How Much Compensation Can I Claim For An Accident On a Building Site?
By Michael Patrick. Last Updated 28th January 2021. Within this guide, we are going to look at building site accident compensation claims in greater detail. Accidents on building sites affect many people, regardless of whether they are employees, workers, or visitors. These accidents can cause life-altering injuries. In cases where you have suffered an injury on a building site, you might be owed compensation.
It does not matter if you are a direct employee of the construction company, a subcontractor, or a member of the public; if you have suffered an injury as a result of an accident on a building site, you could receive compensation as part of a personal injury claim. This guide is designed to provide you with the information and context needed to make such a building site accident compensation claim.
Select a section:
- A guide to building site accident and injury claims.
- Who is responsible for safety on a building site?
- Is the building site always at fault in an accident claim?
- What to do if you are involved in an accident on a building site?
- Claiming compensation for an injury on a building site as a member of the public.
- Claiming compensation for an injury on a building site as a worker.
- What are the most common injuries on a building site?
- How to begin a building site accident compensation claim.
- What can be claimed for after an accident on a building site?
- How much compensation will I get for an accident on a building site?
- A building site injury case study.
- No win no fee building site injury claims.
- Why choose us as your claims service for a building site accident claim?
- Call for free advice and to start a claim.
This guide exists to inform and assist you with your personal injury compensation claim for accidents that have occurred on a building site. It will provide you with comprehensive and accurate information regarding the potential issues that you need to consider before making your building site accident compensation claim, as well as the process for actually kickstarting a compensation claim.
The guide will consider the implication of health and safety standards on the potential negligence of building companies and the different situations that may have led to your building site accident. Such situations could include those where you are a visitor or a member of the public.
The guide will also inform you about the evidence needed to make a valid compensation claim and the amount of compensation that you may receive and advice regarding how best to ensure all of your costs and expenses are covered.
You may be surprised to find that several individuals are responsible for safety on a building site. These include the client, i.e.construction company; the designer, i.e. the architect; the constructions regulations coordinator; and the principal contractor, i.e. site manager.
As a result of the Occupier’s Liability Act 1957, the occupier of a property automatically has a duty of care towards those entering the space, regardless of whether or not they are employees of the occupier. In this instance, an occupier could be defined as the person renting, owning, or leasing the property. This duty of care is then reinforced by the Construction Design and Management Regulations, which ensure this responsibility regarding construction sites is shared between the aforementioned parties.
This means that, ultimately, the compensation could be paid out by a specific party, depending on whom it is decided acted negligently. Examples could include:
- The client, in most cases, the construction company, that occupies the property. They could be considered negligent and thereby responsible for your accident if they ignored or failed to enforce the construction regulations coordinator’s advice.
- The designer could also be considered negligent and thereby responsible for ignoring the advice of the client with regards to how the site should measure up to health and safety standards.
- The constructions regulations coordinator could also be considered negligent if they have failed to inform the client about all the necessary health and safety standards.
- Additionally, the principal contractor – in these cases commonly the site manager – would be considered negligent and thereby responsible only if they failed to properly and fully act upon the guidelines presented to them by the client.
As you can see, cases such as these are often complex. However, that does not mean that you should not pursue compensation.
In addition to certain parties abdicating their responsibilities, the building site itself may not be at fault for the accident that caused your injury, and thereby not liable for providing you with compensation. If your accident was not caused by the site’s negligence and adhered to the health and safety standards enforced by the Health and Safety Executive, then a different party may be at fault. These can include (but are not limited to):
- An independent contractor working on the site may be regarded as being at fault, provided the construction company adhered to proper measures in recruitment and briefed them on the expected health and safety standards when working on the site.
- An equipment manufacturer may, in fact, be at fault for your accident. If the equipment was declared safe by the manufacturer and was then was found to be faulty and thus the cause of your accident, the manufacturer may be liable to pay compensation for your claim.
While many parties may be considered, most cases will begin by focusing on the building site itself and the principal parties outlined above.
