In this guide, we will explore when can you claim for a back injury in construction work. We will set out the eligibility criteria that must be met in order to have a valid personal injury claim, and who may owe you a duty of care while working on a construction site.
Additionally, we will provide examples of construction accidents that could cause you to suffer a back injury and may lead to an accident at work claim. We will also discuss the types of evidence that could be used to support your claim.
Furthermore, we will explain how compensation is calculated in personal injury claims and the different heads of loss that may form your settlement. We will end this guide by looking at the various advantages of working with one of the construction accident solicitors on our panel on a No Win No Fee basis.
If you have any questions regarding building site injury claims, you can contact the advisors on our team. As well as answering your questions, they can also offer your free advice for your case. Connect with our team today by:
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- Can You Claim For A Back Injury In Construction Work?
- Common Causes Of Back Injuries At Construction Jobsites
- Evidence That Could Help You Claim For A Back Injury In Construction Work
- What Back Injury Claim Amount Could You Receive Following A Construction Accident?
- Make A No Win No Fee Claim For Back Injuries On A Construction Site
- Learn More About When Can You Claim For A Back Injury In Construction Work
All employers are required to take reasonable and practicable steps to help ensure the safety of their employees while they are working. This is their duty of care, and it is set out under the Health and Safety at Work etc. Act 1974.
Furthermore, The Construction (Design and Management) Regulations 2015 was brought into place to help those responsible for construction sites to take steps to improve the safety and health for those working on a construction site and the industry as a whole.
Many different companies can be working on a construction site, including plumbing, electric and scaffolding. Additionally, there may be a contractor and site manager, if these roles are not being carried out by your employer. A duty of care may be owed by each of these. This means that not all injuries suffered on a construction site will necessarily be the fault of the employer. In certain cases, the contractor, sub-contractor or a different company could be liable. Therefore, who you make your claim against will depend on which party is found to be liable for the accident and the injuries suffered.
To have a valid personal injury claim, you must be able to meet the following eligibility criteria:
- A duty of care was owed to you.
- This duty of care was breached.
- As a result of this breach, you suffered an injury.
Contact our advisors if you are still unsure when can you claim for a back injury in construction work. They can also offer you free advice for your case.
There are various ways that you could suffer a back injury while working on a construction site. However, you must remember, that in order to have a valid personal injury claim, your injury must have been caused by someone breaching the duty of care they owed you.
Some examples of building site accidents that may lead to a back injury include:
- An employee was not provided with sufficient manual handling training. Due to this, they suffered a soft tissue injury in their back due to poor lifting technique.
- Some scaffolding on a construction site was not constructed properly. Due to this an employee falls from a height and suffers multiple injuries such as a serious spine injury and a head injury.
- A loader malfunctions due to it not being regularly maintained. This causes it to crash into an employee and they suffer an injury to their back.
These are only a few examples. Your particular circumstances may be different, so please get in touch with an advisor to see whether you may have a valid claim.
If you are eligible to make a building site accident claim, it is important to gather as much supporting evidence as you can.
Some examples of the evidence that could be used for construction accident claims include:
- A copy of the accident. report in the workplace accident book.
- Photographs of your visible injuries and the accident site.
- Video footage of the accident taking place, such as CCTV.
- The contact details of anyone who witnessed your accident that could provide a statement later on.
- A copy of your medical records detailing the injuries you suffered and their treatment.
If you decide to work with a solicitor on your case, they could help you with gathering this evidence. Contact our advisors today to see whether you may be able to work with one of the solicitors on our panel.
Compensation settlements for successful personal injury claims can be made up of two heads of loss.
The first is known as general damages, and it compensates you for the physical and mental pain and suffering your injury has caused you to experience. General damages is awarded in all successful claims.
Those responsible for valuing your general damages can refer to the Judicial College Guidelines (JCG) for guidance alongside medical evidence. The JCG lists guideline compensation brackets for different injuries, both psychological and physical.
