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Construction Site Accident Claims Guide

Last Updated 12th December 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 your premises or even while attending another company’s.

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 more information. If you have any questions, you can contact our advisors using the details below.

A construction worker checking on their colleague following an accident.

Select A Section

  1. What Is A Construction Site Accident?
  2. Who Is Liable For Health And Safety On A Building Site?
  3. Causes Of Construction Site Accidents
  4. What To Do After An Accident On A Building Site
  5. How Long Do I Have To Make A Construction Site Injury Claim?
  6. What Evidence Do I Need To Support My Construction Accident Claim?
  7. Construction Site Accident Compensation Payouts
  8. Construction Site Accident Claims With A No Win No Fee Solicitor

What Is A Construction Site Accident?

A construction site accident can involve construction workers suffering harm due to poor health and safety. However, it’s important to note that not every accident is 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 breached a duty of care. Continue reading for more details 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 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.

As per 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 relevant safety equipment, such as ear and eye protection, a hard hat to prevent 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 they had provided a duty of care, the accident could have been avoided, and they may be liable for your construction site accident.

Different parties often manage construction site jobs, so your employer does not always assume 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.
  • 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 occur in various ways. However, not all of them are negligent. 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 a construction site accident, you might be unsure of what to do or what steps to take.

Seeking medical attention will help you get the treatment and care that you need. It also creates a permanent record of your injuries and how severe they are, which can later be used as evidence if you choose to make a construction site accident claim.

After this, you can fill in the accident book. Any workplace or job site with ten or more employees is legally required to have an accident book, and you can fill this in yourself or ask a trusted colleague to do it for you. Filling in the accident book can help prevent a building site accident from occurring in the future, but entries can also be used as evidence in construction accident claims.

Finally, we recommend that you seek legal advice. Talking to a solicitor after a building site accident can help you determine whether you can claim and calm your fears about your next steps. Contact our team today to find out if you could make a building site accident claim.

How Long Do I Have To Make A Construction Site Injury Claim?

Under the Limitation Act 1980, you typically have three years after a construction site accident to bring forward a claim. There are circumstances where this limitation period can be suspended:

  • The time limit for minors is paused until their 18th birthday. They would have until their 21st birthday to take action unless a litigation friend starts a claim on their behalf.
  • The time limit is indefinitely held if the claimant lacks the mental capacity to bring a claim. Suppose they ever regain the mental capacity required to start a claim. In that case, the three-year limitation period begins from the date of recovery, unless a litigation friend has made a claim on their behalf.

If you are unsure what time limit applies to your case, contact us at any time. Our advisors can clarify the limitation on any construction accident claims free of charge and discuss how to become a litigation friend for someone else.

What Evidence Do I Need To Support My Construction Accident Claim?

Evidence is important not only in proving that an accident happened but also in establishing liability and laying bare the extent of your injuries. Some proof you could collect includes:

  • CCTV footage.
  • Photographs of the accident scene.
  • 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 in the table come from the Judicial College Guidelines (JCG), a document often used to help value claims. However, other evidence is often used alongside the JCG, so it’s advisable to use the figures only as a guide.

Type of InjurySeverityCompensation Award
Multiple Severe Injuries Plus Special DamagesSeriousUp to £1.000,000
Brain DamageVery Severe£344,150 to £493,000
Moderately Severe£267,340 to £344,150
Injuries Affecting SightTotal BlindnessIn the region of £327,940
ChestTraumatic Injury Causing Permanent Damage£80,240 to £122,850
Single Penetrating Wound£15,370 to £21,920
LegVery Serious£66,920 to £109,290
Facial DisfigurementLess Severe£21,920 to £59,090
BackModerate (i)£33,880 to £47,320
HandSevere Fractures to FingersUp 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, our compensation calculator can be a handy guide. Alternatively, you can call our advisors 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.

Our 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, your personal injury solicitor will take a success fee. This is a capped percentage taken from any compensation.

To learn more about construction accident claims, contact our advisors for free today. Please get in touch using any of the following contact details:

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Thank you for reading our guide on how to seek compensation after a construction site accident. We hope you found it informative.