How To Make A Construction Accident Claim

Building sites can be dangerous workplaces if not properly managed. Both workers and visitors to a site could be injured if appropriate safety measures were not taken. If you or a loved one have been injured on a construction site, you may be entitled to seek compensation. In this guide, we look at when and how to make a construction accident claim.

Key Takeaways

  • If you were injured due to someone else’s failure to ensure reasonable safety on a construction site, you could claim compensation.
  • You may be able to claim whether an employee, an agency worker or sub-contractor.
  • You may be awarded compensation for your injuries and subsequent financial losses.
  • Compensation claims must be started within the accident at work claims time limit.
  • A No Win No Fee solicitor from our panel may be able to help you claim compensation.

Contact us for a free assessment of your accident at work claim. We can check your eligibility to claim and if it seems valid, connect you to a solicitor from our panel.

A construction site worker lays on the ground having hit their head on a brick.

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Construction And Building Site Accident Claims

In order to make a construction accident claim, or any other type of personal injury claim, you must show that another party was at fault. Construction industry employers must take reasonable and practical steps to ensure the safety of workers and employees on a construction site.

The employer’s duty of care is set out in legislation such as the Health and Safety at Work, etc. Act 1974. Those in control of construction sites should also comply with guidelines set by the Health and Safety Executive (HSE). This is the UK’s regulator for workplace safety.

To be able to make a claim you must show that:

  1. You were owed a duty of care as an employee, agency worker or other worker.
  2. This duty of care was breached.
  3. The breach resulted in your injury.

Later in this guide we will look at examples of how a breach of duty could cause a building site accident.

One of our advisors could help to assess whether you have a valid claim.

Who Is Responsible For Construction Site Safety?

Safety on a construction site is shared between several different parties. This is outlined in legislation such as the Construction (Design and Management) Regulations 2015 (CDM 2015).

The key people responsible for safety in the construction industry include:

  • The client. This is the party who commissions the work. They must ensure that health and safety risks are effectively managed.
  • Principal designer. They are responsible for planning, managing and monitoring health and safety during the pre-construction phase where there is more than one contractor.
  • Principal constructor. They are responsible for monitoring, managing and planning for health and safety whilst the building is being constructed.
  • Site managers. They are responsible for taking steps such as assessing hazards, educating workers and ensuring compliance. They should also plan for safety and manage contractors.
  • Contractors and subcontractors. They are responsible for planning, managing and monitoring all work carried out by them and their workers. They must ensure people are properly trained, provided with the necessary work equipment and have the necessary personal protective equipment (PPE), such as safety goggles.

In addition to this, employees have personal responsibility to follow health and safety procedures. They must also ensure they adhere to training provided and wear any PPE issued to them. They must also report any (potential) hazards.

Finally, the HSE also sets safety standards which the parties listed above must comply with.

What Legislations Keep Construction Workers Safe?

There are various pieces of legislation which are designed to keep people safe in workplaces such as construction sites. In addition to legislation already highlighted, those which may be relevant to building sites include:

These are examples of some of the different pieces of legislation designed to ensure the safety of construction workers.

Get help and advice on making a construction accident claim by contacting our team.

A worker has been injured in a building site accident.

How Can A Construction Site Accident Happen?

Workplaces in the construction sector may include various different types of potential hazards many of which could cause serious or even fatal injuries. According to HSE statistics for the construction industry, a construction site accident may involve:

  • Falls from a height. These account for 20% non-fatal accidents. They may be caused by improper safety railing on scaffolding leading to a worker falling to the ground.
  • Slips, trips and falls on the same level. These are the most common form of accident, causing 25% of construction site injuries. They may be caused by tripping over loose cabling due to poor housekeeping
  • Struck by a moving and/or falling object. These accidents cause 12% of injuries. A worker may not have been trained in the proper use of a construction vehicle, striking a worker passing behind the vehicle.
  • Injuries whilst handling, lifting or carrying. Finally, this type of accident accounts for 18% of non-fatal injuries in construction. A construction worker could be injured attempting to lift an unsuitable load by themselves if not given proper training at work.

How Common Are Building And Construction Site Accidents?

Using the previously linked resource from the Health and Safety Executive, we can see statistics on the rates of fatal and non-fatal injuries to workers on construction sites.

  • There were 51 fatal injuries in 2023/24
  • 47,000 workers suffered non-fatal injuries (averaged over a three year period for 2021/22 – 2023/24.

Health and safety breaches in the construction industry could lead to a wide variety of different types of incidents. Please contact us for more information on how to make a construction accident claim.

