How Much Compensation Can I Claim For An Accident On a Building Site?
By Olivia Fitzpatrick. Last Updated 13th July 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 claim after suffering as a result of a building site accident.
You can find out more about making a claim by getting in touch using the options below. Once you get in touch, we can begin winning the compensation for the accident you suffered.
Could I claim building site accident compensation?
Firstly, it’s important that we note how different cases of personal injury can be. With this in mind, every case is unique, so it’s impossible to gauge whether you could have grounds to make a claim without undergoing a legal consultation.
If you’re interested in seeing whether you could be entitled to claim building site accident compensation, please don’t hesitate to get in touch with us today. Our team of specialist advisors can offer you impartial and free legal advice to inform your next steps and could even connect you with a No Win No Fee solicitor to handle your claim.
In the meantime, there are a few simplified steps you could take to help identify whether you could be entitled to make a claim.
Ultimately, you must be able to prove that third-party negligence led you to suffer some sort of damage, whether that be physical, psychological or financial. Here are some quick questions you can use to help determine whether you could be eligible:
- Did a third party owe you a duty of care by law?
- Did they breach that duty of care?
- Did you suffer as a result?
If so, you could be able to make a personal injury claim. Read on to learn more.
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 on a building site. It will provide you with comprehensive and accurate information regarding the potential issues that you need to consider before making a 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 you may receive, and advice regarding how best to ensure all of your costs and expenses are covered.
It may be surprising to learn 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 renting, owning, or leasing the property. This duty of care is then reinforced by the Construction Design and Management Regulations, ensuring that construction sites are shared between the aforementioned parties.
This means that, ultimately, 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 client’s advice regarding 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, accident at work claims are often complex. However, that does not mean that you should not pursue compensation by using our personal injury solicitors.
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 therefore, they’re 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 manufacturer declares equipment that later has a fault and causes your accident, the manufacturer may be liable to pay compensation for your claim.
Most cases will begin by focusing on the building site itself and the principal parties above.
The procedures following an accident can be confusing. Your priority should be to attend to any medical requirements caused by an injury. After this, 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 property owner, who the site manager was at the time of the accident, and discerning any ignoring of safety regulations 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 should go from the building site into the hospital by ambulance and then give x-ray tests to see the damage. 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 compensation, please contact 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 still applies 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 it does require clear boundaries of the site on display. And it requires steps to ensure non-employee 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 compensation claim as a member of the public, contact us today.
If you are a worker at the building site and 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 you may expect. With our company’s professional support throughout the claims process, it’s easy to make a compensation claim.
Again, 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 includes witness statements, medical reports and photographic evidence of the site in question.
Next, it will help to seek out legal representation. You can do this 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 achievable.
Then we will begin legal proceedings towards you receiving compensation if victorious. Thanks to our ‘No Win No Fee’ policy, we won’t charge you legal fees unless we successfully argue your case.
When most people begin their personal injury compensation claim, they can only claim their medical bills 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 as a result of the accident, not just medical bills. These can include:
- 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 common but are difficult to prove due to their unspecified nature.
- Special damages – these include easily measurable damages such as direct loss of earnings, cost of home-care requirements due to your injury, and damage to your property. These damages are common as part of compensation and tend to be successful as they are easily provable and measurable.
- Medical bills include the cost of medical tests and treatments either not under insurance or available from overseas or private healthcare providers. These costs are also easily provable as part of your claim, as it’s easy to record the costs.
- Travel costs include travelling between your home and hospital appointments and potentially travelling to foreign countries if treatment is necessary overseas. These costs are less common than medical costs but are still easily provable in court if you keep 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 requiring a heavy analysis.
When you make a personal injury compensation claim for an accident on a building site, the amount of compensation you receive can vary. However, the most important aspect of your claim when deciding how much compensation you receive is your injury’s type and severity.
The below table includes several injury types matched against potential severity and respective average compensation amounts:
Updated July 2021.
|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 claiming 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 about 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 worker deaths at work.
- Mesothelioma deaths due to prior asbestos exposures accounting for 2,446 deaths.
- 693,000 injuries at work.
- A loss of 38.8 million working days due to work-related illness and injury.
So, is negligence the cause of your accident at work? If so, please reach out to one of our advisers to access free legal advice.
The most stressful problem when making building site injury claims could be the potential legal fees. Now, these legal charges against you by your solicitor could be considerable. If you already have financial issues due to your injury, such fees are a particular hindrance to winning compensation. As a result, your injury becomes even costlier, which should theoretically increase your potential payout.
Alternatively, our ‘No Win No Fee’ Policy guarantees your financial stability throughout the claims process. This policy (a ‘Conditional Fee Agreement’) ensures that we do our best to win your case and maximise your compensation.
We only charge for our services on the condition that we win your compensation claim in court. You won’t have any legal fees or debt on a No Win No Fee basis if your claim fails. This provides a safe and stable base for you to claim construction injury compensation following your accident successfully.
Our years of experience handling personal injury claims makes us the best law firm for claims following building site accidents. We can maximise your chances of being successful in your compensation claim and raising your potential compensation total.
Our team of legal experts will handle your construction injury claim efficiently and professionally, both in and out of court. They can assist your claim along every step of the process and give you premium advice on how best to proceed. This is clear from 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 doesn’t matter if you’re an employee, a subcontractor or a visitor who suffers an injury. You could receive compensation as part of a personal injury claim.
You can find out more about your claim through our contact form or by calling the number below. Once you get in touch, we can begin winning the compensation for your suffering.
- HSE Health and safety in the construction industry
- NHS Back Pain
- Mental Health Resources – NHS
- Citizens Advice – Accident at work advice
Building Site Accident Compensation FAQs
How much compensation do you get for a head injury at work?
Let’s say that a relative suffers a head injury at work due to third party negligence. If they subsequently lack the mental capacity to make their own claim, you may consider taking legal action. When making a claim of this nature, it will fall under the Mental Capacity Act 2005.
It’s also worth noting that the causation and trauma will heavily influence the compensation. 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 receive for a slip, trip and fall will often vary. For instance, imagine if you slip and fall from a substantial height. Such types of damage to experience may inherently differ from a trip over a kerb. Therefore, the amount you may receive will inherently differ from case to case.
Thankfully, our claims team have firsthand knowledge of the law. So, they can offer an estimation after speaking with you and hearing the details of your potential case.
Should I begin my claim within a certain timeframe?
To make a successful claim, you must 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.
How long do compensation claims take to settle?
They generally reach a conclusion within 6-12 months.
What are the most common accidents in construction?
These include falls, strikes from objects, equipment trapping the victim and suffering electrocution.
What are the factors that cause accidents?
These include human error, poor maintenance, machinery malfunctions and hazardous environments.
Should I accept the initial offer of compensation?
No, and the reason why is that you almost always receive a larger follow-up offer.
What happens if I turn down a settlement offer?
It doesn’t mean you won’t receive a settlement, but it does mean you won’t be able to accept that offer.
Thank you for taking the time to read our building site accident compensation guide.