How Do Construction Site Accident Claims Work?

By Danielle Newton. Last Updated 7th July 2023. Are you interested in knowing how a personal injury solicitor would value your construction site accident claim? Were you injured on site because of deficient or missing health and safety provisions? Did it leave you with an injury? This guide will explain what evidence can support your claim for damages after an accident on a construction site.

At Public Interest Lawyers we could connect you with experts in calculating personal injury compensation after construction site accidents. Working with them under a No Win No Fee agreement could enable you to start a claim in minutes.

So whether you are an employee, a contractor, or any other person injured on a construction site, find out more by reading on or:

  • Contact our team for a free initial consultation on 0800 408 7825
  • Request a ‘call back’ when you contact us
  • Use the ‘live support’ option below

Construction site accident

Construction site accident

Select A Section

  1. What Happens If There Is An Accident On A Construction Site?
  2. Health And Safety In Construction
  3. What Injuries Could A Building Site Accident Cause?
  4. Who Is Liable For Construction Site Accidents?
  5. How Is Compensation Calculated Following A Construction Site Accident?
  6. Get Advice On Construction Site Accident Claims

What Happens If There Is An Accident On A Construction Site?

Construction sites are places of work like anywhere else but because of the obvious risks, they are subject to even more rigorous health and safety regulations for employers to follow. In addition to Section 2 of the Health and Safety At Work etc Act 1974, there are many others types of legislation that construction site owners must apply to their working environment every day.

The Health and Safety At Work etc Act 1974 places a duty of care on all employers to provide as far as can be reasonably expected a safe place to work.

In the seemingly chaotic environment of a construction site, there are many potential hazards. Obviously, no place of work is 100% safe, buildings sites have their fair share of hazards. To identify and reduce these hazards a key part of an employer’s duty of care is to risk assess, train appropriately, provide where needed personal protective equipment and supervise dangerous tasks.

Any accident on a construction site that leads to injury and can be proven to be the fault of those in charge could make them liable for associated damages to that employee. If this happened to you, we can advise what evidence to put together to ensure you have the best chance of being compensated in your construction site accident claim.

Can I Claim Compensation After A Construction Site Accident?

Due to the heavy equipment and the type of work that typically takes place on a building site, accidents are likely to occur if employees or their employer behave in a way that is negligent and unsafe. If you were hurt in a construction site accident that was the fault of your employer, you could potentially claim.

You could possibly make a construction site accident claim if you can establish with evidence that your employer acted negligently and breached the duty of care that was owed to you.

If you do have grounds to make a claim for your injuries, then you can consider hiring legal support, including a construction site accident lawyer. Our team can advise on hiring such support to those who contact us about accident at work claims if you get in touch.

Health And Safety In Construction

The Construction (Design and Management) Regulations 2015 requires enhancements to basic health and safety law in recognition of how high risk a construction site can be. Construction site owners and managers could do the following to create a safer workspace;

  • Plan construction site work sensibly
  • Ensure the correct people for the right job are used
  • Co-operate and coordinate with others
  • Understand the exact nature of construction site risks and how to manage them
  • Communicate information effectively
  • Consult and engage with workers about the risks

In addition to this, detailed HSE guidance is available about how to run a construction site at every stage of its development. It concentrates on safety topics, in particular construction sites and ways to assess and eliminate areas of potential risk.

Health and Safety Statistics

According to HSE statistics, during the period 2018/19-2020/21 there were an estimated 74,000 work-related ill health cases in the construction industry (new or long-standing). Over half (54%) of which were musculoskeletal disorders. There were 39 fatal injuries to construction site workers and 4 to members of the public in 2020/21.

What Injuries Could A Building Site Accident Cause?

If your employer fails to adhere to their duty of care, you could be injured in an accident at a construction site. In this instance, you may be eligible to make a personal injury claim.

Some examples of how you could become injured whilst working at a construction site include:

  • You could suffer a broken bone if you were to fall from a height from poorly constructed scaffolding.
  • If an object were to fall on you from a height, you could suffer a head injury. To help reduce this risk, your employer should provide you with appropriate personal protective equipment (PPE), such as a hard hat.
  • A foot injury could also occur from a lack of PPE. For example, if your employer failed to provide you with the appropriate protective footwear, such as steel toe-capped boots.
  • Slips, trips and falls on the same level could cause a back injury. Your employer should ensure that walkways are kept free of clutter, such as trailing wires.

Contact our advisors today if you have any questions about making a personal injury claim for a construction site accident or how a lawyer from our panel could help you with your case.

Who Is Liable For Construction Site Accidents?

