How To Make A Sub-Contractor Accident Claim

If you were working as a sub-contractor and an accident at work caused you to be injured due to a breach of the duty of care owed to you, you may be eligible to make a personal injury claim. This guide will illustrate the different parties that will owe you a duty of care while working as a sub-contractor and will walk you through the steps you might need to take to make a work injury claim.

Firstly, we will examine the most common accidents at work by looking at workplace accident statistics. Then we look at who in the workplace has a responsibility for your health and safety while working as a sub-contractor.

Following on from this, we look at what damages you could be awarded if your personal injury claim was to be a success and the compensation guidelines for specific injuries. 

Finally, we will discuss the benefits of beginning a No Win No Fee claim and how solicitors that offer their service on this basis operate. 

Our advisors are here 24 hours a day, 7 days a week, to help you with any questions you might want to ask about making a sub-contractor accident claim. 

You can reach them by:

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How To Make A Sub-Contractor Accident Claim

When working as a sub-contractor, you may work as part of a company sub-contracted, or you may work as self-employed as a sub-contractor to a contractor.

An employer owes employees and other people who might be affected by their work activities a duty of care under the Health and Safety at Work etc. Act 1974. This duty of care entails ensuring that they do all that is reasonably practicable to ensure those who work for them do not experience harm in the workplace. This duty of care extends to all staff.

Employers can follow this act by responding quickly to reports of potential hazards, providing adequate training and PPE to their workforce, and maintaining a safe workplace.

If an employer breaches their duty of care and this causes you to be injured, this is called negligence. Proving that negligence occurred is the basis for any successful work injury claim.

You may also be owed a duty of care under the Occupers’ Liability Act 1957. This Act states that all those in control of spaces used by others for their intended purpose must be kept reasonably safe. So occupiers of spaces also owe a duty of care.

For more information about how you could claim for a sub-contractor accident at work, contact one of our advisors today using the information above.

Limitation Periods For Sub-Contractor Accident Claims? 

To make a personal injury claim after a sub-contractor accident at work, the general time limit you will have to start a claim will be three years from when the injury at work occurred.

However, there are some exceptions to this three-year rule. If you were under 18 when you were injured, you would not be able to claim until the day of your 18th birthday, when the time limit will begin. A litigation friend can claim on your behalf if you wish to claim before this.

The time limit is paused indefinitely for people who do not have the mental capacity to pursue their own claims. A litigation friend can claim on their behalf, but if they regain mental capacity, they will have three years from the day this happens to claim.

To learn more about work injury claim time limits and how they could impact your case, contact one of our advisors using the information above.

What Are The Most Common Accidents At Work?

Many sub-contractors work in construction or building. These fields encompass many job roles. 

The labour force survey is made up of statistics of accidents at work reported by employees. It states that 565,000 employees were injured non-fatally in the workplace between 2021 and 2022.

The Health and Safety Executive HSE, the body for governing health and safety in the workplace, also provide statistics under the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 RIDDOR. In 2021/22, it was reported by employers that 61,713 non-fatal injuries occurred to employees.

Amongst these injuries,

  • Slips, trips, and falls caused 30% of injuries
  • Handling, lifting or carrying caused 18% of injuries
  • Workers being struck by moving objects caused 11% of injuries
  • Acts of violence caused 9% of injuries
  • Falls from a height caused 8% of injuries

To find out about your eligibility to make a personal injury claim, contact one of our advisors using the contact details above.

What Is Classed As Employer Negligence, And How Do I Prove It?

Employer negligence is when an employer does not fulfil their duty of care, resulting in you being injured. To prove your employer’s liability, you will need to collect as much evidence as possible to support your claim.

Some steps you can take towards gathering evidence include:

  • Requesting CCTV footage of your accident.
  • Keeping a diary of medical appointments you attend. This diary can also prove your mental/physical state after the accident.
  • Taking down the contact details of any potential witnesses to your injury.
  • Seeking medical attention and requesting a copy of your records.
  • Taking pictures of the accident site and your injury.

