Construction Accident Claims
We specialise in helping victims of construction site injuries claim the compensation they deserve.
Construction Site Accident Claims
Have you had an accident on a building site?
Construction sites can be dangerous places. When working or visiting a construction site, there’s plenty of risk – from heavy machinery to working at great heights, carrying heavy loads, or even working with dangerous chemicals or electricity. It’s not surprising that building site accidents are the highest across any industry. According to the Health and Safety Executive, there were 81,000 workers who were suffered work-related ill-health within the construction industry alone in 2019-20.
A construction accident compensation claim allows you to claim compensation for accidents that occur on a building site that weren’t your fault. Construction accidents can happen when employers are negligent in their duty of care.
There’s a lot that goes into making a construction site accident claim, but if you’re looking for something in particular, you can jump right to it with the links below:
- Can I make a construction accident compensation claim?
- Main causes of accidents in construction
- Who is responsible for construction site accidents?
- What do you have to prove in a construction accident claim?
- Claiming compensation for construction accident injuries
- How much could your construction accident claim be worth?
Have you had an accident on a building site that wasn’t your fault?
Here at The Compensation Experts, we help victims of construction site accidents to get the compensation they deserve.
We cover all kinds of construction site injuries. No matter where you work or what kind of work you do, accidents at workplaces happen, and construction site injuries can be extremely severe.
Because there are plenty of potential risks at a building site, employers have a duty of care to make sure construction sites are safe for both workers and visitors. If you have had a construction site accident, even if you are not sure if it was a genuine accident or one due to negligence or error, The Compensation Experts are happy to help.
The Compensation Experts work with solicitors that provide no win no fee agreements which saves the financial risk of paying legal fees up front. Typically, customers pay 25% including VAT of the compensation amount that is recovered by our third-party law firms, although this is subject to your individual circumstances and the actual fee may be more or less than this. For example, you may be required to pay an additional fee for other costs such as after-the-event (ATE) insurance. Termination fees may apply.
There are many different types of construction accidents that can cause injuries on a building site. At the Compensation Experts, we’ve seen lots of building site accident compensation claims from construction site workers, so we understand the main causes of accidents in construction. Some of the most common building site accidents include:
- Falls from height, for example, from ladders and scaffolding
- Objects that fall from height
- Manual handling accidents
- Defective machinery accidents
- Moving vehicle accidents, such as forklifts and dump trucks
- Welding and chemical burns
- Electric shock injuries
Lifting and handling accidents in construction are by far the most common cause of injury, but falls from height can be the most serious, often being fatal injuries, or causing serious medical issues such as internal injuries and paralysis. Falls from height are a very common type of construction accident claims.
Examples of construction accidents
Common types of construction work-related illness:
The Health and Safety Executive (HSE) reported that there were an estimated 81,000 work-related ill health cases in construction in 2019/20. Of which 46,000 – over 50% – were musculoskeletal disorders and 21,000, were work-related cases of stress, depression or anxiety.
An example of a successful claim for compensation for a construction accident was an electrician who slipped when walking on a wet gangplank. Although there was no blame for the wet weather, the walkway was too steep with foot plates too narrow to provide adequate grip. The victim injured his knee and because he was a self-employed contractor, he lost income due to being unable to work while it was healing.
Construction site accident claims tend to be complicated as there are usually many people with various jobs working on the site.
Because of this, it is not always easy to work out who is to blame for accidents. It is even possible that another company may be responsible, such as the site owner or a company that supplies materials.
Employers and site managers are responsible for making sure that construction sites are safe as specified by the Health and Safety Executive, including adhering to guidelines and regulations; this includes the Health and Safety at Work Act 1974 and the Construction (Design and Management) Regulations 2015
Because of the number of people who could be at fault, there must always be an investigation before you can make a construction accident claim. This includes investigating the construction site, interviewing witnesses, and reviewing the contractual relationships between everyone involved. In some cases, more than one person may be at fault for a construction site accident.
It is your solicitor’s job to figure who did what, and if anyone is responsible for your injuries. A construction accident lawyer may also ask you if your employer:
- Carries out risk assessments of access to the site, and the tools you use
- Educates you about the dangers of your job, and gives you training on how to use tools correctly
- Provides the correct protective equipment for your role, such as noise defenders and hard hats
- Has procedures in place for clearing away spillages
- Regularly schedules maintenance of equipment to ensure it is safe to use
If the answer to any of these statements is “no”, the personal injury solicitors and construction accident lawyers we work with at The Compensation Experts may be able to help you with your construction accident claim.
What if you are partly responsible for the construction site accident?
