Construction Site Accident Claims Guide
By Stephen Hudson. Last Updated 17th July 2024. Have you suffered an injury in a construction site accident? Did someone else’s negligence contribute to the accident? If so, you may be able to put forward a personal injury claim for compensation. Our guide will explore the steps you can take and the rights you have following an accident.
There are various circumstances in which you could have suffered an injury on site. For instance, you may have been injured while visiting from another company or while working on the site.
However, if someone owed you a duty of care, and you suffered harm as a result of someone breaching this duty, you could put forward a claim for compensation accounting for the impact of your injuries.
Please continue reading for further information. Alternatively, if you have any questions whilst or after reading, you can contact our advisors using the details below.
- Call us on 0800 073 8804.
- Provide your contact details by filling out the form, and an advisor will get back to you.
- Use the live chat feature to get instant help.
Select A Section
- What Is A Construction Site Accident?
- Who Is Liable For Health And Safety On A Building Site?
- Causes Of Construction Site Accidents
- What To Do After An Accident On A Building Site
- How Long Do I Have To Make A Construction Site Injury Claim?
- What Evidence Do I Need To Support My Construction Accident Claim?
- Construction Site Accident Compensation Payouts
- Construction Site Accident Claims With A No Win No Fee Solicitor
What Is A Construction Site Accident?
A construction site accident often involves construction workers suffering harm due to poor health and safety. However, it’s important to note that not every accident will have been someone else’s fault. For that reason, the claim you hold must be valid before moving forward.
A claim may be valid if you can prove that someone acted negligently. For instance, you suffered harm after someone failed to provide you with the duty of care they owed you. Continue reading for more detail on what the duty of care means.
If you were harmed in a construction accident, get in touch with our advisors. They can assess whether negligence occurred. Furthermore, if they feel you have a strong claim, you could begin seeking compensation for your pain and suffering.
Who Is Liable For Health And Safety On A Building Site?
Determining who is liable for an accident can depend on how it happened. For instance, if you’re employed to work on the construction site, your employer is responsible for keeping you safe from harm. This is their duty of care.
As per Section 2 in the Health and Safety at Work etc. Act 1974 (HASAWA), they have a duty of care to do everything reasonably possible to prevent you from coming into physical or psychological harm. For instance:
- Providing breaks in between shifts.
- Providing safety equipment where relevant, e.g. ear and eye protection, a hard hat to prevent a head injury, protective shoes, or masks.
- Carrying out regular risk assessments to stay on top of any potential risks.
- Providing adequate training to ensure you are capable of doing your job properly and safely.
If the accident could have been avoided, had they provided a duty of care, they may be liable for your construction site accident.
Construction site jobs are often managed by different parties, so it is not always your employer who assumes the duty of care. For example, the site’s main contractor or manager might be responsible if site safety measures were not carried out.
You can claim against your employer or another party if you can show that:
- They owed you a duty of care.
- This duty of care was breached. For example, you were not given the necessary protective equipment.
- Because of this breach, you suffered physical and/or mental harm.
If you’re unsure whether you can claim for a building site accident or who the claim would be against, please call us today for free advice.
Causes Of Construction Site Accidents
Construction accidents are not uncommon and can happen in different ways. However, not all of them are a result of third-party negligence. These examples highlight ways in which someone else could be liable for an accident on a construction site.
- Site workers are required to work with caustic acid to clean concrete structures but are not given protective eye goggles. The acid spills from a container onto a worker standing below, causing them to lose vision in both eyes and suffer chemical burn injuries to their face.
- An employer does not give adequate training to their employees on manual handling. One worker suffers a moderate back injury from lifting materials that were too heavy for them.
- The site manager does not provide safety guards for employees working from height. One person suffers a broken arm and a serious brain injury when they fall and hit their head.
- An employer provided a worker with faulty equipment, leading to them requiring an amputation due to a serious injury.
Many different injuries could result from a workplace accident. If you suffered injuries in an accident caused by a third party’s inability to keep the site safe, you might be able to claim compensation. Just call today to learn more.
What To Do After An Accident On A Building Site
After an accident on a building site, it can be hard to know what steps to take next, especially if you’ve suffered severe injuries.
The first step you should take is to seek medical attention. No matter how minor or severe your injuries are, the most important thing to do first is to have your injuries treated. This means that you get the help you need, but it also helps you create a permanent record of your claim.
Then, you can log the incident in the accident book. If you can’t do this yourself, a trusted colleague can do it for you. All workplaces with ten or more employees are legally required to have an accident book.
After this, we recommend that you seek legal advice. Our team of advisors can help you with this, and can tell you whether or not you have a valid claim, as well as help you get in touch with one of our construction accident claims solicitors.
To learn more about your next steps after suffering an accident on a building site, contact our team of advisors today. Or, if you’d like to learn more about the accident at work claims process, read on.
