Stood on nail working on a building site. Wasn't wearing safety boots. Can I still make a claim?

Posted on 3 May 2017

I work as a labourer for a builder and had an accident working on a building site last week. I was carrying a steel lintel with a work mate and when I stepped backwards off a concrete slab I stood on a 6 inch nail that was sticking up from an old piece of wood. The nail was twisted so it caused a lot of damage to my foot, which has needed surgery. I can't put any pressure on my foot so am off work, and probably won't be able to go back for a least 4 weeks.

The site was a real mess at the time, so the wood I stood on definitely shouldn't have been there. But my boss has blamed me for not wearing safety boots on site. I was wearing trainers, but have worn these loads of times in the past and my boss has never told me off or even said anything. Other people wear trainers on site too.

Please can you let me know if I am able to make a personal injury claim? Or is it my fault that I wasn't wearing safety boots.

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