Employees and the self-employed, as well as employers, have certain duties under the Health and Safety at Work Act 1974. Specifically, you must comply with workplace safety practices and follow the safety training that you have had. There is an expectation that you will take reasonable care for your own safety, and the safety of others.
If you don’t behave responsibly, and have an accident, then the Court may decide that you are partly responsible for your injuries. This is known as “contributory negligence.”
A common example would be if a worker chooses not to wear a hard hat, and then has an accident where masonry falls on his head. By not wearing a hat, the worker did not cause the accident, but his injuries might be worse than they would have been if he had worn his hard hat.
In cases with contributory negligence, it is still possible to make a claim. The Courts will divide blame between everyone who played a part in the accident. For example, the Court may decide that the Defendant was 75% responsible for your injuries, and you were 25% responsible.
Once blame is divided, the compensation is reduced by the percentage of your portion of the blame. In this example, you would receive 75% of your compensation. The construction accident lawyers we work with can examine your case and let you know what proportion of the compensation you would be likely to receive.
Who is responsible if you are self-employed?
If you are self-employed and have an accident, you should not assume that you cannot make a claim. If you are self-employed, an employer is still responsible for your safety and the safety of the construction site.
In most cases, it is impossible to distinguish between employed and self-employed workers on a construction site. Legally they should treat you the same. Any company that has control over your workplace owes you the same duty of care that they owe to their employees. If you can prove that they did not follow health and safety rules, then you may be able to make a construction accident claim.
To make a construction accident claim, you must show that someone had a duty of care to you which was not followed. You must also show that this was the cause of your injuries.
It is up to you to prove your claim. It will help your construction accident lawyer to build a case if you keep a record of the following:
- The date and time of the accident
- The address of the site
- The contact details of any witnesses
- Who you reported the accident to
- Details of any medical treatment you had
- Photographs of the scene of the accident
- A copy of the accident report, or details of who filled it in
The more detail you can provide, the more likely it is that you will be able to convince the other side and the Court of your claim.
The law relating to construction accident claims
Employers must follow the Health and Safety at Work Act 1974 to keep their employees safe. Employers must provide their workers with a safe working environment, training, adequate supervision, and safe, risk-assessed work processes.
Other legislation includes:
- The Construction (Design and Management) Regulations (CDM)
- Control of Substances Hazardous to Health Regulations (COSHH)
- Manual Handling and Operations Regulations
- Work at Height Regulations
- Electricity at Work Regulations
- Personal Protective Equipment at Work Regulations
- Lifting Operations and Lifting Equipment Regulations
- Provision and Use of Work Equipment Regulations (PUWER)
- Supply of Machinery (Safety) Regulations.
They are important as they set out the standard expected of an employer in charge of a construction site. You still have to prove negligence to bring a construction accident claim, however, it is much easier to prove if it is clear that someone breached a health and safety rule.
Health and safety training
Employers have a responsibility to make sure that their workers are appropriately qualified and trained.
The Construction Industry Training Board (CITB) is the UK’s industry training board and a key part of their role is to work with industry to make sure training standards and qualifications are fit for purpose. The CITB Health, safety and environment (HS&E) test is one way to enable employers to make sure their workers follow best practice.
The HS&E test covers five core knowledge areas:
- legal and management
- health and welfare
- general safety
- high risk activities
Why are these types of construction accidents so common?
Lifting and handling accidents in construction are by far the most common cause of accidents on construction sites. In fact, manual handling accidents made up to many of all our self-reported accidents at work in 2019-20. Figures based on HSE Report: Construction statistics in Great Britain, 2020.
They often happen due to inadequate or incorrect training which can lead to poor object handling; something that can be dangerous in construction. It’s your employer’s responsibility to keep you safe at work to avoid construction accidents by following the UK Manual Handling Regulations. They must also ensure that everyone has the proper training required to avoid construction site accidents.
After manual handling accidents, the next most common form of building site accidents are falls from heights. Not only are falls from heights responsible for serious injuries, but they’re also the leading cause of fatalities in the construction industry. Falls from height account for approximately 47% of all construction accident claims. Figures based on HSE Report: Construction statistics in Great Britain, 2020.
The necessity of working at heights for building construction means that the risk of falling accidents is increased. Even with scaffolding, both employers and workers need to be fully aware of even a single hazard on a building site that could cause a fall.
While not as serious, slips, trips, and falls are also common on construction sites. As construction sites tend to be busy workplaces, employers and employees must take extra care to avoid falling due to difficult surfaces.
This includes keeping communal areas clear, making sure workspaces are kept tidy, and keeping walkways clear. Your employer must make sure that these rules are enforced to keep everyone safe at work.
