A Guide To Construction Accident Claims
Learn everything you need to know about making a construction accident claim with our helpful guide.
£85 million in compensation
A Guide To Construction Accident Claims
Learn everything you need to know about making a construction accident claim with our helpful guide.
Construction site accidents happen every day in the UK, and while they aren’t all caused by employers, some are. Injuries sustained in these accidents can have serious, life-altering consequences, and we believe that no one should have to face that alone. At JF Law, we’ve helped countless people secure the compensation they deserve after being injured in the workplace, and our approach to construction site accident claims is no different.
In this guide, we’ll explore everything that you need to know about the construction site claims process, from when you could be eligible for compensation all the way up to how our solicitors could help you. You’ll also learn about the duty of care owed to employees and some of the most common causes of construction site accidents.
We understand that most people aren’t familiar with the legal terminology commonly found in accident at work claims, so we take care throughout this guide to explain what we can. If you still have questions, our team of expert advisors are here to help.
Contact Us
At any point in our guide, you can reach out for free advice from a member of our team. Talk to an advisor today by:
- Contacting us online
- Calling us on 0151 375 9916
Who Is Responsible For Accidents On A Construction Site?
There are a number of different people who could be responsible for accidents on a construction site.
The Health and Safety at Work etc. Act 1974 (HASAWA) is the main piece of health and safety legislation that UK employers need to follow. It lays out the duty of care that your employer owes you. To successfully uphold this duty, they need to take all reasonable and practical steps to keep you safe while working. On a construction site, these responsibilities can also fall to:
- The site foreman
- The owner of the land
- Equipment manufacturers or lenders
- The client
- Anyone else who is responsible for that area
We understand that this might make establishing liability in construction accident claims appear harder, but we’re here to help. Keep reading to find out if you could be eligible for compensation, or contact our team today to get started on your claim.
Am I Able To Make A Claim For Construction Accident Injuries?
Yes, you may be able to make a claim for construction accident injuries as long as you can establish that negligence occurred.
Negligence means that:
- Someone owed you a duty of care
- This duty was breached
- You were injured as a result
If you can prove that all 3 of these things happened, then you can make an accident at work claim.
Can I Still Claim If I Was Partially To Blame?
Yes, you can still claim if you were partially to blame. If you contributed to the accident, then you could claim compensation under the conditions of split liability. For instance, if you weren’t given appropriate PPE but you were walking in a restricted area. If an object was to fall from a scaffold and hit you on the head, you would be partially responsible for the accident for walking where you shouldn’t, but so would your employer for failing to provide PPE.
If you were partially responsible for your injuries, then you could make a contributory negligence claim. As an example, if your employer had not designated safe zones for overhead material transport but you weren’t wearing a hard hat. If a brick were to fall from a scaffold and hit you on the head, your injuries would be worse than they would be if you were wearing appropriate gear. However, since your employer hadn’t appropriately zoned the site, they would also be responsible.
In these types of claims, compensation may be reduced to reflect the level of your contribution to the accident or injuries. So, if you are found to be 25% responsible, the amount of compensation paid out will be reduced by 25%.
Claiming As A Self-Employed Contractor
You can still claim as a self-employed contractor since you’re protected under Section 4 of HASAWA. This section states that those who are using the premises as a place of work, but are not employees, are owed the same duty of care as contracted employees from those responsible for their safety.
Fatal Building Site Accidents
Unfortunately, some building site accidents can be fatal. According to statistics published by the UK’s health and safety regulator, the Health and Safety Executive (HSE), there were 51 reported fatalities in the construction industry in 2023/24.
If you lost a loved one in a building site accident, you may be able to make a fatal accident claim under the Fatal Accidents Act 1976. However, in the first 6 months following their passing, only their estate can bring forward a claim, as per the Law Reform (Miscellaneous Provisions) Act 1937. This claim can cover your loved one’s pain and suffering as well as financial loss up to their death, and can also cover the effect that their passing has had on their dependants.
If they haven’t claimed on behalf of the dependants in these first 6 months, then qualifying relatives can start their own fatal accident compensation claim. This can cover the effect that the death has had on a dependant.
Our sensitive and friendly advisors are here to provide further guidance. If you’d like to learn more about fatal construction accident claims, contact us today.
Established, Experienced, Dependable, Responsive and Committed
We strive to provide the highest level of service possible. Our sole aim is to get you the best result we can and one you’re satisfied with. Get in touch today to find out how we can help you.
