UK work accident solicitor explains how to calculate the average compensation payout for a construction site work accident following a slip on black ice resulting in an injured calf muscle, shattered kneecap and fractured coccyx.
Construction Site Work Accident Victim Question
I am a construction worker and late last year I turned up to work as usual on a construction site in Newcastle, which was covered with black ice. I was unaware of the danger and my employer did not warn me especially as there was exposed concrete, which was like an ice rink.
I slipped on the black ice ripping my calf muscle and smashed my kneecap. I also landed very heavily on my bottom causing a fracture to my coccyx and severe lower back pain.
I managed to call my employer from my mobile phone who requested an ambulance come to my assistance. The paramedics were also slipping due to the black ice.
I was in hospital for a week and required surgery to remedy my fractured knee cap.
The accident was recorded in the work accident book and I believe the Health and safety Executive was informed. I later found out that the area was out of bounds to employees, but my supervisor had omitted to inform me and I turned up to work without realising.
I was off work for 3 months and have returned to restricted duties. I have been told that my calf muscle and knee will never be the same again and I will have a disability for the rest of my life.
How much of an average compensation payout can I claim for my injured calf muscle, fractured knee cap, fractured coccyx and back pain.
Construction Site Work Accident Solicitor Response
Before considering the amount of compensation you can claim – it must be proved that as a matter of law your employer was responsible for your accident.
Given what you have described it appears clear that your employer should be held primarily liable for your accident.
Your employer was aware of the danger and failed to notify you or failed to put a notice up at the site that it was closed due to black ice or other dangers and as such employees should not enter the site, but should contact management.
Access to the documentation held by your employer including the results of the Health and Safety Investigation would help to prove this point.
To calculate your likely average compensation payout for your injured calf muscle, fractured knee cap, fractured coccyx and lower back pain – a specialist work injury solicitor acting on your behalf would need to obtain an expert medical report detailing the exact nature of your injuries with a description of the likely symptoms you might suffer into the future and the nature of your long-term disabilities.
This report should also comment on the likely effect of your injuries on your ability to work and any risk of disadvantage on the open labour market should you lose your job in the future.
Your solicitor will then compare your injuries to cases decided by the courts in the past for accident victims with similar injuries to calculate the amount you can claim for pain and suffering known as general damages.
In addition you will be entitled to sums for lost income, future lost income, disadvantage on the open labour market, medical expenses, nursing assistance, help in the home, etc.
Free Online Work Accident Solicitor Assistance
If you would like to speak to me in person free of charge about the calculation of your average claim payout or commence a claim online click black ice construction site work injury compensation claim.