Have you suffered an arm injury while working on a construction site due to a third party breaching their duty of care? If so, you might be wondering whether you’re eligible to make a personal injury claim for an arm injury in construction. Throughout this guide, we discuss the eligibility criteria that need to be met in order to have valid grounds to pursue compensation and the evidence you could gather to strengthen your case.
Additionally, we look at the duty of care different parties may owe on a construction site and how a breach of this could lead to an arm injury being suffered by a worker.
Furthermore, we discuss how compensation payouts are calculated in construction site accident claims and how they can address the different impacts of your injury.
We close the article by explaining how one of the No Win No Fee personal injury solicitors on our panel could take up your construction accident claim and the terms under which they could offer their helpful services.
To find out more about your potential compensation claim, you can get in touch with our team of helpful advisors. You can reach them via any of the following contact details below:
- Call on 0161 696 9685.
- Contact us online.
- Use the live chat feature below to discuss how to claim compensation.
Browse Our Guide
- When Are You Eligible To Claim For An Arm Injury In Construction?
- How To Prove A Claim For An Arm Injury In Construction Work
- Examples Of How Negligence Could Lead To Arm Injury Compensation Claims
- Calculating An Arm Injury Compensation Amount For Construction Site Accident Claims
- Claim For An Arm Injury In Construction On A No Win No Fee Basis
- Read More About Arm Injury Claims
Employers owe their employees a duty of care with regard to their health, safety, and well-being. This is laid out by The Health and Safety at Work etc. Act 1974, (HASAWA) and requires employers to take reasonably practicable steps to prevent employees from sustaining harm while they’re at work and performing their work-related duties
In addition to HASAWA, the central piece of workplace health and safety legislation, other laws have also been enacted to help those responsible for construction sites to improve health and safety in the industry. For example, The Construction (Design and Management) Regulations 2015 helps those responsible to sensibly plan any construction work and ensure any risks are managed from start to finish as well as ensure workers are consulted and informed about the risks.
It’s important to be aware that there may be various companies working on a construction site, including scaffolding, electric, and plumbing companies. Additionally, they may also be a site manager and main contractor, if they are different to your employer. Each of these may owe a duty of care. For that reason, your employer might not necessarily be liable for a construction accident and any injuries sustained. Instead, a different company, contractor, or sub-contractor could potentially be liable. As such, who you make your claim against will depend on liability.
There are also a set of eligibility criteria that your claim for an arm injury in construction must meet to be valid:
- You were owed a duty of care.
- This duty of care was breached.
- This resulted in a physical and/or psychological injury.
These criteria form a definition of negligence in tort law which needs to be proven for a personal injury claim to be valid.
For further guidance on construction injury claims, please contact an advisor on the number above.
In order to prove you suffered an injury due to a breach of duty, you should gather evidence. For example, you could collect the following to support your claim for arm injury compensation:
- A copy of the entry made in the on-site accident book detailing the date, time, and cause of the accident as well as what injury you suffered.
- Photos of the accident scene and your injury.
- CCTV footage of the accident.
- The contact details of any witnesses so that witness statements can be taken at a later date.
- Copies of your health records such as medical records showing the treatment and diagnosis you received.
If you have an eligible claim, you could instruct an expert personal injury solicitor from our panel to represent you. They have experience handling construction injury claims and could ensure you have a thorough body of evidence to support your case.
To find out whether you’re eligible to make a claim for an arm injury in construction, please contact an advisor on the number above. If they find you have valid grounds to proceed, they may be able to connect you with a knowledgeable solicitor who could begin working on your case.
There can be many hazards posing a potential risk of injury on construction sites. If these hazards aren’t addressed, it could lead to a construction accident. Examples of how this could occur and result in an injury can include:
- An employee is instructed to work from a height without any risk assessments being carried out beforehand. As a result, the worker falls from a height due to a lack of safety guards and sustains multiple injuries, including a broken forearm injury.
- The necessary personal protective equipment (PPE) wasn’t provided to an employee working with hazardous substances, such as gloves and goggles. As a result, the employee suffers a chemical burn injury to their hands and arms. PPE must be provided to reduce the risk of injury posed by a hazard if the risk cannot be removed completely.
- There is a failure to ensure work equipment is safe for use and maintained adequately. As a result, when using a circular saw, a fault with the machinery means an employee suffers a traumatic amputation injury to their arm.
Not all injuries suffered in construction will form the basis of valid construction accident claims. You must prove negligence occurred in order to seek compensation.
