In this article, we explain when you could make an accident at work claim if you’ve been injured on a construction site. As well as setting out the eligibility criteria for such claims, we’ve produced an example construction accident case study to demonstrate how the claims process works.
You’ll also read about how construction accident compensation is calculated if you make a successful claim and the types of evidence that you could supply to put forward a stronger case.
If you’d like us to assess your claim for free, you can:
- Phone 0800 408 7825 to speak to an advisor.
- Use our live chat service 24 hours a day.
- Contact us online to arrange a callback.
Jump To A Section
- Construction Accident Case Study: £2 Million Compensation Payout
- What Is The Eligibility Criteria When Claiming For An Accident In Construction?
- How Much Compensation Could You Receive From Construction Site Accident Claims?
- Potential Evidence For An Accident On A Construction Site Claim
- What Are The Benefits Of Using A No Win No Fee Solicitor?
- Learn More About Claiming For Negligence In Construction
We’ve produced this example construction accident case study to demonstrate how and why an accident on a construction site could result in a personal injury claim.
The injured party, Mr Wilson, was a roofer and had worked for this construction company for quite a few years now. Very recently the company had been sold and Mr Wilson now had a new boss. It was apparent from the off that this new company did not always follow health and safety regulations.
Mr Wilson was tasked with replacing a roof, however unbeknown to Mr Wilson, the roof had not been risk assessed, although he was given the all-clear to work on the roof the next day. As Mr Wilson got several feet onto the roof, he realised straight away that it was completely unstable. The roof collapsed and he fell right through.
This resulted in life-changing injuries caused by fractures to his vertebrae and brain damage.
Mr Wilson’s family was left devastated and decided to make a personal injury claim on his behalf against his employer. His solicitor provided evidence, including witness statements.
After Mr Wilson’s employer admitted liability, a settlement of just over £2 million was agreed upon. The figure included loss of earnings as Mr Wilson won’t ever work again, care costs and home adaptations.
If you would like to find out if you could claim for an accident in construction, please speak to us today.
On a busy construction site, you may have many different companies all working at one time. Apart from your employer owing you a duty of care to keep you safe, there may be other parties such as the contractor if different to your employer or other subcontractors, all of which will owe a duty of care in some way.
For this guide, we are looking at the duty of care you would be owed by your employer. This duty is established by the Health and Safety at Work etc. Act 1974 and for employers in construction, other safety laws such as the Construction (Design and Management) Regulations 2015 must also be adhered to.
As a result, personal injury claims against an employer for an accident at work must meet the following criteria:
- At the time the accident happened, your employer owed you a duty of care.
- The accident happened because your employer breached that duty; and
- You sustained injuries as a direct result of the breach of duty.
If you are self-employed or it was another company’s fault that you were injured, then the criteria are very similar. You would need to show that a party owing you a duty of care, breached it causing you to be injured. These criteria are known as negligence in tort law and if you can satisfy it, you could be eligible to make a personal injury claim.
Is There A Construction Accident Claim Time Limit?
The Limitation Act 1980 sets a 3-year time limit for personal injury claims. For most construction site accident claims, the time limit begins on the day of your accident.
However, there are exceptions to this rule:
- If the claimant doesn’t have the mental capacity to begin a claim themselves, the time limit is indefinitely suspended. During this suspension, a court-appointed litigation friend could make a claim on their behalf. If they regain mental capacity and no claim has been made by a litigation friend, then the three-year time limit begins.
- For claimants injured when they are a minor, they cannot begin their own claim until they turn 18, in which the time limit will begin. While they are a minor, again, a litigation friend could be appointed.
For free advice on construction injury claims or to ask any questions about the process, please call us on the number above today.
As shown in our construction accident case study, workplace accident compensation is unique to the claimant as every claimant’s circumstances are different. No two claims are ever identical.
Compensation payouts are based on two heads of loss. The first aims to compensate for your pain and suffering. It’s called general damages.