Finding enough evidence to support your case can often be a daunting task. Our panel of personal injury lawyers have years of experience locating evidence for personal injury cases. To be put in touch with a solicitor, contact one of our advisors using the details above.

Calculating Payouts For A Sub-Contractor Accident At Work

If your sub-contractor accident at work claim were successful, you would be compensated from two heads of claim: general and special damages.

General damages compensate for any physical and/or mental suffering. General damages are calculated using the Judicial College Guidelines alongside the results of an independent medical examination. These figures are not a guarantee but mere guidance. 

Compensation table

 

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Injury Severity Guideline compensation bracket Notes
Back injuries Severe (i) £91,090 to £160,980 There will be damage to the spinal chord and nerve roots, resulting in severe pain and disability.
Total or Effective Loss of Both Hands Loss (a) £140,660 to £201,490 Serious injury which damages the hands so as to render them little more than useless.
Amputation of Index and Middle and/or Ring Fingers Amputation (d) £61,910 to £90,750 The hand will be of very little use and have little to no grip.
Severe leg injuries Severe (ii) £54,830 to £87,890 Such injuries lead to permanent problems with mobility and the need for mobility aids for the remainder of life.
Loss of thumb Loss (r) £35,520 to £54,830 The thumb is lost.
Amputation of the great toe Amputation (b) In the region of £31,310 The great toe is lost.
Facial disfigurement Very severe scarring (a) £29,780 to £97,330 This bracket includes relatively young claimants where the cosmetic effect is extremely disfiguring.
Total and Partial Loss of Index Finger Loss (i) £12,170 to £18,740 The index finger is either partially or fully lost.
Fractures of cheekbones Fractures (i) £10,200 to
£15,780		 These injuries will necessitate surgery and have lasting consequences.
Damage to teeth Loss or Damage (i) £8,730 to
£11,410		 Loss of or serious damage to several front teeth.

How Are Special Damages Calculated?

Special damages exist to compensate you for any out-of-pocket payments you have had to make because of your injury. After receiving special damages compensation, you should be returned to your financial state before your injury.

Special damages can compensate you for medical and care costs. You can also be compensated for travel costs to and from medical appointments. Special damages additionally compensate for any present or future loss of earnings you have experienced because of your injury.

To claim special damages, you must hold on to as much evidence as possible of your outgoing costs, such as bus tickets and receipts.

Contact one of our advisors today to learn more about what kind of evidence you might need to claim compensation.

Make A No Win No Fee Sub-Contractor Accident At Work Claim

After reading this guide, you may wish to start a claim with a personal injury solicitor. If your sub-contractor accident at work case is eligible, they may offer you a kind of No Win No Fee agreement called a Conditional Fee Agreement.

Generally, under the terms of a Conditional Fee Agreement, you will not have to pay any upfront fees to enlist a solicitor’s services. You will also not have to pay them fees as your case is ongoing. If your case is unsuccessful, you will not owe them any money for the work they did on your case.

If your solicitor is successful and wins your case, you will owe them a small success fee. This is taken as a percentage of the settlement but is restricted under The Conditional Fee Agreements Order 2013, so you will never be overcharged.

Contact Us 

Contact an advisor today to determine whether you can claim with our panel of personal injury solicitors. They can tell you about your claim’s eligibility and give you a better estimate of how much you could be entitled to if your claim succeeds.

You can contact an advisor by:

Read More About Different Types Of Accident Claims

We have provided some more useful links about claiming compensation if you are a sub-contractor who had an accident at work.

More of our personal injury resources:

Can you Make a Non-Employee Work Injury Claim?

I Haven’t Taken Time off Work, Could I still Make a Claim?

Proving Liability After An Accident At Work

Useful external resources:

Employment status: Worker – GOV.UK

When to go to A&E – NHS 

NHS – How to get your medical records. 

Contact one of our advisors today for more information on making a sub-contractor accident claim.