As for accidents on construction sites that involve being hit by moving vehicles and objects, these accidents accounted for around 22% of all self-reported accidents in 2019-20. Commonly, this is due to inadequate risk assessment on your employer’s side, or a lack of training for the vehicle drive.
In all cases, your employer must make sure that everything on a construction site is safe by carrying out risk assessments. They must also ensure people who are operating vehicles are properly trained and that all objects are stored safely to ensure they do not fall. Finally, they must also make sure all employees are wearing the correct safety equipment lest an accident on a building site occur.
What is the role of the Health and Safety Executive in construction accident claims?
The Health and Safety Executive (HSE) is an independent watchdog that oversees work-related health and safety. Their aim is to protect the health, safety and welfare of people at work.
The HSE has powers to enforce the law when there are health and safety breaches or issues of risk. If you suffer a construction site accident and your injuries are serious, or the incident was serious, then the HSE may investigate. They may act against the employer if they detect breaches.
The type of enforcement action differs depending on the seriousness of the incident. Typically, the HSE will issue a notice of improvement. They will then stop certain activities that create serious risks. Finally, they will prosecute those responsible for serious transgressions. Anyone found guilty of serious health and safety breaches faces an unlimited fine. They may also face prison.
The HSE does not award compensation. They will not be involved in your construction accident claim. However, it is beneficial to await the outcome of the HSE investigation. This is because it will decide whether the employer was acting outside health and safety laws. It would be difficult for an employer to deny your claim in these circumstances.
What if I was injured while visiting a construction site?
Visitors to construction sites are not covered by the same rules that protect workers. However, if a construction site accident occurs, in most cases, a claim for compensation may still be made.
Property owners must follow The Occupiers Liability Act of 1957 to keep their property free from hazards that might injure visitors. This includes construction site owners. Owners must ensure visitors wear helmets and the visit should stay within safe, open areas. Site managers are also responsible for carrying out good housekeeping to prevent slips, trips and falls.
If the construction site owner did not follow good health and safety practices then they may be to blame if a visitor has an accident.
If you’ve been injured in an accident on a building site, contact The Compensation Experts to find out more about our solicitors’ no win no fee service.
Typically, customers pay 25% including VAT of the compensation amount that is recovered by our third-party law firms, although this is subject to your individual circumstances and the actual fee may be more or less than this. For example, you may be required to pay an additional fee for other costs such as after-the-event (ATE) insurance. Termination fees may apply.
We work with an experienced panel of personal injury law firms and construction accident lawyers who will help build a construction accident claim. There is no need to worry if you’re unsure whether you have grounds for a claim, as we will help to work that out before you commit to anything. This is in a free, no-obligation conversation with one of our helpful agents.
There is a three-year time limit for starting construction accident claims. If you do not apply to the Court before then, it is unlikely that you will be able to make a claim.
Call The Compensation Experts today or fill in our online form and let us know when you would like us to call you back.
The level of your construction accident claim compensation will depend on your injuries and the severity of the incident. Serious and longer-lasting injuries typically receive more compensation. This is because they usually have more of an impact on your life.
Figures for each type of injury are recommended in the Judicial College Guidelines. Solicitors, insurance companies and Courts use these when valuing your claim.
You can also claim compensation for out-of-pocket expenses. It is known as special damages, and includes travel expenses, medical bills, lost earnings, and personal care. If your injuries mean you have to stop work, then you can also claim for future loss of wages.
Get in touch and talk to us about construction accidents and injuries
At the Compensation Experts, we work with construction accident lawyers and specialist personal injury law firms, with years of experience in handling cases and getting compensation for victims. If you have a specific claim relating to construction site accidents, contact us today and start the process of getting fair compensation for an injury after a building site accident.
Am I eligible?
If you’ve been a victim of a construction accident in the last 3 years due to someone else’s negligence, then yes, your case is eligible for compensation.
Even if you’re not completely sure if your injury was due to negligence on a building site, speak to the Compensation Experts and you could have top construction accident lawyers reviewing your case.Find out more
How much could I claim?
Construction accident compensation can be different from case to case, with lots of factors contributing to the final settlement figure. The type of injury, the circumstances of the building site accident, the impact on your life, loss of past and future earnings will all be taken into consideration.
Our dedicated team of construction accident lawyers and experts will give you an indication of how much you could potentially claim for.Find out more
How does the process work?
When you’re making a claim, we understand that it’s because you’ve suffered a serious accident that has had a significant impact on your life. That’s why we want to make the process of claiming compensation for you clear and easy to understand.
Your solicitor will gather all the evidence about your building site accident, and will notify your employer or the negligent party that claim proceedings will be starting. You’ll have an expert solicitor working and negotiating on your behalf, and making sure you’re always up to date on proceedings.Find out more