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How To Claim For A Construction Site Accident

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.

construction site accident

Construction site accident guide

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.

Construction Site Accident Claims Explained

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.

  • 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

  1. A Guide To Construction Site Accident Claims
  2. What Is A Construction Site Accident?
  3. Construction Industry Injury Statistics
  4. Who Is Liable For Health And Safety On A Building Site?
  5. Health And Safety On Building Sites
  6. HSE Recommendations For Construction Sites
  7. Causes Of Construction Site Accidents
  8. Types Of Construction Site Accident
  9. Can Self-Employed Construction Workers Claim Compensation?
  10. Construction Site Accident Compensation Calculator 
  11. No Win No Fee Construction Site Accident Claims
  12. Start Your Claim 
  13. Learn More
  14. FAQs On Construction Site Accident Claims

A Guide To Construction Site Accident Claims

The main purpose of our guide is to provide you with further details on accident claims, particularly those made for injuries sustained at a construction site.

When making a personal injury claim, you’re entitled to seek compensation for the damages you’ve incurred. For instance, you may be able to claim for the physical or psychological pain and suffering you’ve endured as a result of your injury. Additionally, you may claim for any financial losses you’ve faced due to the accident.

Our guide will also look at how compensation is calculated and what it covers. Additionally, we’ll provide information on the steps you can take to build a strong case, including the evidence you could obtain to support your claim.

However, it’s important to be aware that you must hold a valid claim to seek compensation. This guide will help you determine whether employer negligence occurred by providing various examples of construction site accidents.

In addition, it can be beneficial to have a solicitor helping you through each stage of your claim. However, we understand the apprehensions you may have regarding the upfront costs normally associated with this option.

For that reason, our guide will look at how you could seek legal representation through a No Win No Fee agreement and how they work.

Although we have aimed to cover as much information as possible in our guide, we understand you may still have questions. If so, don’t forget you can call us at any time using the telephone number at the top of the page.

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.

There are various circumstances in which negligence may have occurred, such as:

  • An employer failed to provide you with a hard hat where it was necessary. As a result, you suffered a serious head injury after materials fell from a height.
  • Your employer provided you with faulty equipment resulting in you suffering an amputation.
  • A fall from a height caused you to break your leg due to your employer’s failure to carry out a risk assessment of the potential dangers.

If you experienced something similar, 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.

Construction Industry Injury Statistics

According to the Construction Industry Statistics Report, the Labour Force Survey (LFS) recorded 81,000 workers suffering from work-related ill-health in the construction sector in 2020. This included new or long-standing conditions.

The graph below shows the nature of these illnesses. As you can see, employees most commonly reported musculoskeletal disorders.

Construction Site Accident Statistics

Additionally, in the same report, the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations (RIDDOR) recorded 40 fatal injuries to construction workers in 2019/2020. A fall from height was amongst the most common causes recorded, making up 47% of fatal injuries.

The statistics highlight that construction workers face the risk of sustaining various injuries or work-related illnesses.

For more information on when an employer might be liable for these injuries, see below.

Who Is Liable For Health And Safety On A Building Site?- here

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. (However, you also have a duty to protect your own safety, by not acting recklessly for example.)

As per Section 2 in the Health and Safety at Work etc. Act 1974, 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
  • Allowing breaks in between using certain tools to prevent injury, e.g. vibrating tools
  • Providing safety equipment where relevant, e.g. ear and eye protection, hard hat, protective shoes, masks
  • Carrying out regular risk assessments to stay on top of any potential risks that could cause an accident
  • 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.

Health And Safety On Building Sites

There are often frequent visitors passing through construction sites. However, visitors to construction sites are also owed a duty of care.

As per the Occupiers’ Liability Act 1957, those in control of public space are expected to do everything they reasonably can to keep members of the public from experiencing harm. For instance, they may:

  • Carry out risk assessments
  • Provide Personal Protective Equipment (PPE) to visitors where necessary
  • Make them aware of the risks when visiting

HSE Recommendations For Construction Sites

The Health and Safety Executive (HSE) provides guidance on health and safety in various workplaces and industries in Great Britain. With regards to the construction industry, they aim to help employers minimise the risk of injury from accidents, such as:

Additionally, The Construction (Design and Management) Regulations 2015 sets out regulations for employers and employees working on construction sites to follow. For instance:

  • Planning the work to ensure any known risks are identified and managed effectively
  • Ensuring employees are all trained to work on the tasks they’re assigned
  • Being aware of how risks are being managed
  • Ensure risks are communicated to the relevant people

Causes Of Construction Site Accidents

An accident at a construction site could happen in various ways. For instance, employers not having the correct equipment, lack of training or exposure to dangerous substances could lead to accidents.

