Construction site accidents
Construction site workers face physical dangers every day at work. There is strict health and safety legislation requiring employers to ensure that their workers are properly trained and have the correct equipment. If you have suffered an accident, our personal injury lawyers can help.
Sophie Davies Partner
“They punch well above their weight. The quality of service they provide equals that of any of the larger top-name firms in this area.”
“A niche firm that punches well above its weight in the catastrophic injury sector, borne out by the quality of work they obtain.”
At risk workers
Despite the protection of the law, there are many construction workers who are at particular risk and may be reluctant to claim for any injuries. Those most at risk tend to be ‘casual’ workers who are registered as self employed under the Government’s Construction Industry Scheme.
There may be up to 1 million casual workers with self employed status in the UK. Most of them are not truly self employed, but are described as such to allow them to be engaged, often by agencies, without national insurance payments and with reduced worker safety rights.
London construction site claims
In London’s large construction sector nearly 40% of all workers are migrants. Bulgarians and Romanians now enjoy the same freedom of movement as workers from other European Union states, so they can officially work here as ’employed’ or as ‘self employed’ construction workers.
Many of our construction industry clients work with self employed status and we are still able to bring successful claims for nearly all of them. This is because in many cases we can show that the relationship is in reality one of employer-employee and in any event there are still health and safety duties owed to the self employed. If a self employed worker is injured because of the negligence of another worker or organisation he will still be able to bring a claim.
Help to make an injury claim
Some construction site workers are reluctant to bring a claim because they may lose their job. In reality most are not kept on if they are unable to work through injury anyway, because their self employed status means they are not eligible for sick leave or sick pay. For employees with full employment status, they would have a further claim, for Unfair Dismissal, if the employer sacked them because they were off work on sick leave.
The employer is required by law to have liability insurance for worker accidents and so in practice the claim is dealt with and paid for by the insurers, and the employer accepts this. So it is rare for the employer to want to take any action against the employee.
Another reason a migrant construction worker might be reluctant to bring a claim is because of issues with their immigration status. We can usually advise on these issues and most claims will still succeed. Please contact us for free no obligation advice on a personal injury claim.
Due to the nature of the work those working in the construction injury are at increased risk of sustaining a head injury after an accident. Find out more about our expertise in serious head injury accident claims.
Recent case study
Mr C worked for a plant hire company. He drove a low loader lorry to a construction site and unloaded the vehicles from the back. There was a dumper truck and two diggers, all chained together. The wheels were caked in mud. As he reversed one of the diggers off the back of the lorry the tyres could not grip on the surface of the low loader and it slid off the side, landing on its roof.
The legal case against them was that it was foreseeable that the vehicles’ tyres would be covered in mud because they had been used on construction sites; the employers should therefore have ensured that there was a supply of sand and a shovel in the lorry or that arrangements were made with the site main contractors for the wheels to be hosed down on arrival at the site.
Mr C was fortunate to escape with only a fracture to his ankle. The fracture needed surgery but he recovered well and was back at work within six weeks.
The employers denied liability and so court proceedings were issued but their insurers obtained a barrister’s advice after which they agreed to deal with the claim. Liability was then admitted and the case was settled for £8000 damages plus the legal costs.
The team provides fantastic strength-in-depth for personal injury claims. It is also particularly well placed to service clients from Eastern Europe with specialist native language speakers. From the smallest case to a multimillion-pound spinal injury case, Osbornes has the right staff to manage every claim.
Ben Posford remains pre-eminent in his field with expert understanding of litigating cases of the upmost severity. His experience builds on Stuart Kightley’s running of the firm with recent partner additions of Rob Aylott making a fantastic addition.
A firm going from strength-to strength-which retains its client care whilst being able to offer a full personal injury service.
Beneath Ben Posford’s calm and reassuring presence, which clients love, lies a formidable tactical and legal brain. His experience tells and he gets it right at every stage of the process from arranging the best possible rehabilitation, to ensuring, so far as possible, a polite relationship with those acting for the defendant in order to ensure best and early resolution of the claim.
"Clients say he is very impressive, in terms of both his experience and his management of the personal injury team."
"They have an expanding profile in personal injury and clinical negligence and offer a superb, broad service in accidents abroad, enabled by their recruitment of bilingual legal executives who can guide non-English speakers through complex litigation."
"Solid personal injury practice well equipped to advise on high-value and high-profile claims arising from fatalities and severe head and spinal injuries."
"Offers specialist expertise in cycling-related injury claims."
"Offers specialist expertise in cauda equina syndrome cases."
"An exceptional outfit. They take on difficult cases, fight hard and win."
"Stuart Kightley is an incredibly empathetic solicitor who is very knowledgeable about traumatic brain injury."
"They are an outstanding firm to work with. They are consistently impressive in their work."
"Osbornes has a growing influence and impressive work load and is gaining a reputation for handling complex catastrophic work."
"Osbornes often handles claims valued at over £1m, particularly relating to severe brain and spinal cord injuries and niche areas such as cauda equina syndrome and cycling accidents."
"The hard-working, thorough and committed Robert Aylott, who brings significant heavyweight personal injury experience."
"Key team members include the energetic and personable Stuart Kightley who is head of the personal injury department."
"Catastrophic injury cases head Ben Posford is an excellent practical litigator who offers exceptional service."
Thank you for the hard work and patience and for being so patient with my constant questions.
"I have found Osbornes to be thorough, clear and understanding from the initial call. They do exactly what they say they will and with passion! I would recommend them to anyone".
Very good efficient service. Would not hesitate to use again.
I will use Osbornes for any future needs.
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