If you want to learn more about claiming against a negligent third party for a construction injury, call our team on the number above. They can discuss your specific case and help you understand whether you have valid grounds to proceed with your case.
Following a successful construction injury claim, you could be awarded a settlement comprising up to two heads of loss. General damages compensate you for the pain and suffering of your injury, physical, mental, or both together.
You may need to attend an independent medical assessment as part of the claims process. This can generate a medical report detailing the full extent of your injury and how its impacted your quality of life. This report can then be used alongside the Judicial College Guidelines, (JCG) to help value general damages. The JCG contains guideline compensation brackets for different injuries at varying levels of severity.
The table below contains an excerpt from the JCG, with the exception of the top entry. However, the amounts listed are not guaranteed amounts as arm injury compensation claims are valued according to individual circumstances.
|Type of Injury
|Guideline Award Brackets
|Multiple Severe Injuries and Special Damages
|Settlements can consist of compensation for the mental and physical impact of several severe injuries alongside the financial losses incurred as a result, including loss of earnings, care costs, and medical expenses.
|Up to £1 million plus
|(a) Loss of Both Arms
|The overall effect is to reduce someone with full awareness to a state of considerable helplessness.
|£240,790 to £300,000
|(b) Loss of One Arm (i)
|Cases where the arm is amputated at the shoulder.
|Not less than £137,160
|(b) Loss of One Arm (ii)
|An amputation of one arm above the elbow.
|£109,650 to £130,930
|(b) Loss of One Arm (iii)
|One arm is amputated below the elbow.
|£96,160 to £109,650
|Other Arm Injuries
|Injuries that are extremely serious, such as a serious brachial plexus injury, but fall short of the need for amputation. Despite this, the injured person is left little better off than if the arm had been amputated.
|£96,160 to £130,930
|(b) Permanent and Substantial Disablement
|Serious fractures to either one or both forearms leaving significant permanent residual disability of either a functional or cosmetic nature.
|£39,170 to £59,860
|(c) Less Severe
|Despite significant disabilities, a substantial level of recovery either takes place or is expected to.
|£19,200 to £39,170
|Cases of simple fractures of the forearm.
|£6,610 to £19,200
Claiming Financial Losses After Construction Industry Accidents
You could also receive special damages to compensate for the financial losses you have incurred due to your injury after a successful arm injury claim. Examples of the costs you could claim back include:
- Loss of earnings either past or future.
- Medical costs, such as for prescriptions.
- Costs for any domestic care.
- The costs for changes needed to your home or vehicle.
- Travel costs, such as taxis or public transport to and from hospital appointments.
You should keep hold of any evidence, such as receipts, payslips, and invoices, to prove any financial losses incurred.
To find out what you could potentially be owed if you make a successful claim for an arm injury in construction, call our team on the number above. They can provide a free valuation of your specific case.
If you want to learn more about how a personal injury solicitor from our panel could handle your arm injury claim, we can help. Our advisors offer a cost-free no obligation assessment in which they can connect you with a solicitor should you have valid grounds to proceed with your case.
The solicitors on our panel are able to offer their services under a type of No Win No Fee agreement. The particular kind of contract they offer is called a Conditional Fee Agreement (CFA) which offers the following advantages:
- No fees are required upfront for the solicitor to start working on your case.
- No fees are needed for the solicitor’s services as the claim moves forward.
- You won’t pay your solicitor for their completed work on your claim if it fails.
Under the terms of a CFA, a legally capped percentage needs to be paid from the compensation if the claim is a success. This acts as a success fee for the solicitor. However, the legal cap on the percentage they can take means you always receive the most of the awarded payout.
For further guidance on arm injury claims, including when you could be eligible to seek compensation and how a solicitor from our panel could assist under No Win No Fee terms, get in touch with our team. To reach them, you can:
- Call on 0161 696 9685.
- Contact us online to enquire about your potential arm injury compensation claim.
- Use the live chat feature below.
For more helpful guides relating to personal injury claims:
- Find out how to make a heavy equipment accident claim against a negligent employer and the steps you could take to secure a settlement.
- Learn if you could claim for an eye injury in a construction accident and what compensation payout could potentially be awarded.
- Discover if you could claim for injuries caused by inadequate training in the workplace and what steps you could take to strengthen your claim.
For more external resources:
- Information about Statutory Sick Pay (SSP) from GOV.UK
- Advice on working at a height from the Health and Safety Executive.
- Guidance on what to do if you have suffered a broken arm or wrist injury from the NHS.
If you have any other questions about how to claim for an arm injury in construction, call our helpful team using the contact details provided above.