By Lewis Houston. Last Updated 28th September 2023. You may be able to receive compensation if you’ve suffered a construction injury caused because your employer breached their duty of care. Such a construction injury can deeply affect your quality of life, so you may want to make a personal injury claim. As with any personal injury claim, you’d need to prove that your injury was caused by a party that owed you a duty of care.
This guide will clarify the circumstances in which you may be able to claim for a site accident and the kind of losses you may be able to seek compensation for. It will also provide examples of construction accidents to give you a better understanding of incidents that can lead to claims.
You may want answers to questions like, “what are the main health and safety regulations in construction?” and “what is a serious accident in construction?” If so our guide could be just what you need.
If you like, you can contact our advisors for free legal advice using the contact details below. They will also be able to tell you if you can claim and could connect you with a personal injury solicitor from our panel who could help you on a No Win No Fee basis.
- Call us using 0800 408 7825
- Contact us through our website.
- Use the Live Chat window on the right-hand side of your screen
Read on to learn more about claiming for construction site injuries.
Select A Section
- What Are Construction Accidents?
- What Is The Most Common Accident In Construction?
- Common Types Of Construction Site Accidents
- Can Construction Accident Lawyers Help Me Gather Evidence?
- Health And Safety On Construction And Building Sites
- Self-Employed And Contractor Accidents
- Construction Injury Claims – Example Compensation Payouts
- Contact A Construction Accident Lawyer
- Learn More About Construction Accident Claims
You may be wondering, “what are construction accidents?” A construction accident is an incident that occurs on a construction site. There are many risks involved when you work on a construction site. Therefore, it is vital that any construction site is risk assessed so that any hazards are identified and removed or at least reduced to a manageable risk.
To be able to make a valid personal injury claim you must first determine whether the party responsible for the harm caused had a duty of care to keep you as safe as reasonably possible. Then you must look at whether this duty of care was breached and if the breach led to the accident that caused the injury.
If your injury was caused by another party’s negligence, you may be able to receive compensation. There are two types of losses that you could claim in a successful case. The first is general damages and the second is special damages.
We will explain how you could prove this and the specific legislation that clarifies duty of care below.
It’s difficult to answer questions like, “what accident killed the most construction workers?” However, we do know that there were 39 workplace fatal injuries in the construction industry in 2020/21.
Below we look at causes of accidents in the workplaces;
- Not following correct procedures.
- A lack of necessary personal protective equipment (PPE). A building site accident could also occur due to the PPE not being to a good enough standard to secure the safety of the working staff.
- Exhaustion, caused by insufficient breaks being provided to workers.
- Hazardous material not being stored correctly.
- Insufficient training.
- No appropriate hazard signposts being provided for the area.
A serious construction injury could include fractures, head injuries, dislocations, lung damage, sight injuries, deafness, among others. Injuries of this nature could leave you unable to work in the construction sector again, which is one reason why claiming for a construction accident could be so crucial.
A construction accident can occur from many different incidents, including:
- Falls from a height: This could be caused by insufficient work equipment, such as falling due to working with a damaged or faulty ladder.
- Falling objects: A machine could malfunction, resulting in objects, such as a metal girder, falling and seriously injuring you.
- Trips and falls: Construction accidents could also be caused by trips and falls. For example, exposed wires could lead to you falling and injuring yourself.
- Vehicle accidents: Construction vehicles could be dangerous due to not being properly maintained, which could result in you being seriously injured.
- Vibrating tools: Vibration white finger due to overuse without proper breaks.
- Noise – You could suffer from noise-induced hearing loss or tinnitus due to the level of noise present on the construction site and the necessary ear protection not being provided to you.
Some workplace injuries can happen because of your own negligence, or your employer may have done all they reasonably could to protect your safety but you were injured anyway. To make a successful claim for an accident at work evidence is key in proving that the employer caused the accident through negligence.
A construction site accident lawyer from our panel could help you gather evidence to support your accident at work claim, provided you have a valid case. They can help ensure you gather relevant evidence that helps prove negligence occurred and could organise an independent medical assessment to highlight the extent of your injuries.
Examples of evidence they could help assist you in gathering for your construction accident claim include:
- Requesting a copy of the report from the accident book. This could highlight when and how the accident occurred.
- Medical evidence regarding your injuries, such as a copy of your medical records.
- Any video footage of the accident, such as CCTV footage.
- Photographs of the accident scene and any visible injuries you suffered.
- The contact details of any witness to the accident so that they can take a statement from them at a later date.
To see if you could be eligible to work with a construction accident lawyer from our panel, you can contact our advisors today.
You may be wondering, “what is construction health and safety?” Laws were designed to make sure workplaces, such as a construction site, operate as safely and effectively as possible.
One such law is The Construction (Design and Management) Regulations 2015. These regulations aim to improve health and safety in the industry by helping those in construction to:
- Sensibly risk assesses the environment so hazards are managed.
- Make sure the appropriate person is picked for each job.
- Cooperate to make sure the work is effectively managed and communicated.
- Have the right information about the risks and how they need to be managed.
- Give this information effectively to those who need to know.
- Consult with other workers to make sure there is sufficient coordination on the construction site.
Legislation like this details your employer’s duty of care to prevent accidents at work. For instance, they could:
- Provide appropriate training
- Ensure that machinery is properly maintained
- Provide the appropriate PPE where it’s necessary
Therefore, you may be able to make a construction accident claim if your accident was caused by employer negligence. Furthermore, to learn more about claiming for a site accident, please don’t hesitate to contact our advisors. They are friendly, have solid experience and offer free legal advice at a time that works for you. Contact them using the details above.
