Hi, just wondering if anyone could help, my partner had an accident at work, he fell off some scaffolding and has injured his wrist and has bad ribs but luckily nothing is broken.. He is self employed but works for a company.. can he claim off company insurance or is there anything he can claim?
Cheers for any help
Li ;0)
loobydoo75 Fri 02/05/08 12:19
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This can be complicated and there is insufficient information. However, if your partner does most of his work for this company he is probably considered an employee of that company for tax purposes and the liability could be theirs. But were they negligent? Was your partner negligent? Was the scaffolding faulty? You need to consult a solicitor.
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Was the accident a result of someone being negligent in some way?
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Question Author
Hi
sorry for being so vague... yes some one was negligent... i think it was my other half and his work partner.. they put the scaffolding up although they are not trained to do so, so i guess it lands in their lap..
Thanks for replys anyway ;0)
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Were the Health & safety executive informed?
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The questions to ask are:
Was this as part of some larger work which was going on or just routine maintenance.
If it was part of some larger works then the main contractor is responsible for all health and safety under the Construction & Design Management regulations on the site and should have ensured that your husbands firm was competent to carry out the works and possibly asked for a method statement and/or risk assesment explaining the works they were to undertake and how they were going to do it. There should also have been a CDM Co-Ordinator appointed by the client / owner of the premises / site who should have been informed.
If it was routine maintenance, then the factory / premises should have a health and safety inspector/auditor who should have asked for the same information.
Although your husband was probably a bit silly in erecting the scaffolding, the responsibility, in the above cases, was the contractors or premises owner / occupier.
The HSE should have been informed and there COULD be a case for compensation from the main contractor or premises owner or occupier.
As suggested previously, I would consult a solicitor as the first step rather than trying to bring a claim on your own. This is a fairly complicated area
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Question Author
Not that im aware of no... Who is responsible for doing that? my partners boss hasn't even rung him to see how he is so he hasn't spoke to him about anything?
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Question Author
Hi again, sorry just replyed before reading your reply.
My partner is a double glazing fitter and they were working on house and scaffolding was erected to about 8 - 10 ft i am unsure as to who this responsibility lays with as i said he shouldnt of put the scaffolding up in first place but he just sees this a naggin other half ;0)
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OK. The scenario I described doesn't apply.
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