The procedures following an accident can be confusing. Your first priority should be to attend to any medical requirements caused by an injury. Once this is done, you should make sure you note your accident in the site’s accident report book. Following this, you can begin gathering evidence to support your compensation claim:
- Firstly, you should gather witness statements from those surrounding you. For example, if you have suffered a back injury as a result of falling from scaffolding, you should get statements from others working at the site to confirm your version of events and to provide information about the site.
- Secondly, you should find evidence that your accident resulted from negligence on the part of a certain individual. This includes determining the owner of the property, who the site manager was at the time of the accident, and discerning whether safety regulations were ignored at any stage of the process.
- Thirdly, you should ensure that you have evidence in support of the severity of your injury. To return to the example, after your accident, you were taken from the building site into the hospital by ambulance and then given x-ray tests to see what damage had been done. You could collect the EMT report and x-ray results to highlight your injury’s severity and maximise your compensation.
Following the above steps can provide a solid base of information from which a legal team can build a case. For more advice on claiming building site accident compensation, please get in touch with our personal injury claims team.
If you have been injured on a building site as a member of the public, then the Construction Design and Management Regulations will not apply to you. This means that you will need to make a private injury claim against the occupier. The property owner’s general responsibility as a part of the Occupiers Liability Act does still apply to you. This means that the property occupier still has a responsibility to ensure your safety when on the property, as long as you act reasonably.
The occupiers’ liability does not cover purposefully dangerous or unexpected actions but does require clearly defined boundaries of the site to be displayed and requires that steps be taken to ensure unauthorised visitors cannot easily access the site. This could include building and maintaining a fenced perimeter. Certain sites might require 24-hour security or restrict access during certain hours. Such requirements vary depending on the nature of the site. For more information on making a claim as a member of the public, contact us today.
If you are a worker at the building site and you attempt to claim compensation for an accident, you will need to make a worker’s compensation claim against your employer.
This means that, rather than claiming against an individual who may have been negligent in their duties regulating health and safety, you will be claiming against the company as a whole and your compensation will come out of their Employer’s Liability Insurance.
Below, we will detail those who would like to learn more about beginning a compensation claim.
- Slips and falls are by far the most common cause of injury on a building site. The Occupational Safety and Health Administration (OSHA) reports 36% of construction site injuries are caused by slips trips or falls. These can commonly cause moderate and severe neck or back injuries, and even death if proper safety standards are not adhered to.
- According to OSHA, falling materials are the next most common cause of injury on building sites, making up 10% of construction site injuries. These are typically caused by workers dropping heavy equipment and can lead to severe head or neck injuries if hit or severe limb injury if crushed between two falling objects/materials.
- Vehicle accidents are a surprisingly common cause of injury on building sites, mainly due to road construction and repair sites. These accidents commonly lead to at least minor leg injuries if not moderate and severe back and neck injuries depending upon the car’s speed.
- Equipment malfunctions also cause a surprising amount of injuries on building sites, either through machinery error and faulty or poorly secured electrical systems, resulting in electrocution, fires, or even explosions when combined with gas. These accidents could result in moderate and severe injuries to limbs or burns to the face or body.
- Overexertion is another common cause of injury on building sites by working without adequate breaks or harsh weather conditions. These accidents can easily lead to moderate muscle damage in your arms or shoulders and even long-term damage through mistakes made by overexerted workers.
The process of beginning your compensation claim for an accident on a building site is certainly simpler than might be expected. With the professional support that our company provides throughout the claims process, it could not be easier to make a building site accident compensation claim.
As previously mentioned, the first step you need to take is to gather the necessary evidence to support your claim. This could include almost anything that you believe to be relevant and support your account of the accident and injury. Typical evidence that tends to be used includes witness statements, medical reports, and photographic evidence of the site in question.
Next, it will help to seek out legal representation. This can be done either by calling our phone number or filling in a contact form on our website to receive a free consultation over the phone. In this consultation session, we will assess how valid we believe your compensation claim is, depending upon the evidence you provide.
