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How to claim compensation for construction site accidents

If you’ve been injured while working on a construction site, you could qualify for a personal injury claim. Our lawyers are here to help if you’ve suffered workplace negligence.

Last updated on February 1st, 2021

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The most important things to remember when making building site injury claims:

  • Construction sites are hazardous environments with extra Health and Safety laws
  • You can claim for an accident if your employer was at fault
  • You can claim on a no win, no fee basis
  • You have three years from the date of the accident/diagnosis to make a claim
  • Your compensation will depend on the seriousness of the injury, loss of earnings and changes to your lifestyle.

Construction site accident claims

If you’ve been injured while working on a building site, you may be able to claim compensation. As hazardous workplaces, construction sites are subject to their own regulations including The Construction (Design and Management) regulations, as well as standard workplace practices. It is your employer’s responsibility to follow these regulations. If they have not and you’ve had an injury on-site, we can help you claim.

Express Solicitors offers more than 20 years’ experience handling workplace injury claims. Give us a call to see how we can help you.

Can I claim for an accident on a construction site?

If you’ve had an accident while working on a construction site, you may be able to claim. Under the Health and Safety at Work Act 1974, it is your employer’s duty of care to maintain a safe environment – whether you’re full-time or a contractor.

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Who is responsible for keeping the building site safe?

As there are so many people working on a building site, for example the construction company, architects and site managers, it can be hard to find who is at fault for construction site accident claims. Here are some examples of those who may be liable to pay for building site accident claims:

Site managers

If the site manager did not follow instructions given by a client, they could be deemed responsible.

Construction regulations coordinator

If the construction regulations coordinator did not warn the client (the construction manager) about risks, they could be to blame.

Designers

If the designer ignored the client’s health and safety advice, her or she could be responsible.

Clients

If the client ignored advice from Health and Safety teams such as the construction regulations coordinator, they could be to blame.

The Health and Safety Executive is responsible for conducting site inspections, issuing guidance and prosecuting those who break the rules – but it is not responsible for paying building site injury claims.

On top of the Health and Safety at Work Act, those running a construction site also need to be mindful of the following laws:

Under the 1996 act, your employer must take all necessary precautions to prevent injury e.g. making sure scaffolding is safe and preventing falls from great heights, or storing equipment safely. They must also prevent falls of more than 2m, and make sure employees have safe access to and from work.

Under the 2015 act, the site Health and Safety Executive must conduct site inspections, give guidance to operators and prosecute those who do not follow the rules.

If you’ve had an accident, we can help you to determine who is at fault. We’ll guide you on how to gather evidence to settle your construction site accident claims.

What type of construction site injuries can i claim for?

As construction sites are hazardous environments, poor Health and Safety could lead to serious injuries including:

Neck or head injuries

Falling objects, crush injuries, falls from harnesses and even poor manual handling can all lead to neck or head injuries on a building site, with some resulting in life-changing circumstances.

Slips, trips and falls

If the construction site is not kept tidy, workers may trip over hazards. Similarly, there are many opportunities for workers to fall from a height, particularly if they have not been adequately trained to work from a height, or if their equipment, such as scaffolding or ladders, is faulty.

Crush injuries

Crush injuries may happen on building sites due to falling objects, or through the mishandling of machinery. Staff may not be adequately trained to use certain machinery, or it may not have been inspected, resulting in a malfunction and potential injury.

Chemical burns

Under COSHH regulations, employers have a responsibility to train construction site workers in how to use chemicals appropriately. Builders may be exposed to vapours, aerosols, dust particles and gases, all of which may harm their skin or lungs.

Electric shocks

If a worker is not correctly trained in using a specific piece of equipment, he or she may suffer an electric shock. Similarly, if the product is faulty, the hire company may be at fault, or the site manager could take responsibility for failing to carry out inspections. Electric shocks can be life-threatening.

How can accidents happen on a construction site?

Building site injury claims are often caused by accidents to do with working in harsh weather conditions, poor equipment, or falling materials. Some of the commonest hazards include:

  • Objects falling from a height
  • Slips, trips or falls due to unstable ground/wet surfaces
  • Vehicle collisions such as with forklifts
  • Equipment malfunctions – badly maintained equipment or inadequate training
  • Injury from repetitive strain – no or little manual handling training
  • Falling into unguarded holes or trenches
  • Falls from a height e.g. with unsafe scaffolding
  • Safety harness failure
  • Electric shocks
  • Chemical spills.

