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Posted By Alan james
A family member recently fell off a step ladder and broke his ankle in several places, he is limping and will for the rest of his life. He was working for a builder on a casual basis, can he still take the builder to court for negligence, and if so how long has he got to do so?
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Posted By Martyn Hendrie
Whether or not he would be able to claim is not something that can be answered without knowing the detail of what happened.
I would suggest that a call/visit to "citizens advice" may be helpful their advice is free and often they can arrange an initial "free" consultation with a solicitor who would advise on the viability of a claim.
In general you have three years from the date of an accident in which to make a claim, but my experience is that insurers (who would normally pay the claim) are a lot more suspicious if the notification of claim is not made in a reasonable time.
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Posted By James Fleming
Alan, it depends on the circumstances surronding the accident.
If the family member had an induction to the type of job undertaken/had training/was aware of the risk assessments/knew that there was safe systems of work provided/the step ladders were safe to use/or indeed was following a permit to work system then it might be more difficult to suggest that the builder was not providing a duty of care to his staff.
However, in my opinion, if any of one of the aforementioned was not in place then there might be a good case to proceed.
But as Martyn mentioned more detail is required. If you have all the details and know for sure that one or more of the mentioned items ,ight not have been in place by all means contact the CAB, but better still call one of the adverts on the T.V. you see about making a claim when you are not at fault.
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Rank: Guest
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Posted By peter gotch
Alan
The Construction (Health, Safety and Welfare) Regulations 1996 specifically prohibit work from ladders unless this can be justified via risk assessment.
In general the better end of the industry is moving away from ladders and stepladders and towards inherently safer means of access /workplaces, e.g. podium steps, tower scaffolds.
As regards viability of claim that visit to CAB is a sensible place to start.
One issues may be what you mean by "casual basis". If you mean working on the black whilst claiming benefits then builder may have room for a little blackmail / embarrassment!
Regards, Peter
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