant disabilities|
|Shoulder Injuries: Serious||£12,770 to £19,200||A dislocated shoulder or damage to the nerves in the lower section of the shoulder.|
|Toe Injuries: Moderate||Up to £9,600||Injuries include fractures or lacerations to one or more toes.|
A medical assessment may be required to assess the severity of your injuries and determine the overall impact it has had on your life.
Special damages are the second potential head of your claim. They compensate for the financial losses you may have suffered as a result of the injury. This could include:
- Medical expenses
- Care costs
- Loss of earnings
- Travel expenses to and from medical appointments
Get in touch with us today; our advisors are ready to help you value your claim. This is a free service and is available 24/7, so you can ask any questions you need to.
You may have heard of No Win No Fee agreements, also called Conditional Fee Agreements (CFAs). This is an arrangement between you and solicitors and is a way of funding the work of a lawyer. It allows people to work with a solicitor when claiming without the worry of paying solicitors’ fees upfront or as the claim progresses.
If your claim is a success, then your lawyer will deduct a legally-capped percentage of your settlement. If you lose your claim, then you don’t pay a fee for your lawyers’ services.
Get in touch with us today; our advisors are ready to help you with your case if you were a contractor injured at work because of negligence. This is a free service and is available 24/7. Our advisors are happy to offer free legal advice.
Here is how you can get in touch:
Related Workplace Accident Claims
You might find some of our guides linked below useful if you were a contractor injured at work:
- Office accident at a work compensation claim
- Agency worker accident at work claim
- Scaffolding accident claims
Furthermore, we’ve also included some links to external resources that you might find useful:
If you require any further information on claiming if you’re a contractor injured at work, you can contact us today.
Written by EW
Edited by FS