By Megan Webster. Last Updated 22nd August 2023. This guide will look at making a construction accident claim if an accident at work caused by negligence has injured you. If you have sustained injuries as a result of a breach of duty of care, then this guide could help you.
Employers are responsible for their worker’s health and safety and have a duty of care to take all reasonably practicable steps to ensure. If an accident in construction injures a worker, the worker could claim compensation.
If you were injured on a construction site, Public Interest Lawyers could help you. Call our helpline for free legal advice, and a lawyer from our panel can handle your claim if you meet the right criteria.
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Construction is a diverse field in which to work. Builders, road workers, carpenters and civil engineers can all be classed as construction workers. An accident in construction is an unwanted occurrence, resulting in injury to a worker.
Construction accidents and the injuries that cause them can vary. You could sustain a minor injury as the result of an accident on a construction site. Alternatively, the injuries you sustain could be really serious or life-changing.
The amount of compensation that you receive will depend partly on the amount of pain and suffering you have experienced. Therefore, more severe injuries will generally attract a higher compensation award than minor ones.
For more information on making a construction accident claim, speak with our team today.
Can You Make A Construction Accident Claim?
You could make a construction accident claim if you have evidence to prove the following:
- Firstly, you were owed a duty of care by your employer. In Britain, all employers owe their workers a duty of care under the Health and Safety at Work etc. Act 1974.
- This duty of care was breached
- Consequently, this breach led to an accident that caused you injury.
As we have already mentioned, your employer needs to take reasonably practicable steps to ensure your safety. One of the things that they will be expected to do is perform risk assessments so that any hazards that pose a risk of injury to employees can be removed or, if this is not possible, reduced.
Please call our team to speak to an advisor to see if you have a valid construction accident claim.
As we have previously discussed, it is your employer’s duty of care to take reasonable steps to ensure your safety and prevent a building site accident from occurring. Some of the steps they could take to maintain their duty of care include:
- Carrying out regular risk assessments to identify any hazards. If they cannot be removed entirely, they should be reduced.
- Provide staff with appropriate personal protective equipment (PPE) e.g. hard hats and safety glasses.
- Regularly maintain any machinery that is used to complete work duties, such as cranes and forklifts.
- Ensure that all staff have received correct training on how to perform their work duties safely.
Furthermore, the Construction (Design and Management) Regulations 2015 outlines how those in charge of contraction sites can adhere to the duty of care they owe. For example, they should inform staff of any risks that are present and how they are being managed.
However, if, for example, your employer provided you with a sufficient hard hat and you refused to wear it, causing you to suffer a head injury, you might not be able to receive compensation.
To learn more about personal injury claims for accidents in construction, or to see whether you have a valid case, you can contact one of our advisors.
Construction Industry Safety Statistics
You may wonder which type of accident kills most construction workers. According to the HSE, the 5 most common causes of fatal accidents in the construction industry in 2016/17-2020/21 were:
- Falls from a height – 15%
- Trapped by something overturning – 13%
- Struck by a moving object – 11%
- Struck by a moving vehicle – 4%
These statistics are made up of reports made under the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013. Please also be aware that these are provisional figures.
These statistics show the importance of having high health and safety standards on construction sites to prevent accidents at work.
If you make a construction accident claim, your compensation payment will reflect the type of injuries you suffered and the severity of your injuries. You can collect evidence to support your claim if a construction site accident injures you.
There is no maximum amount of compensation that you could receive in a claim. This is because claims are based on individual circumstances. However, there is a document that legal professionals can use to help them value claims where the compensation awards are split into guideline brackets. This is called the Judicial College Guidelines (JCG), and we will look at it in more detail further in this guide.
Please contact Public Interest Lawyers to learn more about claiming for injuries sustained in a construction accident.
Providing supporting evidence is an important aspect of the claims process. Without evidence, you may not be fully compensated for the harm you’ve experienced.
You can do the following to collect evidence:
- Seek medical attention, and request a copy of your medical records.
- Photograph any visible injuries you have or the hazard that caused the accident.
- Keep the receipts of any purchases you make relating to your injuries.
- Record the details of the accident in your workplace accident book.
- Take the names and contact details of witnesses who would be willing to make a supporting statement.
Please contact us for more information on how to claim compensation. If we believe you have adequate evidence to support your claim, a solicitor from our panel may be able to manage your construction accident claim.
If you were injured in a workplace accident, you might have experienced pain and suffering as a result of your injuries. What’s more, you may have endured financial losses, such as a loss of earnings. You could receive two types of compensation to reflect these injuries and losses:
- You can receive general damages for the pain and suffering
- You can receive special damages for the financial losses your injuries caused.
You can use Public Interest Lawyer’s compensation table to see how much you can claim in general damages. The compensation brackets in the table are based on the 16th version of the JCG. However, because the outcome of every accident claim is different, the amount you receive will vary.
|Notes On This Injury
|No meaningful interaction with environment. Little/no language function. Potentially some ability to follow commands.
|£282,010 to £403.990
|(a) Severe (i)
|Causing disability and severe pain. Possible damage to the spinal cord resulting in harm not usually found in back injury cases.
|£91,090 to £160,980
|Injuries To The Internal Organs
|Chest Injury (a)
|The total loss or removal of a lung and/or serious damage to the heart.
|£100,670 to £150,110
|(a) Severe (i)
|The injury could be associated with incomplete paraplegia where there is little or no movement in the neck.
|In the region of £148,330
|Hip Injury/ Pelvic Injury
|(a) Severe (i)
|Extensive pelvic fractures or injuries which cause lower back spondylolisthesis necessitating a spinal fusion.
|£78,400 to £130,930
|The injury does fall short of necessitating the amputation of the arm, but the person is left little better of that if it had been lost.
|£96,160 to £130,930
|Deafness / Tinnitus
|Total Loss Of Hearing
|Award in the bracket will depend on whether there is any speech deficit or ringing in the ear.
|£90,750 to £109,650
|(a) Severe (i)
|Serious damage to the knee joint which caused symptoms such as gross ligament damage or disruption of the joint.
|£69,730 to £96,210
|All function in the wrist is lost.
|£47,620 to £59,860
|Associated with neck injuries also affecting the brachial plexus and leading to significant disability.
|£19,200 to £48,030
The table does not include special damages compensation guidelines. Please call our helpline to speak with an advisor to see how much you may be able to claim.
If you are eligible to make a construction accident claim, Public Interest Lawyers can help you. Our team can offer you free legal advice about claiming.
A member of our skilled panel of lawyers can handle your claim. You may be offered a Conditional Fee Agreement, which is a popular form of No Win No Fee agreement.
Why Make A No Win No Fee Accident Claim?
A Conditional Fee Agreement means that:
- You generally won’t pay an upfront fee to your lawyer or as the claim progresses.
- In the event of a successful claim, you will pay a success fee to your lawyer.
- The success fee is capped, so you cannot be overcharged.
Please contact us today to see if you are eligible to claim construction accident compensation.
- Call 0800 408 7825 for free legal advice
- Contact us to speak to a claims expert
- Ask us a question using the live support widget below
Learn More About Claims For Accidents In The Construction Sector
These articles may be helpful if you wish to know more about claiming a building site injury.
An HSE guide to health and safety for the construction industry
An HSE guide to the use of Personal Protective Equipment At Work
Head injury and concussion – a guide from the NHS
We appreciate you taking the time to read our guide to making a construction accident claim.
Article by AH