How Much Compensation Can I Claim For An Accident On a Building Site?
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 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 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 claim, as well as the process for actually launching a claim for compensation.
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 that is needed to make a valid compensation claim and the amount of compensation that you may receive, in addition to advice regarding how best to ensure all of your costs and expenses are covered.
You may be surprised to find that a number of 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 result of the Occupier’s Liability Act, 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 said 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 in a negligent manner. 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 advice given by the constructions regulations coordinator.
- 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 they 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 there are many parties which 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 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 was as result of 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 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 the severity of your injury and maximise your compensation.
Following the above steps can provide a solid base of information from which a legal team can build a case.
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, as the general responsibility assumed by the property owner as part of the Occupiers Liability Act does still apply to you. This means that the occupier of the property still has a responsibility to ensure your safety when on the property, as long as you are acting in a reasonable manner.
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 go into more detail for those who would like to learn more about how to begin a claim for compensation.
- 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.
- Falling materials are the next most common cause of injury on building sites, making up 10% of construction site injuries according to OSHA. 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 as part of 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 speed of the car.
- Equipment malfunctions also cause a surprising amount of injuries on building sites, either through machinery error and faulty or poorly secured electrical systems, which can result 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, through working without adequate breaks or in 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 and easier 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 in support of 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 0800 073 8804 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 to be, depending upon the evidence that you provide.
We will then provide you with an evaluation concerning how successful we believe it could be if you were to take your claim to court through our service. This is to ensure you do not invest time and money into a claim that has unrealistic chances of ever resulting in you receiving compensation for your accident.
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 in order 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 believe that they can only claim for 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 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 as result of 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 are vast and comprehensive. However, all of these do depend heavily on the severity of the injury that you have suffered, as 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 that occurred on a building site, the amount of compensation that 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 the type and severity of your injury.
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||Minor - Severe||Up to £42,600
|Foot Injury||Minor - Severe||Up to £153,200
|Ankle Injury||Minor - Severe||Up to £53,000
|Knee Injury||Minor - Severe||Up to £73,125
|Leg Injury||Minor - Severe||£1,000 to £214,350
|Finger Injury||Minor - Severe||Up to £27,925
|Wrist Injury||Minor - Severe||£1,000 - £45,500|
|Hand Injury||Minor - Severe||£1,000 - £153,200|
|Elbow Injury||Minor - Severe||Up to £41,675
|Arm Injury||Minor - Severe||£1,000 to £150,000
|Shoulder Injury||Minor - Severe||Up to to £36,500
|Neck Injury||Minor - Severe||Up to £112,750
|Back Injury||Minor - Severe||Up to £122,350
|Eye Injury||Minor - Severe||£1,000 to £136,700
|Ear Injury||Minor - Severe||Up to £83,325
|Face Injury||Minor - Severe||£1,000 to £12,000
|Head Injury||Minor - Severe||£1,000 to £307,000
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 the medical assessment of your injury 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.
To prove to you that your claim is worthwhile, here is a real example of someone’s successful compensation claim for an accident on a building site:
The claimant in question, who filed their claim in 2006, slipped on a loose brick whilst working on a construction site. The accident occurred due to a lack of proper lighting. This directly contradicted the health and safety regulations enforced by the Health and Safety Executive and, as such, the construction company was found responsible for the claimant’s injury.
Their injury consisted of a fracture to their left wrist (classed as a minor injury), sprain to their right wrist (also classed as a minor injury), and a shattered kneecap (classed as a moderate injury). These injuries were key to the claimant’s case, along with the negligence of the company, and resulted in the claimant being awarded £10,000 from the Employer’s Liability Insurance.
This shows you how your building site injury claim could proceed and how much compensation is potentially available. It also reveals how important the severity of your injury is to your compensation claim, as has been previously discussed. Though your case will almost certainly differ, our experience and expertise can help guide you towards a similar result.
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 as result of 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 successfully claim construction injury compensation following your accident.
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 best maximise your chances of being successful in your compensation claim, as well as raising 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, then you could receive 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.