When Can You Claim For An Arm Injury In Construction Work?

This guide will explore when it could be possible for you to claim for an arm injury in construction following an accident at work. Additionally, we look at the evidence you could gather to strengthen your case and how a No Win No Fee solicitor could provide assistance to you.

Arm injuries can affect the shoulder, elbow, forearm and wrist. They can range in nature from minor cuts and bruises to a complete amputation injury. The severity and type of arm injury you have suffered can impact how much compensation you’re awarded. We discuss how personal injury compensation is calculated in successful building and construction accident claims in more detail later in our guide.

Furthermore, we discuss the responsibilities an employer has with regard to an employees health and safety when working on a construction site.

We also provide examples of how a construction accident leading to an arm injury could occur if there is a failure by the employer to uphold their responsibilities.

If you have any questions about construction injury claims and when you could be eligible to seek compensation, please contact an advisor. They can provide you advice on arm injury compensation claims for free. To get in touch with them, you can:

A worker in red overalls holding his arm in pain after an accident

Jump To A Section

  1. When Can You Claim For An Arm Injury In Construction Work?
  2. Examples Of Employer Negligence Causing A Construction Accident At Work
  3. Calculating Payouts For Arm Injury Claims
  4. Proving Liability In Construction Injury Claims
  5. Use A No Win No Fee Solicitor For Personal Injury Claims
  6. Learn More About Making An Arm Injury Compensation Claim

When Can You Claim For An Arm Injury In Construction Work?

Under the Health and Safety at Work etc. Act 1974 (HASAWA), your employer owes their employees a duty of care. They must take reasonable and practicable steps to keep them safe from harm while at work and as they carry out their work-related tasks. For example, they need to carry out regular risk assessments, address the risk posed by any known hazards, provide adequate training and any necessary personal protective equipment (PPE).

Whilst HASAWA is the central piece of workplace health and safety legislation, there are other pieces of legislation that set out the more specific responsibilities employers have depending on the work environment. For example, the Construction (Design and Management) Regulations 2015 aims to improve health and safety in the industry. It helps those managing or in control of construction work to:

  • Plan the work and manage any risks from start to finish
  • Ensure the right people are selected to carry out any work
  • Provide information to workers about the risks and how they’re being managed.

If there is a failure by your employer to uphold this duty, leading to you experiencing harm in a construction accident, you might be eligible to begin a personal injury claim for a workplace accident.

Call our team to discuss when you could potentially begin a construction accident claim for an arm injury.

Examples Of Employer Negligence Causing A Construction Accident At Work

There are several ways a construction accident at work could occur leading an employee to suffer an arm injury and a potential arm injury compensation claim. For example:

  • Faulty equipment – An employer may have instructed an employee to use machinery despite it having faults. As a result, the machine may have malfunctioned causing the employee to sustain an arm amputation.
  • Lack of risk assessments  There may have been a failure to assess the risks of working from a height resulting in an employee sustaining an arm injury and head injury in a fall from height.
  • Lack of personal protective equipment Your employer may have failed to provide you with necessary PPE, such as gloves, to mitigate the risk of injury that they were unable to remove. This may have resulted in you sustaining a burn injury when working with hazardous chemicals.
  • Inadequate training – Your employer may have failed to provide you with adequate training to operate certain machinery, such as a forklift truck. As a result, you may have sustained a fractured arm in a forklift crash. Inadequate training can also lead to slip and trip hazards not being addressed, which can cause a fall.

Please get in touch to discuss your specific case and find out whether you’re eligible to claim compensation and begin a construction injury claim.

A wrist brace on a man's hand on an isolated white background

Calculating Payouts For Arm Injury Claims

Two heads of loss can make up a settlement awarded following a successful arm injury claim. General damages compensate you for the pain and suffering caused by the injury.

To assign a value to general damages, your medical records alongside the Judicial College Guidelines (JCG) can be referred to. The JCG contains guideline award brackets which correlate to different types of injuries.

