Significant compensation was recently recovered for a client who was injured whilst working on a construction site.
The claimant suffered a serious leg injury when his foot slipped between two scaffold boards at first floor level on a housing development site.
The scaffold boards had not been properly secured and, due to their position near the loading bay, they were subject to heavy footfall which caused a lot of movement in the boards. As they were also right next to an open and large window bay, there was also a lot of room for boards to move.
Whilst issues had previously been raised about the lack of ties and clips being used on site, nothing had been done to secure the area and, as a result, the Claimant was injured when his foot slipped between the boards.
The Claimant was unable to work for a few months following the accident and this caused him to lose out on significant earnings.
Due to the number of contractors on site and the differing roles and responsibilities of each, it was not straightforward to secure an admission of liability from the responsible party. The contractor who had erected the scaffolding denied any responsibility for the scaffolding on the basis that their work had been signed off by the principal contractor.
Ultimately, it was the principal contractor who admitted liability for the accident and, after obtaining medical evidence on the Claimant’s leg fracture, compensation was recovered to reflect his pain and suffering as well as his financial losses, most significantly, his lost earnings. An award was also recovered to reflect the fact that the Claimant’s minor ongoing symptoms would affect him/his confidence in the workplace due to much of his work being performed at height.