After this session, we can begin the process of bringing your compensation claim to court. We will also conduct further fact-finding, possibly by looking at CCTV or arranging local medical assessments to evaluate the severity of your injury. We can arrange for you to visit a doctor to evaluate the severity of the injury. These steps help to ensure that the maximum amount of compensation is reached.
Then we will begin legal proceedings. Thanks to our ‘No Win No Fee’ policy, we won’t charge you legal fees unless we are successful in arguing your case.
When most people begin their personal injury compensation claim, they can only claim their medical costs directly resulting from their injury. However, this is incorrect and could result in an underestimation of the amount of compensation owed. In fact, you have the ability to claim for almost any damages and costs that have been incurred as a result of the accident, not just medical costs. These can include (but are not limited to):
- General damages – unspecified damages such as pain and emotional suffering occurring due to the injury, the effect your injury has had on day-to-day life, and any loss of reputation stemming from the injury. These are commonly claimed but are difficult to prove due to their unspecified nature.
- Special damages – this includes easily measurable damages such as direct loss of earnings, cost of home-care required as a result of your injury, and damage done to your property. Again, these damages are commonly claimed as part of compensation and tend to be successful as they are easily proved and measurable.
- Medical costs – this includes the cost of medical tests and treatments either not covered by insurance or sought out from overseas or private healthcare providers. These costs are also easily proved as part of your claim, as the costs should be directly recorded.
- Travel costs – this includes the cost to travel between your home and hospital appointments and potentially travel to foreign countries if treatment is sought overseas. These costs are less commonly claimed than medical costs but are still easily proved in court if you have kept an accurate record and gather proper evidence.
As you can see, the number of different damages and costs related to your injury is vast and comprehensive. However, all of these do depend heavily on the severity of the injury you have suffered. This is the aspect of your claim that will be most heavily investigated and taken into account.
When you make a personal injury compensation claim for an accident on a building site, the amount of compensation you will receive can vary. However, the most important aspect of your claim that will be considered when deciding how much compensation you receive is your injury’s type and severity.
The below table includes a number of injury types matched against potential severity and respective average compensation amounts:
|Type of Injury||Severity of Injury||Compensation Amount|
|Toe Injury||Moderate||Up to £9,010|
|Toe Injury||Severe||£12,900 to £29,770|
|Foot Injury||Moderate||£12,900 to £23,460|
|Foot Injury||Very Severe||£78,800 to £102,890|
|Ankle Injury||Modest||Up to £12,900|
|Ankle Injury||Severe||£29,380 to £46,980|
|Knee Injury||Moderate||£13,920 to £24,580|
|Knee Injury||Severe||£65,440 to £90,290|
|Leg Injury||Serious||£36,790 to £51,460|
|Leg Injury||Very Serious||£51,460 to £85,600|
|Wrist Injury||Moderate||£11,820 to £22,990|
|Wrist Injury||Severe||£44,690 to £56,180|
|Hand Injury||Moderate||£5,260 to £12,460|
|Hand Injury||Serious||£27,220 to £58,100|
|Elbow Injury||Less Severe Injuries||£14,690 to £30,050|
|Elbow Injury||A Severely Disabling Injury||£36,770 to £51,460|
|Shoulder Injury||Minor||£4,080 to £7,410|
|Shoulder Injury||Severe||£18,020 to £45,070|
|Neck Injury||Minor||£4,080 to £7,410|
|Neck Injury||Severe||In the region of £139,210|
|Back Injury||Minor||£7,410 to £11,730|
|Back Injury||Severe||£85,470 to £151,070|
|Face Injury||Less Significant Scarring||£8,550 to £28,240|
|Face Injury||Very Severe Scarring||£27,940 to £91,350|
|Brain damage||Less Severe||£14,380 to £40,410|
|Brain damage||Very Severe||£264,650 to £379,100|
As evidenced above, the amount of compensation you could receive from your claim can vary to an extreme degree, depending on the type and severity of your injury. This is why your injury’s medical assessment is one of the most important aspects of your claim and deserves close attention. We offer local medical assessments to ensure that you have the evidence to back up the severity of your injury and thereby maximise the compensation you can claim.
