Levenes Wins Settlement for Self-employed Construction Accident
Mr J was working on a construction site belonging to the Defendant. The task at hand was to erect a store by constructing a roof to be placed across the gap between two shipping containers at the Defendant’s builders merchant depot. However the defendants failed to provide safe access to the aforementioned containers. The scaffolding tower was not tall enough and Mr J had to jump to get down every time he needed to get down from the top of the construction. On the day of the accident, as he did so he went through the boarding of the tower, and fell to the ground shattering his ankle.
Mr J underwent multiple surgeries including an ankle fusion and was never able to return to work as a construction worker ever again, but retrained as a lorry driver. This type of self employed construction accident is common and often people fail to recognise they have case for a claim.
Self Employed and in an Accident
We are often faced with the argument that a worker was “self-employed” when this sort of accident happened.
In this case, the Defendant tried this argument. In reality, Mr J was paid per day for his work by the Defendant, he was carrying out the orders of a Director of the Defendant who had designed the project himself. Mr J was even required to wear clothing with the Defendant’s logo on it when he was working on the Defendant’s premises. The Defendant failed to consider what equipment would be needed to do the job safely and Mr J had a strong case.
Mr J was represented by Partner Tim Beasley who secured a settlement of £200,000.
Commenting on the case, Tim said “It is particularly pleasing to secure a settlement in this type of case. Mr J is an honest hard-working man who was just trying to get the job done as best he could. Nobody should have to risk their life or life changing injury at work. Sadly, this type of construction accident is very common.”