I was working on a construction site 5 years ago, when me & my work friends went for our bait (lunch) we had to cross a muddy patch of ground, when I was walking over the muddy ground I stood on a sheet of timber my legs dropped through the timber, underneath the timber was a man hole about 3ft deep ( I fell in the hole with a hell of a crash) my friends helped me up and asked if I was ok .I felt ok just a little shaken.. two days later I woke in the morning and could not sit up in bed, I took the day off work, I felt fine the next day, as the weeks went on I started to suffer slight back pains, these have gotten worse over the last 5 years, I can only work part time as the pain can be terrible at times,,,I am a fit man of 43 yrs old but since I fell in the manhole my back has never been the same..Ive lost half of my wages through this & it is taking a toll on my family…can I put a claim against the construction company after all this time? I am a sub contractor..there was 8 people
8 people who witnessed this accident, there were no warning signs around the manhole just a sheet of plywood covering the hole
This happened in Britain.
There were no records of this ..I felt fine at the time I did not feel the need to sign a accident book, but I can still look up the guys (and my employer at that) time who were with me that day on site.
Even 5 years ago your employer, and the site owner had a duty of care under Health and Safety at Work Act 1974 and Management of Health and Safety at Work Act 1998. It is the employers duty to record the accident in the book! You can sue for damages any length of time after the incident, provided you can show that you current difficulties are related to the incident. It will be a tough, hard fought case as so long has passed since. There are difficulties: a sympathetic court mat grant the case – but then a less sympathetic appeal court may turn it over. Good luck. You will need loadsa cash, loads more patience and a gritting determination to succeed. You will need to demonstrate that you employer had a duty of care (Which is clear), that the duty of care was breached (Also pretty clear) and that the breach caused the accident and subsequent loss or injury to you (Less clear). You will need to seek professional advice as to whether you pursue your employer or the site owner, both have a liability.
by: peter w
on: 19th February 08