To value your claim, you will be invited to an independent medical assessment. The report that follows and resources such as the the Judicial College Guidelines (JCG) will help to determine what level of compensation may be due.
The JCG is often used by legal professionals when valuing claims, as it lists guideline compensation brackets for a range of injuries. The compensation table below is based on data from the JCG. Please bear in mind, though, that settlements can vary widely, so the amounts listed are for guidance only.
The top entry is not part of the JCG.
|General Damages Guidelines
|Multiple very serious injuries plus the financial impact.
|Up to £1,000,000+
|Life changing injuries plus the financial impact that results for examples no prospect of employment, need for a carer or nurse, home adaptations and rehabilitations.
|Injury Resulting from Brain Damage
|£282,010 to £403,990
|Small if any response to environment, little or no language function, double incontinence, and the need for full-time nursing care.
|£43,060 to £90,720
|The ability to work is reduced, where there is a small risk of epilepsy.
|Amputation of Arms
|Loss of One Arm (b)(ii)
|£109,650 to £130,930
|Where the a single arm is amputated above the elbow.
|£96,160 to £130,930
|As the result of these extremely serious injuries, the claimant is little better off than had the arm been amputated.
|£91,090 to £160,980
|Where severe back injuries affecting the spinal cord and nerve roots result in very serious consequences not normally found in back injuries.
|£38,780 to £69,730
|Back injuries causing chronic suffering with disabilities remaining even after surgery.
|Serious Damage To Both Hands
|£55,820 to £84,570
|As a result, the claimant will have significant function loss and cosmetic disability.
|£61,910 to £78,400
|For example, traumatic myositis ossifications leading to ectopic bone formation around the hip.
|Up to £13,740
|Includes twisting, bruise and laceration injuries.
Construction Claims – Examples Of Financial Losses
A second head of loss might also contribute to any compensation awarded. It’s called special damages and covers any financial losses linked to your injuries.
They could include:
- Loss of earnings.
- Rehabilitation and medical expenses if, for example, you suffered a serious head injury.
- Home modifications to improve your quality of life if you’ve been left disabled.
- Care and support costs.
Some of these losses are included in our construction accident case study. In all cases, evidence will need to be provided to prove any costs you claim back.
If you’d like us to check how much compensation you might be entitled to following a construction site accident, please call our advice line today.
When making a workplace accident compensation claim, you will need to show why you think your employer or another third party is responsible for your accident and how this accident caused your injury.
For construction site accident claims, the types of evidence that might help include:
- Photographs taken at the scene of the accident.
- Medical reports and details of any treatment you require.
- Contact details for potential witnesses.
- CCTV footage if the accident occurred in view of a security camera.
- A copy of an accident report form.
If your claim is taken on, your solicitor might offer to collect further evidence to prove your case. This could include, for example, a copy of a Health and Safety Executive (HSE) investigation.
For a free review of any evidence relating to your accident in construction, why not speak with one of our team today?
When working with one of the serious injury solicitors on our panel, they would represent you under a Conditional Fee Agreement (CFA) to provide a No Win No Fee service.
The CFA means that you:
- Won’t be asked to pay your solicitor for their services upfront or while the claim is being processed.
- You don’t pay for your solicitor’s services if your claim is lost.
- A success fee will be deducted from your compensation if your claim is won. The percentage that can be taken as a success fee is capped by law.
To check if you could make a construction site accident claim on a No Win No Fee basis, you can:
- Call our team on 0800 408 7825 for free advice.
- Use our 24/7 live chat option.
- Contact us online to start your claim.
Here are some more of our guides that you might also find helpful:
- A guide on your rights after an accident at work.
- Advice on how to make a serious back injury claim
- How to claim for a slip and fall injury at work.
Finally, we’ve linked to some external guides as well:
- NHS a guide about paralysis.
- HSE – work-related health and safety statistics for 2021/22.
- NHS information on getting copies of medical records when needed.
Hopefully, our construction accident case study guide has been helpful. Please get in touch with any questions.