Who Could Make A Sub-Contractor Accident Claim?

You may be interested in making a sub-contractor accident claim after suffering injuries at work. If you have evidence of a relevant third party acting negligently and causing your injuries, you may be eligible to make a claim.

sub-contractor accident claim

Sub-contractor accident claim guide

Within this guide, we explore the circumstances that could lead to a negligence claim and what steps you can take to validate your case. Furthermore, you can see examples of what your injuries could be worth and how legal representation could strengthen your case.

Additionally, if you’re looking for more advice to approach your sub-contractor accident claim, you can contact our team today. Our advisors offer free advice and may be able to connect you with a No Win No Fee lawyer from our panel. 

Select A Section

  1. Who Could Make A Sub-Contractor Accident Claim?
  2. Types Of Sub-Contractor Accident Claims
  3. Proving Sub-Contractor Negligence Claims
  4. Estimating Payouts For A Sub-Contractor Accident Claim
  5. Speak To An Expert About Your No Win No Fee Sub-Contractor Accident Claim
  6. Learn More About Sub-Contractor Negligence Claims

Who Could Make A Sub-Contractor Accident Claim?

You must prove the following in order to make a personal injury claim:

  • You were owed a duty of care from a third party
  • This duty of care was breached by third-party negligence
  • You suffered injuries in an accident caused by this breach

Your employer has an automatic duty of care towards you. This is set out in the Health and Safety at Work etc. Act 1974. This means that they need to take reasonably practicable steps to ensure your safety in the workplace.

If you’re subcontracted to do a job, then you’re owed a duty of care by your employer. For example, if you’re subcontracted to do plastering at a building site, your employer owes you a duty of care and should provide you with safe and appropriate equipment that you need to do the role safely.

You will also be owed a duty of care by the party in control of the space in which you’re carrying out your work, even if they aren’t your employer. For example, they should maintain good housekeeping by tidying away wires and debris to prevent slips and trips from occurring.

Time Limits For Sub-Contractor Accident Claims 

The Limitation Act 1980 outlines the limitation period for personal injury claims. This legislation states that the claims process generally needs to begin within 3 years of the incident occurring, though some exceptions may apply.

For example, if you were under the age of 18 when you suffered injuries, the time limit is suspended until the date you become of age. This is because you are unable to represent yourself as a minor. However, a litigation friend can be appointed at any time to seek compensation on your behalf. Once you turn 18, providing no claim has been made, you have 3 years in which to do this yourself. 

Contact us today to learn more about making sub-contractor accident claims and the exceptions to the time limit that could apply. 

Types Of Sub-Contractor Accident Claims

Sub-contractor accidents could take many forms. However, negligence must have occurred in order for you to claim compensation.

Some examples of accidents caused by a breach of duty of care may include:

This list isn’t extensive, and you may have suffered injuries as a subcontractor in other ways. For guidance on how to prove your claim, please read on. You can also connect with our advisors for free advice about the process of claiming.

Proving Sub-Contractor Negligence Claims

To validate your sub-contractor accident claim, you must provide evidence that negligence was the cause of your injuries. You can also collect proof that demonstrates the extent to which you were affected.

Some examples of potential evidence include:

  • CCTV footage of the accident occurring
  • Photographs of your injuries
  • A diary that outlines your treatment and symptoms
  • Medical evidence, such as a doctor’s reports and hospital admission documents

You may be advised to attend an independent medical assessment to determine the extent to which your injuries have affected and will continue to affect you. As well as helping with your recovery, this will provide you with key evidence for your claim. If you work with a solicitor from our panel, they could organise this for you in your local area. Contact our team today to learn more. 

Estimating Payouts For A Sub-Contractor Accident Claim

Compensation for personal injury claims can be made up of two heads of claim. The first of these is general damages, which compensate you for the physical and emotional harm you experienced as a result of the accident. Legal professionals use the Judicial College Guidelines (JCG) to help them assign a value to general damages. This document contains compensation brackets for a range of different injuries.

Below, we’ve provided some examples from the JCG to help you understand how injuries are calculated. Please note that these figures are a guideline and should not be taken as guarantees. 

Injuries Compensation Bracket Injury Information
Very Severe Head Injury (a) £282,010 to £403,990 Little evidence of response to environment of a meaningful nature.
Moderately Severe Head Injury (b) £219,070 to £282,010 Very serious disabilities, including limb paralysis with impaired personality and intellect.
Severe Back Injury (a) (i) £91,090 to £160,980 Damage to the spinal cord and nerve roots create serious pain with impaired bladder and incomplete paralysis.
Moderate Back Injury (b) (i) £27,760 to £38,780 Injuries in this bracket entail residual disabilities that still cause continuous pain. For example, prolapsed intervertebral disc requiring surgery.
Chest Injury (a) £100,670 to £150,110 One lung is totally removed with serious heart damage and prolonged pain from the worst chest injuries.
Chest Injury (b) £65,740 to £100,670 Traumatic chest, lung and heart injuries cause permanent damage and physical disabilities.
Very Serious Leg Injury (b) (ii) £54,830 to £87,890 Permanent issues are caused by the injury, including serious deformity and limitation of movement.
Serious Leg Injury (b) (iii) £39,200 to £54,830 Injuries to joints and ligaments that require prolonged treatment, though scarring and instability will remain.
Severe Ankle Injury (b) £31,310 to £50,060 Extensive treatment is required with significant disabilities remaining.
Modest Ankle Injury (d) Up to £13,740 Less serious fractures, sprains and ligament injuries with discomfort, scarring and loss of movement.

Valuing Special Damages

Additionally to general damages, you can also seek compensation through special damages. This covers the financial losses you suffered after being injured through a breach of duty of care. For example:

  • Loss of current and future earnings
  • Care costs
  • Alterations to your home, such as widening doorways for wheelchair access and fitting a stairlift
  • Travel expenses

As with other areas of your claim, evidence must be provided to be reimbursed for financial losses. This could include prescriptions, bank statements and receipts. If you’re unsure about how to collect valid evidence for your claim, you may be interested in working with a solicitor for your claim. See below for more details on the benefits of legal representation for sub-contractor accident claims.

Speak To An Expert About Your No Win No Fee Sub-Contractor Accident Claim

Our panel of solicitors can work with you through a Conditional Fee Agreement (CFA). This type of claim offers you benefits from No Win No Fee agreements, such as:

  • No upfront or ongoing solicitor fees
  • Legal representation and support from a personal injury expert throughout your claim
  • No solicitor fees if your claim ends unsuccessfully
  • You’re only expected to pay your solicitor if your claim succeeds

With a successful claim, a legally capped success fee is taken from your compensation award. These terms are discussed with you before you agree to claim with a CFA. Additionally, our advisors can connect you with a No Win No Fee solicitor from our panel if your claim holds a chance of success. See below for our contact details to start your claim today.

Speak To An Expert About Your Claim

Our advisors are available 24/7 to answer any questions you may have about making a personal injury claim.

Learn More About Sub-Contractor Negligence Claims

If you’re still looking for further information on personal injury claims, see more of our guides below.

Additionally, further resources can be found here.

For further support with your sub-contractor accident claim, call our advisors today.

Guide by JA

Edited by FS