Complexity and Value in Personal Injury Cases Arising From Construction Sites

By: Henry Kirkup

Construction remains arguably the most dangerous industry in the UK, where accidents can lead to serious spinal and brain injuries, amputations, chronic pain, and, tragically, fatalities.

Legal cases arising from serious incidents are often complex. Large sites will generally have several contractors with different responsibilities assigned under various regulations that govern the workplace. Furthermore, since construction operatives earn a high base wage in addition to perks and overtime, cases often involve high damages and significant future loss calculations.

These factors make construction and heavy industry prone to costly claims.

Such cases must have their complexities addressed early in the claims cycle. It's essential to speak to witnesses as soon as possible, preferably while the site is still in use, to obtain meaningful evidence —including photos — to convey the nature of factual matrix and the various responsibilities. It's sometimes also important to instruct an engineering expert at an early stage before evidence is altered or lost.

So far as quantum is concerned, steps should be taken to validate the appropriate multiplicand for any ongoing loss of earnings calculation, especially to identify potential artificial inflation, for example by irregular increased overtime or perks.

It's also important to carefully analyse the appropriate multiplier for ongoing earning capacity, particularly if there is an allegation of an ongoing disability. The definition within the Ogden tables (based on the DDA 1995) requires any such disability to have a substantial adverse effect on normal daily activities. This definition is very limited, which ought to be recognised.

Finally, it's always important to acknowledge the devastating nature of a serious workplace accident. Some of the most valuable learning experiences of my career have come from handling cases that profoundly affected employers, coworkers, and families, while also requiring coordination with both police and regulatory officials.

Although construction is a leading source of catastrophic injury claims, similar incidents also occur in manufacturing, retail, and road traffic environments, highlighting the application for specialist expertise.

I recently joined Strata Solicitors — A Gallagher Bassett Company. After decades of experience honing my expertise in catastrophic injury and large loss claims, I look forward to applying my expertise to Strata and Gallagher Bassett's services.

For over three decades, I've partnered with brokers, major insurers and management agents in dealing with claims of the utmost severity. I'm passionate about leveraging my experience and connections to collaborate with policyholders and stakeholders in evaluating defensibility and identifying loss trends, with the goal of improving worksite conditions and safety standards.

One of my key priorities in my new position at Strata Solicitors is making sure that our clients receive all the benefits of engaging an independent, specialist firm combined with the wealth of resources and claims management data available through Gallagher Bassett.

During my brief tenure with the firm, I have been impressed by its client-focused and collaborative culture. Strata have built a tailored team of seasoned litigators, each an authority in their field. We are afforded the time to deal with clients directly, build an understanding of their circumstances and develop personalised solutions. There's a palpable sense of duty here to deliver great outcomes.

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