The Most Common Causes Of Construction Accidents
There are many common causes of construction accidents. Below, we’ve listed some of the more frequently encountered in accident at work claims.
Lack Of Risk Assessments
Employers need to carry out risk assessments to make sure that any potential hazards are identified and mitigated. Otherwise, workers are at risk of injury.
For example, if your employer asked you to do a manual handling task, like moving a heavy pallet of building materials across the site, but didn’t undertake a risk assessment to check that you’d be able to do it alone, this could result in a serious back injury.
Lack Of Safety Training
It’s your employer’s responsibility to provide free and adequate training if and when you need it to do your job safely.
If your employer knows you aren’t trained on using a forklift, they should take steps to ensure you are to operate one before asking you to use it. Otherwise, it could result in a forklift accident that causes multiple severe injuries, including brain damage and permanent scarring.
Poorly Managed Site Conditions
Poor site conditions can result in a number of different injuries, and those responsible for the space need to ensure that walkways are clear and not obstructed by debris. If management fails to undertake regular inspections and assessments, this can result in slip, trip and fall accidents, causing ankle and knee injuries.
Faulty Or Defective Equipment
It’s the duty of your employer or anyone else who is responsible for the equipment on a construction site to make sure that they are properly maintained. If your employer asks you to use a woodsaw that they know is faulty, this could result in a malfunction that leads to serious lacerations, scarring, and soft tissue damage.
Lack Of PPE
Employers need to provide free and suitable personal protective equipment (PPE) to their employees wherever necessary. On a construction site, this might include hard hats, high visibility vests, steel-toed boots, or harnesses for working at height. If your employer knowingly gives you a cracked hard hat, this could render it ineffective when a slab of debris falls and strikes you, resulting in a severe head injury.
Inadequate Precautions When Working At Heights
The Work at Height Regulations 2005 outline what employers and responsible persons are expected to do to keep workers safe when performing their duties at height. For example, this can include making sure proper safety equipment is provided, like a working harness. If you are knowingly asked to work at height with faulty equipment, it could cause you to suffer a fall at work, resulting in life-changing injuries like paralysis.
Lack Of Vehicle Management
In 2023/24, 10% of reported fatal construction site accidents were caused by workers being struck by moving vehicles. Your employer should ensure that there are safe walking routes on the site. Failing to do so could mean that you get hit by a moving truck, causing a number of broken bones and psychological injuries like post-traumatic stress disorder (PTSD).
The examples above are only a few ways in which construction accident claims could occur, so don’t worry if you don’t see your situation reflected here. Speak to a member of our team today to find out if you could make a claim.
We pride ourselves
on providing the best service
possible for our clients.
We pride ourselves on providing the best service possible for our clients.
Payout Amounts In Construction Accident Compensation Claims
All payout amounts for successful construction accident compensation claims are determined on a case-by-case basis, so the level that you receive will depend on a range of factors.
Successful claimants receive general damages, which are compensation for the pain and suffering their injuries have caused them. These damages cover both physical and psychological injuries, as well as loss of amenity. This term means the effect that your injuries have had on your ability to do things like enjoy your hobbies, socialise, or perform day-to-day activities.
When professionals value this head of your payout, they might use the Judicial College Guidelines (JCG) for help. This is a document that provides guideline compensation brackets for different injuries and conditions, as you can see below. Please note that these brackets are not guaranteed amounts, and the first entry in this table has not been taken from the JCG.