The Health and Safety At Work etc Act 1974 defines UK employers’ responsibilities to their employees and contractors. Any accident that directly causes injury because of their failure to apply this law could make them liable to pay compensation.

As a self-employed contractor, you could receive the same protection whilst working on-site where you may be considered an ’employee’.

As a member of the public injured on a building site the Occupiers Liability Act, 1957 is the appropriate legislation to refer to. At Public Interest Lawyers we can help you with your construction site accident claim if injured as a member of the public.

What Evidence Could Support Your Claim?

It’s important that you gather evidence ahead of making a claim. This is something a solicitor from our panel could help you with, should you choose to hire one.

Different types of evidence you might consider collecting include:

  • CCTV footage of the accident happening
  • The contact details of any witnesses so a statement can be taken
  • Copies of reports made in the workplace accident book
  • Medical reports

Though it’s not required in order to make a claim, we would recommend you hire a solicitor to help you. Personal injury solicitors that are experienced in construction site accident claims will know every step of the claims process and could help you prepare your case.

Speak to an advisor today for free legal advice.

Building Site Accident – How Long Do I Have To Claim?

If you were injured in a building site accident due to the negligence of a party that owed you a duty of care, you might wonder how long you have to make a construction claim. Usually, the time limit is three years from your accident, or three years after you became aware that your accident was caused by the negligence of your employer or the occupier of the building site.

However, there can be exceptions to this rule, such as in the cases of minors being injured, or those with limited mental capacity.

To find out if you could be eligible for an exception, or if you are still within your 3 years, get in touch with us at any time.

How Is Compensation Calculated Following A Construction Site Accident?

If your claim for a construction site accident is successful, your settlement could consist of two heads of claim. These are called general and special damages. 

General damages compensate for the physical pain and mental suffering caused by your construction accident. When calculating the value of general damages in construction accident claims, legal professionals can refer to the Judicial College Guidelines (JCG). This document provides a list of guideline compensation brackets for different types of injuries. 

In our table below, we look at a few figures from the 16th edition of the JCG. As every claim is different, it is only provided for guidance.

Injury how severe? JC Guidelines award bracket notes
head moderately severe (b) £219,070 to £282,010 the claimant will have substantial dependence on others, a need for constant professional and other care.
head moderate (c) (i) £150,110 to £219,070 personality change, impact on speech or eyesight
head less severe (d) £15,320 to £43,060 good recovery but risk of epilepsy.
back severe (a) (i) £91,090 to £160,980 severe pain, disability, and partial paralysis
back moderate (b) (i) £27,760 to £38,780 compression and fracture damage to vertebrae
burns severe Likely to exceed £104,830 burns that cover more than 40% of the body
knee severe (a) (i) £69,730 to £96,210 acute pain, loss of function, need for surgery
leg serious (iii) £39,200 to £54,830 serious fractures, scarring and prolonged treatment
ankle severe (b) £31,310 to £50,060 need for surgical pins or long period in plaster
elbow less severe (b) £15,650 to £32,010 impaired function that does not require surgery

Examples Of Special Damages For A Construction Accident Claim

Additionally, your compensation award could include special damages. This head of a claim recovers any financial losses related to your injuries. To recover special damages as part of your construction claim, you should supply evidence of your losses, such as receipts, wage slips and bank statements.

Some examples of the financial losses that could be recovered as part of your claim for a building site accident include:

  • Loss of earnings for time spent off work to recover from your injuries. This can also include pension contributions.
  • Medical expenses, such as the cost of physical therapy and prescriptions.
  • The costs of any modifications made to your home to help cope with your injuries, such as the installation of a wheelchair ramp.
  • Travel costs, such as the cost of taxis to attend medical appointments.

If you suffered injuries in a construction accident, an advisor from our team can provide you with a free claim valuation, including what costs you might be able to recover under special damages.

Get Advice On Construction Site Accident Claims

Your construction site accident claim could be easier with legal representation but you might have anxieties about the costs? A personal injury lawyer offering No Win No Fee agreements could help.

Also called Conditional Fee Agreements, legal arrangements such as this require you to pay no upfront fees to hire representation.

What percentage do No Win No Fee solicitors take?  No Win No Fee solicitors only deduct a maximum amount of 25 per cent from the settlement amount to cover their costs if the case wins. If for whatever reason the case does not win, they take no payment at all.

This means you could launch your construction site accident claim with our panel of solicitors right now, having a complete understanding of what the fees and payments might be. Find out more about No Win No Fee by:

  • Call our advisors on 0800 408 7825
  • Get a ‘call back’ when you contact us
  • Or use the ‘live support’ option below

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