However, the following sections will look at some specific causes in more detail. Additionally, they will include examples of how an employer could be liable for an injury sustained in the accident.

Working without a break

Employers have a responsibility to provide you with a break during and in between shifts. The length of your shift will depend on the break you’re entitled to.

However, if they fail to provide the correct break, it could put you at risk of suffering different conditions. For instance:

  • Vibration White Finger: This condition can develop by repetitively using vibrating tools for long periods without regular breaks.
  • Work-Related Musculoskeletal Disorders such as Carpal Tunnel Syndrome: These can often develop through repetitive movements that put a continuous strain on different parts of the body. For instance, neck or back strain can be caused by constant heavy lifting.
  • Stress, depression or anxiety: Employers have an equal responsibility to protect their employees’ mental wellbeing. Failing to do so can contribute to work-related stress, depression, or anxiety, impacting employees inside and outside work.

Lack of protective equipment

According to HSE, employers are required to take necessary measures to protect staff from external risks. However, if there are still risks present that can’t be reduced any further or removed, they should provide Personal Protective Equipment (PPE) free of charge.

PPE includes helmets, protective footwear, gloves, eye and ear protection, such as goggles and earplugs. Each of these can help to prevent employees from suffering from the following injuries:

  • Vision impairment, e.g. temporary or permanent blindness in one or both eyes
  • Hearing impairment, e.g. tinnitus or industrial hearing loss in one or both ears
  • Head injuries, e.g. a fractured skull or brain damage
  • Foot injuries, e.g. fractures, sprains or strains
  • Hand injuries, e.g. chemical burns

If your employer fails to provide the necessary PPE and you sustain an injury as a result, they could be liable for the accident that caused your injuries. For more information, call our advisors on the number above.

Exposure to a dangerous substance

Dangerous substances can include a mix of solids, gases and liquids, such as:

  • Dust, fibres, smoke and fume, e.g. construction or silicone dust
  • Sprays, mists, aerosols, e.g. spray paint
  • Micro-organisms, e.g. legionella from water systems, hepatitis A from sewage systems, aspergillus which can be released during demolition or refurbishment

There are many risks associated with exposure to these substances. For instance, breathing in construction dust can lead to Chronic Obstructive Pulmonary Disease (COPD), lung cancer or asthma.

Additionally, asbestos can be found in different buildings. If it’s disturbed during building work, it can lead to asbestos-related illnesses such as mesothelioma.

For that reason, your employer could be liable if you suffered a work-related illness after exposure to a harmful substance because they failed to take preventative measures. For instance, they may have failed to carry out risk assessments of an area before starting work.

The lack of a risk assessment could have prevented important measures from being put in place. Additionally, it could put workers at a greater risk of being exposed to and developing work-related illnesses.

Types Of Construction Site Accident

Due to the many dangers involved in working on a construction site, there are many ways someone could sustain an injury. However, the following non-fatal accidents were the most commonly recorded by RIDDOR during 2019/2020 for the construction industry:

  • 848 workers suffered an injury while handling, lifting or carrying
  • 1,205 workers suffered an injury after a slip, trip or fall on the same level
  • 565 workers suffered an injury after being struck by moving, including flying or falling objects
  • 830 workers suffered an injury after falls from a height

It’s important to note that an employer’s negligence didn’t necessarily cause the accidents.

However, there are various ways in which an employer could have been liable for your construction site accident. For instance, they may have failed to:

  • Provide you with adequate training on lifting heavy objects safely
  • Ensure you had necessary Personal Protective Equipment such as high visibility vests
  • Carry out an assessment of the tools/machinery before starting work which led to them being unaware of faults
  • Ensure that equipment was stored safely and correctly to avoid slips, trips or falls in the work area

Can Self-Employed Construction Workers Claim Compensation?

Accident claims for self-employed workers can be a little more complex. However, the person who hired you for your services is still expected to provide you with a duty of care.

For instance, if a construction company hired you, they have a duty of care to do everything reasonably possible to keep you safe in that working environment. For instance, they could provide you with safe equipment.

Failing to do so could result in you suffering an injury. If your injury was caused by their negligence, you could seek compensation.

However, if you have any questions, please speak to our advisors by calling the number above. They can advise on your specific case and provide further information.