For the following table, we have used some of the compensation guidelines listed within the JCG that correlate with back injuries. Please only use it as a guide, as how much compensation you could receive will be affected by the factors of your case. Also, it should be noted that the first entry of this table has not been taken from the JCG.
|Multiple Severe Injuries and Special Damages
|Cases of multiple severe injuries and compensation under special damages for lost earnings, medical expenses and care costs.
|Up to £1 million +
|(a) Severe (i)
|The most severe types of injury involving damage to the spinal cord and nerve root that causes severe pain and disability.
|£91,090 to £160,980
|(a) Severe (ii)
|Cases of damage to the nerve root that causes associated sensory loss, as well as impaired mobility, bladder and bowel function.
|£74,160 to £88,430
|(a) Severe (iii)
|Disc fractures or lesions to the vertebral bodies which give rise to chronic problems such as severe discomfort and pain.
|£38,780 to £69,730
|(b) Moderate (i)
|Compression/crush fractures in the lumbar vertebrae region leaving a substantial risk of osteoarthritis and constant pain.
|£27,760 to £38,780
|(b) Moderate (ii)
|This award bracket covers injuries such as disturbance to the muscles and ligaments, giving rise to backache.
|£12,510 to £27,760
|(c) Minor (i)
|Where there is a full recovery seen without the need for surgery within approximately 2 - 5 years for a minor back injury such as a sprain or soft tissue injury.
|£7,890 to £12,510
|(c) Minor (ii)
|A complete recovery takes place without the need for surgery within a period of approximately 1 - 2 years.
|£4,350 to £7,890
|(c) Minor (iii)
|A full recovery occurs without the need for surgery within 3 months to 1 year.
|£2,450 to £4,350
|(c) Minor (iv)
|Cases where a total recovery is made within a 3 month period.
|Up to £2,450
Can You Claim Special Damages As Part Of Your Back Injury Compensation?
Special damages is the second head of loss that could form your compensation settlement if you make a successful construction site accident claim. It compensates you for the financial losses you have experienced due to your back injury. This could include:
- A loss of earnings due to taking time off work due to your injuries.
- Medical expenses such as paying for prescriptions.
- The cost of care, if your injuries required you to need at-home care.
- Travel expenses, such as taxi fares, to essential appointments.
To have special damages included as part of your claim, it is essential that you can prove these losses with documented evidence. Payslips, bank statements, invoices and receipts could all be used as evidence to prove your financial losses.
Contact our advisors today if you have any questions regarding the building site accident claims process. They can also offer a free valuation for your specific case.
Now that you have received information on when can you claim for a back injury in construction work, you may be wondering what are some of the benefits to working with a solicitor on your construction accident claim.
Working with a solicitor throughout the claims process comes with various benefits. For example, a solicitor can help gather evidence on your behalf, explain any legal terms that are used throughout the claiming process and negotiate a compensation settlement on your behalf.
Furthermore, the solicitors on our panel can offer to work on construction site accident claims on a No Win No Fee basis under a Conditional Fee Agreement. Under this arrangement, you usually won’t be expected to pay any service fees to your solicitor either at the start of your claim or while it is progressing. Additionally, you will not need to pay them for their work should your claim fail.
If your construction injury compensation claim succeeds, your solicitor will deduct legally capped percentage from your compensation. This is know as a success fee.
Contact Our Team
Contact our advisors today if you still have any questions regarding when can you claim for a back injury in construction work. They can also offer you free advice for your case and may connect you with one personal injury solicitors on our panel.
To find out whether you may be eligible to claim compensation for your construction site accident, you can contact our advisors via the following methods:
- Call us on 0161 696 9685
- Contact us online to receive a callback.
- Use the live chat feature at the bottom right of this website.
More guides by us:
- Read about the potential compensation payout for a broken back in this guide.
- This guide looks at a £1 million payout for spinal cord injury at work.
- Here are some FAQs on how building site claims work.
Finally, some external resources to help:
- This article is a guide to lumbar decompression surgery from the NHS.
- This article looks at back pain in the workplace by the Health and Safety Executive (HSE).
- Guidance on when can you receive statutory sick pay (SSP) from Gov.UK.
You can contact our advisors if you are still wondering when can you claim for a back injury in construction work.