Plumbers. Joiners. Electricians. Labourers. Machine operators. Scaffolders. Bricklayers. Foremen. Apprentices. Sub-contractors. Delivery staff.
Whatever your role, the construction trade presents numerous and frequent risks on a daily basis: working at height, operating power tools, manual lifting, negotiating tripping hazards, heavy machinery or falling objects.
It is vital that everyone working in construction is given access to the right training, the right tools and the right safety equipment to create a safe working environment. If employers follow these simple steps then risks can be minimised and building site accidents can be prevented. In recent years, the focus on safety has significantly reduced the number of serious accidents which occur - but they do still occur.
Time and time again, Digby Brown still sees situations where proper site safety is compromised: that’s when risks become incidents: sometimes with very harmful, even life-changing, consequences.
I was seriously injured after falling from a ladder on site
Daniel's story - My accident could have been avoided
Daniel Campbell was left seriously injured after health and safety failing at work resulted in him falling off a ladder and shattering his leg. His life changed forever. He couldn't return to work but still had bills to pay. No one knew how long it would take to heal, if ever and there was a possibility that he could end up having his leg amputated. He tells us how our Inverness office were able to help and why he would recommend them.
Once you or someone in your family has got in touch and we’ve established that we can help, you will be dealing directly with an experienced solicitor from one of our seven offices spread across Scotland. Their job will be to investigate the circumstances of your construction site accident claim to determine what went wrong and why. This will allow us to establish fault, consider your injuries and weigh up the immediate and longer-term implications of those injuries on your life, specifically pertaining to your ability to fully return to your employment.
We will access experts in terms of medical evidence, forensic investigation, work related practises, employment and financial advisors to establish the implications of what has happened and consider what level of compensation is sufficient for your needs. If your injury also prevents you from returning to the same role, then your solicitor will work to recover the earnings you might have earned in the future as part of your ‘no win, no fee’ case.
Your construction site personal injury claim will then seek to recover any financial losses for your injury, medical treatment costs, rehabilitation costs like physiotherapy, loss of earnings or impacts to your pension and other expenses like taxi fares to physio sessions.
Our Foreign & Travel team are even able to help foreign nationals or seasonal workers obtain compensation if they’ve suffered an injury while working in Scotland – alternatively they can also help Scots who’ve been injured while working abroad or in other areas of the UK.
One client we helped was Connor Penman. He was a bricklayer who was asked to operate a chop saw – a task that was new to him. His employer failed to give Mr Penman the right training, equipment and risk assessment and sadly it resulted in our client suffering an injury to his fingers. Thankfully, we were able to help secure him £70,000 in damages.
Official figures show there were 54,000 construction-related accidents in 2019 – sadly, 30 of these were fatal.
Accidents on building sites can happen for a variety of reasons which is why it is so heavily regulated. Some of the most-referred to regulations in construction site compensation claims are:
The Construction (Design and Management) Regulations 2015
This integrates health and safety into the management and planning of any construction project so everyone involved can work together safely from the start of a project.
The Work at Height Regulations 2005
This requires employers to ensure any work at height is properly planned, appropriately supervised and carried out in as safe as way as is practical.
These rules are not optional – they are mandatory.
They are also not just a box-ticking exercise. Building trade regulations literally save lives. It’s possible some even exist because of a previous tragic accident. It is crucial to remember that if the worst happens, then you or your family may come to rely on these regulations too.
No win no fee personal injury solicitors
The expression “No Win – No Fee” is often used in personal injury cases. It is used as a way of funding a compensation claim where the accident victim does not have the means to pay for the costs involved as the case progresses.
A number of solicitors are prepared to handle personal injury cases on a “No Win – No Fee” basis but very few are able to offer their clients complete protection if the case is unsuccessful.
In that event, the client could end up being liable for many thousands of pounds in legal expenses or the case won't be fully investigated and therefore likely to under-settle.
Compensate 'no win no fee' funding
Digby Brown has its own funding company, Compensate, which provides the funding to allow the case to be fully investigated, employ the best experts surrounding the circumstances of the accident and/or injuries sustained and where and if necessary go to court.
If for whatever reason the case is unsuccessful, Compensate pays all your legal expenses and those of your opponent – you pay nothing.
On average our clients receive over 3 times the pre-litigation offer
Because of Compensate funding Digby Brown's success rate is extremely high and on average our clients receive three times the pre-litigation offer.
In the event the case is successful, a small percentage of your damages will be deducted with VAT to pay for this service. The percentage which Compensate will charge depends on the degree of risk involved. We believe that this is the fairest method of giving clients access to justice whilst ensuring their cases are fully investigated, prepared and funded.
Beware of compensation offers which may be too good
We know you will have seen many adverts offering 100% compensation or telling you that you will not lose any of your compensation, however we believe there are a number of problems with companies that do this.
- How do they make their money if they don’t charge you anything?
- If they aren’t taking any money from you, the client, what incentive do they have to ensure you receive the right level of compensation, appropriate to the injuries you have sustained?
- Fully preparing a case, finding out exactly what happened and what the consequences of your injuries may mean in the long term, is expensive, how do they do this properly?
- If they aren’t fully preparing these cases will they just accept the first offer they are given on your behalf by the Insurance company?
- It makes simple business sense, the less work they do the higher their profit margin is - they simply have no incentive to work harder on your behalf.
- These adverts in the main are from English firms on national television which operates in a different way and therefore wouldn’t apply to a Scottish person.
We know from the many client cases we mandate from other firms of solicitors (in the main at the request of the client who is extremely unsatisfied with the service received for the other firm) that many shortcuts are taken in preparation and that the first offer received is being recommended for acceptance, regardless of the value.
Getting something for nothing is usually the first sign of poor service.
Correct level of compensation with Digby Brown
Our experience and statistics show time and time again we will achieve the correct level of compensation which will be substantially more than the insurer is initially prepared to offer.
Even after we have deducted our percentage as a success fee you will gain considerably more than you would have achieved using a 100% compensation model.
Contact Digby Brown's personal injury solicitors
For further information about no win no fee, or anything else, call us on 0333 200 5925 or fill in our enquiry form below and someone will get back in touch with you.
Digby Brown’s track record in navigating the complex world of construction injury claims has resulted in millions of pounds being recovered for injured tradespeople every year with our expertise recognised by the leading bodies of the legal sector.
We regularly recover over £100million every year for clients - in 2020 this was over £140million. For the last 15 years, our expertise has been recognised by Chambers & Partners and The Legal 500 which are the go-to guides for accessing legal help. We have also been recognised as Scotland’s Law Firm of the Year for four out of the last six years (2015, 2016, 2018 and 2019).
Compensation is your legal entitlement and it can make the difference when it comes to protecting the future for you and your family.
Please get in touch. Our Legal Enquiry Team is open seven days a week. We can talk through what happened and help you to get back to where you need to be.
0333 200 5926
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Saturday and Sunday: 12pm - 4pm
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