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.
Chosen Answer:
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
June 29th, 2012
Site5
Posted in
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the accident has to be within the last 3 yrs.
Lawyer………………..
Most PI cases need to be filed within 2 years of the date of the accident or of the date you realized that the injury you are now suffering is from the accident. Check the state statutes for a time limit.
You can however, go on disability and get medicare, then get surgery for the problem.
I was injured going down 8 flights of stairs in heels during a fire alarm. When I reached the bottom, the back pain was so bad. I had a herniated disc. I was in bed for 7 months. But did go on disability due to the doctor records. I was given the option of surgery but opted for the spinal injections. I have slight problems now and then, but nothing major. Get it taken care of, I know how bad the pain can be.
Talk to a disabilty lawyer. One that deals specifically with on the job injuries. He will advise you and get a case started. He will contact the Social Security/Workman’s compensation department and they will then send you to several different doctors who will evalujate your injuries. Good Luck. Next time go straight to the doctor’s/ER no matter if you are ok or not.
Because the accident was over 3 years ago it won`t be just a simple accident case. Did you report it to the GF and get it recorded in the accident book?
If you have recorded evidence I would consult a solicitor.
Sorry to hear about your plight. Good luck.
Hon, I don’t know what the statute of limitations is on an accident in GB. I’d advise you to contact an attourney NOW.
If the SOL hasn’t yet passed, you might be entitled to not only worker’s comp, but a large settlement for your injuries, which you can easily document through your medical records.
Injuries, as you’ve learned, don’t always show up immediately. After I suffered a severe whiplash in a car accident, I thought I was fine…until a few days passed. Turns out I’d suffered not only a torn rotator cuff, but an injury to my brain stem. The latter is still causing me problems after five years.
Don’t delay, Hon…make an appointment to see a lawyer immediately!
I work in Construction.. The question here is ” Did you put it in the Accident Book” If yes then you might be able to claim. If you didn’t you can not claim.. They have you by the “Short & Curlies”. Just like when they put you on a Manual Handling Course, and you damage your back lifting something. “BUT” you done the course and you should not lift what your not capable of lifting. “Load Of Bollocks”.. We do things every day in Construction, which we should not, just to get the job done. Health & Safety does not exit.. Only those behind a computer say’s it does.. Good Luck with your claim
any accident no matter how insignificant MUST be reported and logged , it may be difficult to make a claim after so long . See a solicitor , I used quantum claims they were most helpfull
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.