For more advice on building site accident compensation, please get in touch.
As we have previously mentioned, workplace accidents are prevalent and often contribute to various degrees of trauma. We have taken the time to include some critical statistics provided by the Health and Safety Executive (HSE). However, please keep in mind that the statistics provided are not directly in relation to negligence.
As stated by the HSE, they outlined that:
- 1.6 million working individuals had suffered from a work-related illness in 2019/20.
- 111 workers, unfortunately, were killed at work.
- Mesothelioma deaths due to prior asbestos exposures accounted for 2,446 deaths.
- There were 693,000 people sustained an injury at work.
- £38.8 million working days were lost due to work-related illness and injury.
If you believe that your accident at work was caused by negligence, please reach out one of our advisers to access free legal advice.
The most stressful problem that you are likely to be faced with when making building site injury claims could be the potential legal fees, even if your compensation claim is successful. The legal fees that may be charged against you by your solicitor could be considerable. If you are already experiencing financial issues due to your injury, then such fees are a particular hindrance to winning compensation. As a result, your injury becomes even costlier.
Alternatively, our ‘No Win No Fee’ Policy guarantees your financial stability throughout the claims process. This policy, also called a ‘Conditional Fee Agreement,’ ensures that we will do our best to win your case and maximise the compensation you receive. We only charge for our services on the condition that we win your compensation claim in court; if your claim fails, you won’t have any legal fees or debt to add to your worries. This provides a safe and stable base for you to claim construction injury compensation following your accident successfully.
Our years of experience in dealing with personal injury claims has positioned us as one of the best law firms for those dealing with claims following building site accidents. It has given us a deep understanding of how to maximise your chances of being successful in your compensation claim and raise your potential compensation total.
Our team of legal experts will ensure that your construction injury claim is dealt with efficiently and professionally both in and out of court. They can assist you in your claim along every step of the process and give you premium advice on how best to proceed. This is highlighted by our ‘No Win, No Fee’ policy. This emphasises our company’s commitment to justice, especially for those undergoing financial difficulties. It limits the amount of stress that you will face throughout the claims process. We can even arrange for a local medical evaluation to strengthen the evidence in support of your claim.
In short, we are by far the best company for dealing with personal injury claims.
It does not matter whether you are a direct employee of the construction company, a subcontractor, or a non-affiliated visitor who simply happened to suffer an injury; if you have suffered an injury on building site grounds, you could receive it compensation as part of a personal injury claim.
You can find out more about your claim through the contact form on our website or by calling the number below. Once you get in touch, we can begin the process of winning the compensation for the accident you suffered.
Call 0800 073 8804 now and our team will be able to provide you with free advice on how to proceed with your claim.
Building Site Accident Compensation FAQ
How much compensation do you get for a head injury at work?
If a loved one happens to suffer a head injury at work due to third party negligence, if they do not have the mental capacity to make their own claim, then you may consider taking legal action. When making a claim of this nature, it will fall under the Mental Capacity Act 2005.
It is also worth noting that the amount of compensation you could be awarded will be heavily influenced by the accident cause, the trauma suffered, and various other factors. Please reach out to our team today to access free legal advice regarding your potential case.
How much do you get for a slip, trip and fall at work?
The amount of compensation you could be awarded for a slip, trip and fall will often vary. For instance, if you were to slip and fall from a substantial height, the types of damage you could experience will inherently differ from a trip over a kerb. Therefore, the amount you could be awarded will inherently differ from case to case.
Thankfully, our claims team is well versed in the law, which means they can offer an estimated figure after speaking with you and hearing the details of your potential case.
Should I begin my claim within a certain timeframe?
In order to make a successful claim, you are required to begin your case within a personal injury claims time limit. For most cases, the limitation period is 3-years from the date of the incident. However, there are exceptions to the time limit. Please contact our team today to discover whether your case meets this critical criterion.
Thank you for taking the time to read our building site accident compensation guide.