CASE EXPLAINED: Self-employed accident claim
The Defendant was contracted to carry our decorating work on a property. The client was working for the Defendant as a self-employed painter on a building site. He did not have a signed employment agreement with the Defendant. The Defendant provided the client with a telescopic ladder, in order for him to paint a celling. The client asked the Defendant for a step ladder, as that would be safer to use. The Defendant advised that a step ladder would be provided soon, but in the meantime he should continue to work with the telescopic ladder. The client tried his best to use the telescopic ladder to paint the ceiling as instructed. Whilst stretching to reach the ceiling, he fell off the ladder, breaking a bone in his leg.
When it comes to health and safety at work, whether you are employed or self employed, you are protected by the Health and Safety at Work Act 1974. Employers must ensure that people, who work for them, have the correct equipment to create a safe working environment. Therefore, if unsuitable equipment is provided, and this causes an accident, the employer can be liable to pay accident injury compensation.
There is a difference between Health and Safety duties that contractors have in regards to their employed and self-employed workers, dependent on the level of control the contractor has over workers. Generally, most of the cases we have accepted have been where:
– the client, and their job process, were controlled by the contractor (directly or indirectly);
– the injured person was working for a company/ contractor;
– there was an unsafe work environment.
Self employed accident claims should always be discussed with a personal injury solicitor as every case should be assessed based on its own merits, and there are many aspects to consider.
INJURIES: broken bone
Bone injuries invariably lead to time off work and, in particularly severe cases, can cause permanent disability.
In some cases it may cause functional disability that creates a disadvantage on the open labour market. This means that a person may not be able to compete with other candidates when applying for jobs, so their potential earning capacity can be impaired and they should be compensated for this.
It is important to keep a note of the impact that the injury has had on your life. This information will provide a useful reminder when evidence is required. The value of your claim is calculated with reference to how the injuries affected you, and also the period of time it takes to recover from the accident related symptoms, amongst other factors.
WHAT WE DO
Our extensive knowledge and experience in accident at work claims, mean that we are valuable to our clients.
Our first job is to consider if the work equipment provided by the Contractor was unsuitable and created an unsafe work environment.
As Solicitors we are experienced in the steps that need to be taken after an accident at work, and the pitfalls that can be encountered by a claimant acting without representation. We understand that information provided at an early stage in the claim, can be relied on in support of the claim. We try to ensure that evidence is obtained and retained from the day we accept a claim.
We also advise our clients of insurance strategies that may tactically be used against honest clients to question their credibility.
We arrange medical examinations with carefully selected medical professionals. They provide a prognosis regarding the accident related injury, to ensure you will get the compensation and medical treatment you deserve.
If you want us to assess your claim for the accident please contact us on 0161 639 0399.
You can also find more information about the personal injury claim process here.
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