Many of these may be caused by poor workplace practices, such as not inspecting equipment. At Express Solicitors, we can help you settle the biggest construction site accident claims by identifying who was at fault.

We understand the financial impact of an accident.

In 99% of cases, we recovered more compensation than the insurer’s first offer. We’ll provide financial security with our interim payments wherever possible, meaning you don’t need to rush into an offer that is lower than you’re legally entitled to.

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When can I make a construction site injury claim?

If you’ve suffered an injury on a construction site that wasn’t your fault, call us today. Generally, you have three years from the date of the accident to make building site injury claims, though there are some exceptions to this.

We ask you to make a claim as soon as you feel fit enough to do so. This will help us collect the most accurate evidence. You should also be ready to offer your own evidence for example training records, photographs/CCTV footage, medical notes and witness statements where appropriate.

Get in touch with us today for a no win, no fee consultation – we’ll let you know if we think you’re able to claim.

What are my legal rights if I’ve been injured at work?

Your employer must, by law, keep your workplace safe and do everything possible to prevent injuries. If for any reason you feel that your employer has not met these hazardous workplace regulations, you could make construction site injury claims. Your employer will be insured with Employer’s Liability Insurance. If you’ve got a case to claim, then any compensation you receive will come out of this insurance. For example, you could make construction site injury claims if:

  • You haven’t received adequate training e.g. with equipment or manual handling
  • You’re not given enough break times
  • You’re made to use faulty equipment
  • Your employer has not carried out a risk assessment/has not acted on findings.

It is the employer’s responsibility to make sure everybody on-site sticks to these regulations. They also need to make sure that visitors are safe. If they fail to provide a safe workplace, they could be responsible and you may be able to claim for compensation.

How long after my accident can I claim for an injury?

It’s best to get in touch with us as soon as possible so that we can present your building site accident claims accurately. However, you have up to three years from the date of the accident to make construction site injury claims. If your claim relates to an injury that wasn’t directly caused by an accident, for example repetitive strain, then you will have three years from the date of diagnosis. You should keep all your medical records.

The following exceptions to the three-year limit apply if:

  • You were not physically able to claim within three years e.g. if you suffered a brain injury
  • You were under 18 at the time – in which case, you can claim up to the date of your 21st birthday
  • The construction site was overseas
  • The equipment you were using was faulty. You can claim for up to three years after the equipment was discovered to be at fault e.g. if manufacturers recalled it.

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How much can I claim for an injury on a construction site?

Every claim is different, so there’s no specific amount you can claim. Our trained solicitors will look at various factors to determine the settlement for your construction site injury claims, for example how serious your injury was, loss of earnings, and how it made an impact on your life.

As a guideline, the Judicial Board provides estimates based on whereabouts on your body you were injured, and how serious this was. We will always go the extra mile to make sure you get as much compensation as possible. The following guideline figures may be able to help:

  • Scarring (for example through chemical burns) can be as much as £18,000
  • Injuries affecting the head, vision or hearing can be as much as £300,000
  • Severe back injuries can be as much as £128,000
  • Injuries to the hands, arms or legs can be as much as £200,000.

The more serious your injury, the higher the compensation will be. We’ll listen to your building site accident claims and try to settle as large a compensation amount as possible – including interim payments while you’re waiting. These may help for treatment costs if you’re unable to work.

How is compensation calculated?

As every case is different, our expert lawyers use a number of factors to calculate the final total of your construction site injury claims. That’s why you should give us as much evidence as possible regarding your injury and the impact it’s had on your life. We’ll consider factors like:

  • The extent of the damage, both physical and psychological
  • Money lost from time off work/paying for treatments/travel
  • Any adjustments to your home
  • Changes to your lifestyle e.g. inability to go about your hobbies
  • Having to change jobs.

When we present your case, you’ll hear your physical injuries classed as ‘general damages’, whereas ‘special damages’ refer to money you’ve lost. In some cases, we can also help with interim payments – a small sum of your total compensation to tide you over while you’re waiting for your case to be settled.

Why should you choose us?

