Employers and Construction Site owners are under a duty to provide their employees with a number of basic requirements which are:
Safe place of work
Construction sites are constantly changing, but there is an onus on the employer to ensure that the construction site is kept in a safe condition and tools, flexes, cables, etc are not strewn about thus creating hazards. In addition, it is not acceptable for openings to be left uncovered etc. Scaffolding must be erected in a safe and proper manner.
Safe system of work
The Employer or Construction Site Owner is under a duty to devise a system of work which is inherently safe and safety procedures must be put in place before construction work can begin. A great deal of consideration must be given by the employer to implementing a safe system of work and if he fails to do so and an accident results then a right to compensation can arise for the injured party.
Safe equipment and machinery
The Employer or Construction Site Owner is under a duty to provide safe equipment such as machinery, scaffolding, electrical supply etc whereby employees can carry out the various tasks assigned to them. Where the employee breaches this duty and an accident results, an employee or a third party who is injured as a result of this breach is entitled to bring a claim for compensation for injuries sustained.
Training
Proper training must be provided to all employees by the Employer or Construction Site Owner and it is important that all persons are properly qualified to carry out the various tasks assigned to them. In addition, if on-site training is required this must be provided by the employee. Where an accident results from the actions of a co-employee who was not properly trained to carry out an assigned task and an injury results from that failure, then the injured party is entitled to bring a claim for personal injuries.
Common types of construction accidents
Building Sites and Construction Sites are very hazardous places and common types of accidents that occur are:
- Falls from roofs, scaffolding and ladders
- Trip and fall accidents
- Falls through openings left uncovered
- Accidents as a result of faulty electrics.
- Accidents as a result of faulty machinery
- Lifting accidents causing injuries, usually back injuries
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Steps to take if you are injured on a building site
If you are unlucky enough to be injured in an accident on a Construction Site or Building Site then you should carefully follow the following advice:
Report the accident to your Manager, Foreman or Supervisor
Identify any witnesses and contact your solicitor
Seek medical attention
Consult with a Personal Injuries Solicitor
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What are the Legal Time Limits?
The statute of limitations are the legal time limits on how long you have to make a claim — these vary depending on the situation. The general rule for most personal injury cases is that the person has two years from the date of the accident or date of knowledge of the accident to make a claim for compensation. Contacting a solicitor to discuss your case will help you in determining how long you have left to make a claim.
Quinn Solicitors is an established firm of Solicitors based in Ballyfermot, Dublin 10. A large proportion of our work is personal injuries litigation. The firm was established in 1998.
BRENDAN QUINN
PRINCIPAL & FOUNDER
SONYA HENEGHAN
SOLICITOR
VALERIE KIRWAN
SOLICITOR