Bringing a Building Site or Construction Industry Accident Claim
Generally speaking, construction has improved significantly over the years from the point of view of equipment and training etc. In determining liability for accidents in the construction sector, you would want to see what specific certification an employee has and whether or not any specific hazards were pointed out to them. You will almost invariably find that in cases involving a claim for negligence involving an accident at work in the construction industry, a claim of contributory negligence is likely to be made by the employer.
Contributory negligence arises where someone who suffers an accident has in some way contributed to their own injuries by their own negligence. Therefore, in a construction setting, it would be very important to see what health and safety courses were afforded to the employee and what direction they were given in terms of carrying out the activity that led to the accident. For instance, an employer might allege that the employee was trained and didn’t follow the procedures in which they were trained, or wasn’t looking out for their own safety, weren’t wearing proper equipment that was provided or wasn’t using equipment as they were trained, etc. It is important to bear in mind that while contributory negligence is often pleaded in defence of claims in this context, the mere allegation of it is not by any means conclusive and it is for the employer to prove contributory negligence. It may often be raised primarily as a negotiating tactic.
Speak to our legal team now about your case. Call us Freephone on:
Request A Call Back
Get a call back from our legal team at a time that suits you.
Highly rated on TrustPilot
Read the latest reviews written by our happy clients.
Accidents Involving Working at Height
Accidents in the construction industry are particular prevalent when working on ladders, working at heights and on scaffolding, etc. Wind tends to be a large factor here where ladders can get blown over or the employee is caused to lose their grip or balance. In these situations, the question is whether it was reasonable to expect the employee to be doing the tasks in question in that manner in the weather conditions that were prevailing at the time. It comes down to a question of whose decision it was to go up the ladder or onto the height in those conditions.
If an employee is directed by a superior to do a job then the employee, unless they were going to become insubordinate, would have to do it. If objectively it’s unreasonably hazardous then there could be an argument that an employee could be responsible in contributory negligence for not refusing to do what has been asked on the grounds that it is unsafe. However, realistically, given the power imbalance that exists between an employer and an employee, if an employee is specifically directed to do a task in a particular manner, no matter how plainly unsafe it is, it is going to be very difficult for them to refuse to do so and if that leads to a foreseeable accident then the employer is likely to be found liable as a result, with no finding of contributory negligence being made against the employee.
Working on cherry pickers or mobile elevated work platforms (MEWPs) can also involve a significant risk of accident in the construction industry. Mechanical failure with the hydraulic lifts, electrical failure with the control or other problems with the machinery can lead to very serious injury, particularly when the platform is extended at a height.
Working at height involves risk for those employees working overhead, but also for employees and others working or moving about underneath from the risk of falling debris, material, or equipment. The use of correct harnesses and other safety equipment such as netting will be critically important here, together with the wearing of hard hats etc. by those below. Loading and unloading at height poses particular risks, as does the use of dangerous equipment at a height that compounds the possibility of injury and proximity to power lines etc.
Construction Accidents & Injury Claims
If you, or a family member, has sustained an injury whilst working on a building site or construction project, and you believe the accident was avoidable, get in contact with our personal injury solicitors today to make a start on your claim or gather more information. Call us on 1800 390 555 and an experienced member of staff will discuss your situation and potential next steps. You can also email on email@example.com and we will get back to you as soon as we can.
About McCarthy + Co
With more than 30 years of experience in dealing with personal injury claims, McCarthy + Co. has expertise in a wide variety of fields including building site accidents and construction industry compensation cases. We are a family-run business, and we pride ourselves on offering honest, impartial and helpful advice.
Our offices are based in Dublin and Cork but we work with clients throughout Ireland in locations ranging from Galway to Waterford. If you have suffered an injury on a building site or within a construction setting, we can provide expert guidance and advice regarding the handling of your personal injury claim.
Our Awards & Accreditations
We are a multi-award winning firm, accredited by the Law Society of Ireland.
In contentious business, a legal practitioner shall not charge any amount in respect of legal costs expressed as a percentage or proportion of any damages (or other moneys) that may become payable to his or her client or purport to set out the legal costs to be charged to a junior counsel as a specified percentage or proportion of the legal costs paid to a senior counsel. A legal practitioner shall not without the prior written agreement of his or her client deduct or appropriate any amount in respect of legal costs from the amount of any damages or moneys that become payable to the client in respect of legal services that the legal practitioner provided to the client.
Directly contact our partners via email about your case.
Follow Flor on Social Media
Flor McCarthy wears multiple hats, not only as the managing partner of one of Ireland’s leading law firms, but also as an author, speaker and an acknowledged expert in client service, innovation and marketing.
Beginning his academic journey at UCC, Flor furthered his education with a master’s degree in law from UCD. After gaining valuable experience as a solicitor in Dublin, the allure of home and the family brought him back to West Cork to contribute his expertise to the family business.
Follow John on Social Media
John McCarthy is a seasoned solicitor with almost 20 years of experience, specialises in personal injury and medical negligence claims, focusing particularly on high-value compensation cases. His extensive litigation experience spans Circuit Court, High Court and Supreme Court levels.
John's practice involves a diverse range of cases, from personal injury and wrongful death to property damage, defective products, professional negligence and judicial reviews.