Compensation Table

In the table below, we have provided figures from the JCG. They should only be used as a guide as settlements for arm injury claims will differ.

Please note the top entry is not taken from the JCG.

Type of Injury Severity Level Notes Guideline Award Bracket
Multiple very severe injuries with monetary losses Very Severe A payout reflecting the pain and suffering of several very severe injuries alongside the financial losses incurred as a result, such as lost income, care costs, and the cost of home adaptations. Up to £1 million plus
Arm Amputation (a) Loss of Both Arms Injuries that reduce a person with full awareness to a state of considerable helplessness. £240,790 to £300,000
(b) Loss of One Arm (i) One arm is amputated at the shoulder. Not less than £137,160
(b) Loss of One Arm (ii) One arm is amputated above the elbow. £109,650 to £130,930
(b) Loss of One Arm (iii) Amputation of one arm below the elbow. £96,160 to £109,650
Other Arm Injuries (a) Severe Injuries in this bracket fall short of amputation but are still extremely serious and result in the injured person being little better off than if they had lost the arm completely. £96,160 to £130,930
(b) Permanent and Substantial Disablement Serious fractures of one (or both) forearms leaving significant permanent disability of either a functional or cosmetic nature. £39,170 to £59,860
(c) Less Severe Despite significant disabilities, a substantial level of recovery has occurred or will be expected. £19,200 to £39,170
(d) Simple Fractures to the forearm of a simple nature. £6,610 to £19,200

Claiming For Special Damages After Construction Industry Accidents

The second head of loss that could be awarded after a successful claim is the financial loss experienced as a result of your injury. Examples of the costs you could claim back include:

  • Loss of past or future earnings.
  • Medical bills.
  • The cost of home adaptations.
  • Domestic care costs.
  • Travel expenses.

You would need proof of these losses in order to claim them back. As such, it’s important to keep hold of receipts, invoices and payslips that show how you suffered financially because of your arm injury.

If you were injured in a workplace accident, speak to our advisors about what could potentially be awarded in successful personal injury claims. They can provide a free valuation of your specific case.

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Proving Liability In Construction Injury Claims

In order to prove employer liability for your construction accident claim, you should gather evidence. Examples of what you could collect to support your case include:

  • Copies of medical records, such as X-rays, scans and any reports from specialists. These will be produced if you have sought medical treatment for your injuries.
  • Photos of the arm injury and the hazard that caused the accident.
  • A copy of the incident report from the workplace accident book.
  • The contact details of any witnesses who could give a witness statement at a later date.

One of the experienced personal injury solicitors from our panel could help you gather evidence to support your case. If you have valid grounds to proceed with your claim, they could assist you through the different stages of the accident at work claims process.

Call an advisor to learn more about your eligibility to work with a personal injury solicitor from our panel.

Use A No Win No Fee Solicitor For Personal Injury Claims

If you are eligible to launch a claim for an arm injury in construction, you could instruct a solicitor from our panel. They offer their services and expertise under a version of the No Win No Fee contract called a Conditional Fee Agreement (CFA). This typically means the following:

  • You won’t pay an upfront fee to your solicitor for them to begin working on your construction site accident claim.
  • You won’t pay for their continued work on your case as it proceeds.
  • If your claim fails, no fee for their services will be owed.

Following the completion of a successful claim, your solicitor will take a success fee. They take this as a percentage of your compensation. However, there is a legal cap that applies meaning you can ensure you receive the majority of your awarded settlement.

If you have any other questions about construct accident injury claims, including whether one of the No Win No Fee solicitors from our panel could take on your case, get in touch. An advisor can assess your case for free and answer any questions you might have regarding your specific circumstances.

To get in touch, you can:

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Learn More About Making An Arm Injury Compensation Claim

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Thank you for reading our guide on when you could claim for an arm injury in construction following an accident at work. If you have any other questions, please don’t hesitate to contact an advisor on the number above.