100% No-Win-No-Fee

Contact us with the comfort of knowing you’ll never be at financial risk when you claim with us. We cover all legal costs, never charge upfront fees, and we only get paid if you do.

Advanced payments available

We understand how an accident can affect your financial position. We always look to collect an early compensation (interim) payment where possible.

We can take over your case

With legal specialists for every type of accident claim, we can take over your claim at any stage from another solicitors. We take pride in winning cases other firms turn down.

Choosing the right No win, No fee solicitor

When you contact Express Solicitors, you’ll have access to a friendly expert team with more than 20 years’ experience handling building site accident claims. We may be able to handle your claim on a no win, no fee basis – which means you don’t pay if we’re not successful.

We specialise in going above and beyond to get our clients the compensation they deserve. We’ve won more tens of millions in personal injury claims, taking on some of Britain’s largest employers for a fair settlement. Where other lawyers might do the bare minimum, we’ll always take on your case and make sure your claim reflects what you’ve been through.

For a free consultation and a sensitive, expert team, contact Express Solicitors today.

How to make a construction site injury claim

Whatever your personal circumstances, it’s helpful to get in touch with us as soon as you can. This helps us to gather the most accurate evidence to support your claim. The process comes in three simple steps:

1. Call us or fill out a contact form to request a call back. We’ll have a friendly chat with you to discuss the nature of the incident, how you were injured, and the effects the injury had on your life. We’ll also ask for evidence like medical records, photos or witness statements.

2. Once you’ve given us your evidence, our expert solicitors will start the claims process. This will involve claiming against whomever was responsible for the injury – for example, your employer. Payments usually come from Employer’s Liability Insurance, though there may be other sources, for example if a faulty piece of equipment was to blame.

3. If we’re successful, you’ll receive compensation minus any legal fees. In some cases, these fees are paid by the person or organisation you’re claiming against. The majority of our claims are no win, no fee, so you’ll only pay if we win. We may also be able to offer ‘early compensation (interim) payments’ while you’re waiting for your claim to be settled.

What information do I need to make a claim?

We’ll ask you to provide as much evidence as possible when making your claim. This will help us to prove that you were not at fault, and to maximise your final compensation amounts. Get in touch with us as soon as you feel physically fit enough to do so.

What should I do after a construction site accident?

At the time of your accident, you should report it to your manager and make sure it is recorded, for example in the company accident book. Even if your injuries seem minor, you should seek medical treatment – you’ll need this not only to get better, but as evidence to support your claim.

Evidence of injury – general damages

Once you feel well enough to claim, you should have as much evidence as possible. Ask for printed copies of your medical records, and make a copy of the accident book at work. If you have any training records, you should make copies of these too. Your employer may ask you to go for a separate medical assessment as part of Occupational Health duties.

In some cases, photographs will help – for example, photographs of your injuries or of visible dangers on the site. You may also be able to ask colleagues for witness statements, which they can email to us.

Evidence of injury – special damages

You should also hold on to any receipts which prove you have lost money as a result of your injury. These could be travel receipts to your doctor, or receipts for physical treatment. In some cases, you may even need to make adjustments to your home.

You should also keep a log of any time off work you’ve had, or any potentially missed appointments at the job centre. Anything you have that can demonstrate how the injury has affected your life will support your case.

Start your claim with express solicitors

You deserve to feel safe while working on a building site. If you’ve been let down by your employer, our expert solicitors will listen to your case and fight your corner. Get in touch to start your no win, no fee claim today.

Frequently asked questions

Can I claim for a construction site accident if working on a zero-hour contract?

Whatever your working hours, you can make a claim. It is your employer’s responsibility to keep you and visitors safe on the construction site.

Can I claim for a building site accident if I’m a self-employed contractor?

You can still claim. While you are working on the building site, your employee rights are covered by the Health and Safety Act 1974. It is your employer’s responsibility to keep you safe.

Do I need to attend a medical?

You may be asked to attend a medical after you’ve seen your doctor. We may offer you one of our trusted specialists, or your employer may ask for a second examination as part of their duty of care.

What evidence should I collect after an accident?

You should make copies of any workplace documentation such as the accident book, or records of your training. You should also produce medical records, police records (if appropriate), receipts for anything to do with your treatment, and photographs where possible. Any witnesses may be asked to email us with a statement.

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