You may have suffered a construction accident while being self-employed or working as a contractor on a site. If that is the case, you could still make a claim.
Under the Health and Safety at Work etc. Act 1974, employers owe a duty of care to protect their employees’ safety, but also the safety of visitors to the workplace. This could include contractors and the self-employed.
The employer might:
- Direct or control the tasks you’re doing
- Provide you with the essential equipment you need to do your job
Whether you were classed as an employee or not, if an employer’s negligence caused you injury, you could potentially claim.
In construction injury claims, there are two potential avenues of compensation: general damages and special damages. Should your claim be successful, the pain and suffering caused by the injury is compensated for through general damages. The financial losses created by the injury can be compensated for under special damages.
To receive any compensation as a result of a construction site accident, you would need to prove that the injury or injuries caused were the result of negligence. For example, if you’ve been injured due to using a faulty ladder that was supplied by your employer, you may be able to claim.
The Judicial College Guidelines (JCG) are used by solicitors and lawyers to provide insight to clients regarding their potential compensation. The below figures have been taken from the 2022 guidelines, the latest available.
The compensation brackets shown below are for illustrative purposes only – these figures are not guaranteed as many factors can determine what you could receive.
|Type of Injury||Severity||Amount of Compensation||Description|
|Brain||(b) Moderately Severe Brain Damage||£219,070 to £282,010||An injury in this bracket will leave the injured person very seriously disabled, causing a substantial dependence on others and a reliance on constant professional care.|
|Psychiatric Damage Generally||(b) Moderately Severe||£19,070 to £54,830||Injuries in this bracket lead to significant problems to the injured person's ability to cope with life, work and relationships. However, the prognosis will be more optimistic than in more severe cases.|
|Kidney||(c) Loss of one kidney||£30,770 to £44,880||Injuries in this bracket cause a loss of one kidney with no damage to the other.|
|Injuries to the Pelvis and Hip||(b) Moderate (i)||£26,590 to £39,170||This injury is a significant one to either the hip or pelvis but doesn't cause any major permanent disability.|
|Deafness/Tinnitus||(d) Partial Hearing Loss or/and Tinnitus (ii)||£14,900 to £29,710||This bracket includes injuries that lead to moderate tinnitus and noise-induced hearing loss.|
|Back||(b) Moderate (ii)||£12,510 to £27,760||Injuries in this bracket can cause ligament disturbances leading to backache and soft tissue injuries.|
|Asthma||(c) Bronchitis and wheezing||£19,200 to £26,290||Injuries in this bracket lead to wheezing and bronchitis leading to it affecting your social and work life. A substantial recovery is usually made within a few years.|
|Chest||(d) A relatively simple injury||£12,590 to £17,960||Injuries in this bracket include a relatively simple injury, like an isolated penetrating wound, causing permanent tissue damage.|
|Neck||(b) Moderate (iii)||£7,890 to|
|This bracket includes injuries that may have exacerbated or accelerated a pre-existing condition in usually less than five years. This includes moderate soft tissue injuries.|
|Shoulder||(d) Minor (iii)||Up to £2,450||This bracket includes a soft tissue injury that leads to considerable pain but an almost complete recovery is made within three months.|
As part of claiming for special damages, some of the financial losses you could receive compensation for include home adjustments, care costs, loss of earnings and travel expenses. You would need evidence to prove the losses you’re wanting to claim for. This could involve supplying receipts, bank statements and invoices.
If you would like an estimate that specifically relates to your injury, please contact us for a free consultation using the details provided.
If you are eligible to make an accident at work claim, you may like to instruct a lawyer to help with the process. If so, one of the personal injury lawyers from our panel could support your case. They usually provide their services under the terms of a Conditional Fee Agreement (CFA). This is a kind of No Win No Fee arrangement.
When your construction accident lawyer offers their services under a No Win No Fee arrangement, they usually don’t ask for any upfront or ongoing payments for their work on your case. However, if your case has a positive outcome, your lawyer will subtract a success fee from your compensation award. The amount that can be taken is a legally capped percentage. Additionally, if you aren’t awarded compensation following an unsuccessful claim, you won’t be asked to pay this fee.
If you have any questions about launching an injury at work claim, or if you would like to check your eligibility, one of the advisors from our team could help. If it seems like you have a good case, they could connect you to one of the personal injury lawyers from our panel.
To speak with an advisor:
- Call us on 0800 408 7825
- Contact us through our website
- Use the Live Chat window on the right-hand side of your screen
To know more about claiming for an injury in the construction sector, please read the information below.
Want to know who should report incidents in a workplace? If so, visit the HSE website.
The different types of reportable incidents can be found on this HSE webpage.
Would you like to know if you can claim for a knee injury? If so, view this page on our website.
To see if you can claim for an eye injury, read this page.
Do you want to know what your rights are after an accident at work? If so, view this guide on our website.
We also have some other guides you may find useful:
- Public accident claims hot spots
- Council slip and trip accidents
- Public transport accidents
- How to make a public liability claim
- Making a claim against the council
- Claiming for a pothole injury
- Making a claim against a shop
- Accidents in a public park
- Cycling accident claims
- Claiming for injuries suffered while shopping
To know more about claiming for a construction accident, please contact our team at a time that works for you.