After An Injury, How Long Do I Have To Make A Construction Accident Claim?

Generally, there is a three-year time limit in which to make a construction accident claim. This time limit is set by the Limitation Act 1980. The start of the time limit is taken as the date on which the accident took place or the date on which you became aware that you had been injured.

There are circumstances in which the time limit to claim for construction site injuries may differ:

  • Where a worker under the age of eighteen has been injured, the time limit will not begin until their 18th birthday. Prior to this, someone could claim on their behalf, acting as a litigation friend to do so.
  • Where injured parties have reduced mental capacity, the time time limit is suspended. It may be reinstated if the person regains their capacity. In this instance, a litigation may again claim on their behalf.

You can find out more about time limits relevant to making a construction accident claim by contacting our team.

A construction worker is working at height.

How Much Compensation Could You Get For A Construction Site Accident?

Compensation in a successful construction accident claim may be awarded as two heads of loss. These heads of loss are:

  • General damages: this includes compensation for any physical (and/or psychological) injuries resulting from the accident.
  • Special damages: this includes compensation for financial losses related to your building site accident. Special damages awarded may be higher than that for general damages.

To calculate what general damages you may be awarded, a personal injury solicitor or other party may refer to your medical records and the Judicial College Guidelines (JCG). This is a publication which sets out guidelines on compensation for different forms of injury.

We have taken figures from the JCG relevant to suffering a construction injury. The top entry in our table is not a figure from the JCG.

InjurySeverityGuideline Damages
Multiple injuriessevereUp to £1,000,000+ with special damages
Injuries involving paralysisA - Tetraplegia (Quadriplegia).£396,140 to £493,000
Brain damageA - Very severe£344,150 to £493,000
Brain damageB - Moderately severe£267,340 to £344,150
Back injuryA - (i) Severe£111,150 to £196,450
Neck injuriesA - (i) SevereIn the region of £181,020
Leg injuryB - Severe (ii) very serious£66,920 to £109,290
Shoulder injuryA - Severe£23,430 to £58,610
Knee injuryB- (i) Moderate£18,110 to £31,960
Ankle injuryD - Modest injuryUp to £16,770

Special Damages In Construction Injury Claims

Building site accident compensation claims may also include damages for financial losses caused by and related to your accident.

Examples of financial losses you may be compensated for are:

  • Loss of earnings due to taking sick leave or time off work to recover from your injury.
  • Medical costs such as the cost of getting medical care, treatment for an injury or the cost of medication.
  • Travel and transport costs related to getting to and from medical care.
  • The cost of getting help in the home. Your injuries may leave you unable to carry out domestic tasks such as preparing food or cleaning.

Whilst successful claims are automatically awarded general damages, special damages are not automatically awarded. You must provide supporting evidence of these losses. Evidence may include payslips, invoices for domestic help or medical care or receipts for medication.

Please contact us for an assessment of how much compensation you may be awarded for a construction accident.

What Are The Benefits Of Making An Accident At Work Claim?

A construction or building site accident could leave you with physical or psychological injuries. It may also leave you suffering financial losses. Making a construction injury claim could help you secure compensation for both of these.

Claiming compensation could help you to pay for costs such as getting medical treatment or help in the home. One of our panel of construction accident solicitors could help you to make a successful claim.

A solicitor from our panel could advise you of how the claims process works. They could guide you through this, providing advice and explaining any legal or medical terminology. What’s more, they may be able to help you make a construction accident compensation claim on a No Win No Fee basis.

How UKLaw Can Help You

UK Law could help you in a variety of ways. They could:

  • Explain how accident at work claims work.
  • Guide you through the personal injury claim process.
  • Value your claim and ensure that all of your damages are considered.
  • Help you to collect evidence to prove your claim and entitlement to special damages.

What Is A Conditional Fee Agreement?

If you are eligible to claim compensation a solicitor from our panel could help you to do so on a No Win No Fee basis.

They could work on your claim under a Conditional Fee Agreement (CFA). By using a CFA, this means that you do not need to pay for your solicitors work:

  • Before starting a claim.
  • Whilst the claim is underway.
  • If you are not awarded compensation.

Under such an agreement, you would pay a success fee if successful. This success fee is a percentage of your compensation. The percentage is capped legally.

Contact us to learn more about making a construction or building site accident claim.

A solicitor works on construction accident claims.

More Information

In this final part of our guide we have included helpful guides and resources.

References

Thank you for reading our guide on how to make a construction accident claim. Get in touch today to get help and advice from one of our panel of solicitors.