Construction Site Accident Compensation Calculator 

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 InjuryAdditional CommentsCompensation Award
Minor Brain or Head InjuryInjuries where there is minimal brain damage.£2,070 to £11,980
Injuries affecting sight(b) Complete blindnessIn the region of £252,180
Injuries affecting sight(c) (ii) Complete blindness in one eye with reduced vision in the other eye alongside double vision. £60,010 to £99,440
Deafness/Tinnitus (a) Complete loss of hearing in both ears£85,170 to £102,890
Deafness/Tinnitus (d) (iii) Tinnitus of a mild nature as well as noise-induced hearing loss.£11,820 to £13,970
ChestWhere the person has inhaled toxic fumes or smoke resulting in residual lung damage.£5,000 to £11,820
ChestLung cancer that causes severe pain and has an impact on the person's quality of life.£65,710 to £91,350
Asbestos-Related Disease(a) Mesothelioma which results in severe pain and has an impact on the person's quality of life. £65,710 to £118,150
Vibration White Finger(a) Most serious cases where the injury impacts daily life and the person is required to change jobs.£29,690 to £36,060

If you’d like to calculate your claim yourself, why not use our compensation calculator? Alternatively, give our advisors a call for a free estimate.

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 have any questions regarding compensation, please don’t hesitate to contact our advisors by calling the number above.

Will I need evidence to support my claim?

Evidence is important in supporting your claim in various ways. For instance, it can help to prove an accident happened that wasn’t your fault and that you sustained an injury in the accident. This might include:

  • CCTV footage
  • Logs of the accident in the accident workbook
  • Witness statements
  • Photographs of the accident scene and injury

Additionally, medical evidence in the form of doctor or hospital reports can provide details on the extent of your injury. For instance, the severity of your injury, as well as any treatment or diagnosis you received, can be recorded in medical notes. Furthermore, it can help when valuing your claim alongside the JCG.

As part of the claims process, you may need to attend an independent medical assessment. This could be helpful if you sustained your injury a while ago, as it can show the current state of your condition. In addition, it can provide an insight into the long term impact your injury may have.

The resulting report’s purpose is also to show that your injuries were caused or exacerbated by the accident. (If it shows that there’s no link, you could find it hard to claim.)

If you’re seeking special damages, receipts, payslips, and invoices can help to provide evidence of any financial losses you’ve incurred.

For more information on obtaining evidence to build a strong construction site accident case, call our advisors on the number above.

No Win No Fee Construction Site Accident Claims

We understand that putting forward a personal injury claim can seem complex. The process can be daunting, and so you may like to consider the option of legal representation. If you’re concerned about the upfront costs often associated with this option, we have a solution that could benefit you.

Here at Legal Expert, all of our solicitors operate on a No Win No Fee basis. This means that if they lose your claim, you won’t be asked to pay solicitor fees. Additionally, you can avoid upfront solicitor fees and solicitor fees that can sometimes incur while your claim is ongoing.

If they succeed in securing your compensation, you will be required to pay a legally capped success fee. However, your solicitor will make you aware of what this covers before starting your claim with them.

If you’d like to find out more, please contact our advisors for further information. Alternatively, you can take a look at our reviews page to find out more about our solicitors.

Start Your Claim

We hope you’ve found this guide helpful. However, if you have any further questions, our advisors are available 24/7 to help. They can provide clarification on anything you’re unsure of, such as:

  • Assessing your claim to see if it’s valid
  • Providing an estimate of how much your claim could be worth

Additionally, if they feel your claim has a good chance of succeeding, they can appoint a solicitor to your case. A solicitor can then take you through the next steps and work with you to help you get the compensation you deserve for your case.

However, if you just require some further assistance, our advisors will be happy to help in any way they can.

So, whether you’re looking to start your claim or you require further information, please get in touch using any of the following contact details:

  • 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

Learn More

For more information on your rights after an accident at work, see our guide.

Our case study guide looks at the steps you can take following an ankle fracture at work.

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.

FAQs On Construction Site Accident Claims

The following section will provide some further information on construction site personal injury claims.

How much money can you get from an injury claim?

It’s difficult to provide an average compensation figure as each injury is unique. However, our compensation table on this page provides examples of different injuries and the compensation you could receive for them.

What is RIDDOR in construction?

Employers are required to report certain workplace injuries or illnesses through the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 (RIDDOR). This includes certain injuries that have occurred in the construction industry.

What is the most common cause of injury on a construction site?

There are various causes of the injuries workers sustain on construction sites. For instance, slips, trips and falls or being struck by moving machinery can be hazards on site.

How long after an injury can I make a claim?

Generally, you will have three years from the date the accident happened or the date you gained knowledge that someone else’s failings contributed to your injuries. However, there are certain exceptions to this. For more information, call our advisors using the number above.

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.

Written by Mitchell

Edited by Victorine

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