| Injuries | Compensation | Notes |
|---|---|---|
| Multiple Severe Injuries Alongside Special Damages | Up to £1,000,000+ | A combination of multiple severe injuries alongside special damages, which can include expenses like mobility aids, prescriptions, and lost earnings. |
| Very Severe Brain Damage | £344,150 to £493,000 | Cases where there is some ability to follow basic commands will fall at the top of this bracket, but there will be little to no indication of a meaningful response to the surrounding environment or language function. The claimant will require full-time nursing care. |
| Moderate Brain Damage (i) | £183,190 to £267,340 | There is a moderate to severe intellectual deficit, an effect on senses, sight, and speech, no prospect of employment, and a change in personality. |
| Severe (i) Neck Injuries | In the Region of £181,020 | Neck injuries that are associated with permanent spastic quadriparesis or incomplete paraplegia, or cases where a claimant has limited/no neck movement despite wearing a collar 24 hours a day for some years. |
| Loss of 1 Arm (i) | Not Less Than £167,380 | Where the arm has been amputated at the shoulder. |
| Severe Back Injuries (ii) | £90,510 to £107,910 | These injuries will have special features that put them in a higher bracket, like nerve root damage that is associated with symptoms like a loss of sensation and impairment affecting mobility, the bowels, and bladder. |
| Chest Injuries (b) | £80,240 to £122,850 | Traumatic chest, lung, and/or heart injuries that cause permanent damage, disability, function impairment, and a reduction in life expectancy. |
| Total Loss of 1 Eye | £66,920 to £80,210 | The awarded compensation will depend on things like the age of the claimant and the cosmetic effect of the injury. |
| Traumatic Digestive Injuries (i) | £52,490 to £75,550 | Severe damage to the digestive system which causes continuing discomfort and pain. |
| Severe Leg Injuries (iv) Moderate | £33,880 to £47,840 | Cases include severe crushing injuries or multiple severe fractures, usually to 1 limb. Factors considered by this bracket range from effect on employment, what degree of treatment has been received, and the risk/presence of degeneration. |
Special Damages
You might also be eligible for special damages. This second head of claim covers the financial losses that your injuries have caused. For example, this might include the cost of:
- Lost earnings incurred from missed work days. You may also be able to claim for future lost income
- Mobility aids, such as wheelchairs and scooters
- Home adjustments to accommodate your injuries. For instance, your construction accident might have resulted in a disability that means you now need a stairlift or grab bars throughout the house
- Extra childcare that is needed due to your injuries
- Domestic help for daily tasks like personal care and meal preparation
- Private medical treatment, occupational therapy, and physiotherapy
- Prescriptions for medications
It’s important to remember that in order to claim these losses back, you need to provide proof like payslips and invoices. We’ll talk more about evidence in the following section, so keep reading to learn more or contact our team to get started on the construction accident claims process.
How Can I Start My Claim For A Building Site Accident?
To start your claim for a building site accident, you will need to take steps to collect supporting evidence. This task is one of the most important steps in the construction accident claims process, as your entire case may hinge on how much proof you have.
We know this can sound daunting, but don’t worry; we are here to help. If you choose to make a claim through one of our solicitors, they can help make sure that you have all the evidence you need to form the basis of a successful claim.
For example, this might include:
- Photographs of visible injuries or of the accident site. For example, you could take photographs showing defective equipment or the site conditions that led to your accident
- CCTV footage that shows either the accident itself or the circumstances that led up to the accident
- Medical charts, documents, scans, and test results that might show the severity of your injuries and give insight into the overall prognosis
- The results of an independent medical assessment, which our solicitors could arrange for you
- Witness contact details, which allows their statements to be taken by a solicitor at a later date
- Financial evidence, like bank statements, invoices, or anything else that shows how your injuries impacted your finances
Working with a solicitor means that they can help you gather this proof and use years of experience to pursue avenues of evidence that you might not know about. Contact us today to find out more about the construction accident claims process, or keep reading to learn about how our solicitors could help.
Can I Claim On A No Win No Fee Basis?
Yes, you can claim with a solicitor on a No Win No Fee basis. Our expert solicitors offer all of their top-tier services under the terms of a Conditional Fee Agreement (CFA), which means:
- You don’t pay for their services upfront
- You don’t pay for their work as your claim is ongoing
- You don’t pay any solicitor fees at all if your claim fails
If it succeeds, then you’ll pay a small success fee. This is taken directly from your compensation by your solicitor as a percentage, which is capped by law. This legislative cap ensures that you keep the majority of what you receive.
Our cutting-edge, client-focused approach to accident at work and personal injury claims has already recovered over £80 million worth of compensation for people all over the country, and you could be next.
Contact Us
Contact our team today to learn more about how our solicitors could help you through the construction accident claims process. You can talk to a member of our team today for free by:
- Contacting us online
- Calling us on 0151 375 9916
More Information
For more information on making an accident at work claim:
- Learn how to make a chemical burn at work claim
- Find out how to make a claim if you work in an office
- Get help claiming for an eye injury at work
Or, for further resources:
- Get information on health and safety on construction sites from the HSE
- Learn about first aid from the NHS
- Find out how to request CCTV footage of yourself
Thank you for reading our guide on construction accident claims.
Our Latest Customer Reviews
AS SEEN ON
Contact Us
Our helpline is open 24 hours a day, 7 days per week.
All calls are free and there’s no pressure whatsoever to proceed with a compensation claim.
If you write to us, we aim to respond within an hour or two, and no more than a few hours.
Request a Callback