How Long Do I Have To Make A Construction Site Injury Claim?
After an accident at a construction site, you typically have three years from the date you were injured to bring forward a claim. There are circumstances where the limitation period can be suspended. For example:
- If someone is under 18, the three-year time limit is suspended until their 18th birthday. For example, someone could be involved in a construction site accident. They would have until their 21st birthday to take action unless a litigation friend started a claim on their behalf.
- The time limit is indefinitely suspended if the claimant lacks the required mental capacity to bring forward their own claim. For example, if they suffer a traumatic brain injury in a building site accident, they may be left unable to make their own decisions. If they ever regain the mental capacity required to start a claim, the three-year limitation period begins from the date of recovery.
Get in touch at any time if you are unsure what time limit applies to your case. Our advisors can clarify free of charge and can also discuss if a litigation friend could help you.
What Evidence Do I Need To Support My Construction Accident Claim?
Evidence is important not only in proving that an accident happened, but in establishing liability and laying bare the extent of your injuries. Some proof you could collect includes:
- CCTV footage.
- Photographs of the accident scene.
- A copy of the log made in the site’s accident book.
- Witness contact information.
- Medical records detailing your injuries and treatment.
- Payslips, invoices and other documents that prove financial loss. This is vital if you wish to claim special damages compensation.
As well as being able to help you gather evidence, a solicitor can help arrange an examination by an independent healthcare professional to provide further medical evidence.
To learn more about how you can instruct a solicitor to handle key elements of your claim for an accident on a building site, call our team today.
Construction Site Accident Compensation Payouts
Compensation is often divided into two categories: general and special damages. General damages cover the compensation you may receive for your physical or psychological injuries.
When calculating damages for your injury, there will be consideration given to the impact it’s had on your quality of life. Additionally, whether your injuries have had a long term impact will also be observed.
As each injury is unique, it’s difficult to provide an average compensation settlement figure. However, we have created a compensation table below which gives examples of how different injuries may be valued.
The figures used in the table come from the Judicial College Guidelines (JCG), which is a document often used to help value claims. However, other evidence is used alongside the JCG, so it’s advisable to only use the figures as a guide.
| Type of Injury | Severity | Compensation Award |
|---|---|---|
| Multiple Severe Injuries And Financial Damage | Serious | Up to £500,000 |
| Brain Damage | Moderately Severe | £267,340 to £344,150 |
| Brain Damage | Moderate (iii) | £52,550 to £110,720 |
| Injuries Affecting Sight | Total Blindness | In the region of £327,940 |
| Chest | Traumatic Injury Causing Permanent Damage | £80,240 to £122,850 |
| Chest | Single Penetrating Wound | £15,370 to £21,920 |
| Leg | Very Serious | £66,920 to £109,290 |
| Facial Disfigurement | Less Severe | £21,920 to £59,090 |
| Back | Moderate (i) | £33,880 to £47,320 |
| Hand | Severe Fractures to Fingers | Up to £44,840 |
What Are Special Damages?
In addition to seeking compensation for your injuries, you are entitled to seek reimbursement of any financial losses incurred due to the accident under special damages. These cover both past and future losses the injury causes, such as:
- Care costs
- Travel expenses
- Medical expenses
- Loss of earnings
- Loss of pension contributions
However, not every claim will include these, so they will be calculated separately before being added to your settlement figure.
If you’d like to calculate your claim yourself, why not use our compensation calculator as a handy guide? Alternatively, give our advisors a call for a free estimate.
Construction Site Accident Claims With A No Win No Fee Solicitor
If you have strong grounds to claim construction accident compensation, you could speak with our advisors about getting support from a solicitor. Our advisors may connect you with one of our No Win No Fee solicitors.
One of our No Win No Fee solicitors could offer to support your construction site accident claim under a Conditional Fee Agreement (CFA). Under such an agreement, you won’t have to pay any upfront or ongoing service fees to your solicitor. Furthermore, you won’t need to pay your solicitor for the work they have provided on your case if your claim proves unsuccessful.
If you succeed with your claim, then the No Win No Fee solicitor who helped you will take a success fee. This is a legally capped percentage taken from the compensation awarded to you.
To learn more about construction accident claims, or to see if you could be eligible to work with one of our No Win No Fee solicitors, you can contact our advisors for free today. Please get in touch using any of the following contact details:
- Call us on 0800 073 8804
- Provide your contact details by filling out our online form, and an advisor will get back to you.
- Use the 24/7 live chat feature.
Learn More
For more information on your rights after an accident at work, see our guide.
Read our guide on the process of making a personal injury claim against your employer.
See the Health and Safety Executive for more workplace accident statistics.
Visit the NHS website if you require any medical advice.
The Royal Society for the Prevention of Accidents (RoSPA) provides guidance on accident prevention in the workplace.
Thank you for taking the time to read our guide on the process of seeking compensation after a construction site accident. We hope you found it informative.
