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.
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- What Are Construction Accidents?
- What Is The Most Common Accident In Construction?
- Common Types Of Construction Site Accidents
- Health And Safety On Construction And Building Sites
- Self-Employed And Contractor Accidents
- Construction Accident Compensation Calculator
- Contact A Construction Accident Lawyer
- Related Services
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.
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.
There are two potential heads of claim if you want to claim for a personal injury: general damages and special damages. Compensation for general damages relates to the pain and suffering caused. Special damages, meanwhile, purely relates to the financial losses you could claim that were caused by the injury.
However, one factor to bear in mind is that you wouldn’t receive any compensation if you don’t receive general damages.
The Judicial College guidelines can make you more aware of the compensation you could receive for a personal injury. They review previous compensation payouts and compare them to the injury sustained. Therefore, they’ve built compensation brackets and put them into a guide for legal professionals.
We use these brackets to provide you with a compensation table below. However, it’s important to note that the figures are for illustrative purposes only.
|Type of Injury||Severity||Amount of Compensation||Description|
|Brain||(b) Moderately Severe Brain Damage||£205,580 to £264,650||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||£17,900 to £51,460||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.|
|Deafness/Tinnitus||(d) Partial Hearing Loss or/and Tinnitus (ii)||£13,970 to £27,890||This bracket includes injuries that lead to moderate tinnitus and noise-induced hearing loss.|
|Chest||(d) A relatively simple injury||£11,820 to £16,860||Injuries in this bracket include a relatively simple injury, like an isolated penetrating wound, causing permanent tissue damage.|
|Asthma||(c) Bronchitis and wheezing||£18,020 to £24,680||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.|
|Kidney||(c) Loss of one kidney||£28,880 to £42,110||Injuries in this bracket cause a loss of one kidney with no damage to the other.|
|Neck||(b) Moderate (iii)||£7,410 to £12,900||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.|
|Back||(b) Moderate (ii)||£11,730 to £26,050||Injuries in this bracket can cause ligament disturbances leading to backache and soft tissue injuries.|
|Shoulder||(c) Minor (iii)||Up to £2,300||This bracket includes a soft tissue injury that leads to considerable pain but an almost complete recovery is made within three months.|
|Injuries to the Pelvis and Hip||(b) Moderate (i)||£24,950 to £36,770||This injury is a significant one to either the hip or pelvis but doesn't cause any major permanent disability.|
If you’d like advice on what you could claim, why not contact our advisors? They can value your injuries for free.
Solicitors on our panel are regulated by the Solicitor’s Regulation Authority in England and Wales, have solid experience and can work with you under a Conditional Fee Agreement. This means that:
- You do not pay solicitor fees either during the claims process or upfront.
- You do not pay solicitor fees if your claim isn’t successful
- The solicitor will take a small percentage of the settlement to cover their fees. This amount is legally capped.
Our advisors are available 24/7 and can help you with any queries concerning a construction accident claim. They have years of experience and can provide you with a compensation estimate over the phone.
They can also connect you with a personal injury lawyer or solicitor from our panel who could help build your case to help you receive compensation.
Contact us today at a time that suits you using the below details.
- 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.
Article by AU