In this guide, we will look at the process of making a construction accident claim. If you have been injured as a result of an employer failing to abide by health and safety regulations you may be eligible to make a claim.
Construction sites have a lot of potential hazards and when risks go unchecked they can result in injuries. These injuries can range from small to life-altering. It is important to understand the eligibility criteria for making a personal injury claim after an accident caused by a duty of care breach.
If you have a question about making a claim then contact our advisors for free legal advice. If they believe you have grounds for a claim they may pass it on to our panel of No Win No Fee solicitors who could help you begin the claiming process.
You can contact our advisors by:
- Calling us at the number above
- Using the live chat feature on this page
- Filling out our contact form
Construction accident claim guide
Can I Make A Construction Accident Claim?
All employers owe their employees a duty of care. This means that they should take all reasonably practicable steps to ensure their employees are safe. The Health and Safety at Work etc. Act 1974 (HASAWA) is the legislation that establishes this duty of care.
If you sustained an injury due to employer negligence, you may be able to make a construction accident claim. Injuries in the construction industry can range from relatively minor to more serious. For example, a construction accident could cause you to break your finger; this injury could heal within a few months. Alternatively, you might sustain a head injury because of negligence that causes you permanent brain damage.
Contact our advisors today for more information about making a claim against your employer for injuries caused by negligence.
Construction Site Accident Statistics
British employers reported under the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 (RIDDOR) that 51,211 non-fatal injuries happened to employees in the workplace, according to statistics. During, 2020/21, construction had 3464 industry injuries overall with 2,212 taking over 7 days of absence from work. Specified incidents must be reported to the Health and Safety Executive (HSE)
The rate at which injuries were reported in construction was approximately 272 non-fatal injuries per 100,000 employees. Moreover, the rate of non-fatal injuries in construction has decreased from 5,449 in 2014/15 to 3,464 in 2020/21.
How Much Is My Construction Accident Claim Worth?
If your construction accident claim succeeds you could be eligible to receive compensation for general and special damages. The general damages head of your claim is worked out with the help of the Judicial College Guidelines (JCG) and refers to the pain and suffering caused by your injury.
The following table outlines JCG’s potential compensation brackets for various injuries:
Injury Compensation Notes
Below-knee amputation of one leg £91,950 to £124,800 The top of this range includes traumatic amputation happens as the result of an accident.
Severe tinnitus and NIHL (i) £27,890 to £42,730 Severe tinnitus and noise-induced hearing loss.
Chest injury (e) £5,000 to £11,820 Smoke/toxic fume inhalation with lasting damage temporarily impairing lung function.
Asbestos-related injury (d) £14,140 to £36,060 Pleural thickening and asbestosis where only 1-10% of the impairment of lung function can be attributed to asbestos
Moderate neck injury (iii) £7,410 to £12,900 Moderate soft tissue injuries with protracted recovery. Vulnerability to a future trauma.
Severe back injury (ii) £69,600 to £82,980 Nerve root damage and sensation loss. Impaired mobility, bladder, bowels and sexual function.
Moderate pelvis and hip injury (i) £24,950 to £36,770 Notable pelvis and hip injury with minor permanent disability and future risk.
Less severe elbow injury (b) £14,690 to £30,050 Function impairment without major surgery or notable disability.
Wrist injury (b) £22,990 to £36,770 Notable permanent disability, some movement remains.
Severe fractures to fingers (f) Up to £34,480 May need a partial amputation. Deformity, grip impairment, reduced function and disturbing sensation.
Furthermore, as part of your claim, you may also be eligible to receive special damages. These damages cover the financial costs incurred due to your injury and can include:
- Loss of income and future earnings
- Travel expenses to and from medical appointments
- Gracious care
- Child care costs
Contact our advisors today for a free, no-obligation assessment of how much you could receive.
Examples Of Accidents On Construction Sites
Accidents can happen in the workplace, but if you sustained an injury due to a breach of the employer’s duty of care then you can make a claim. It can be important to understand what steps an employer should take to keep you reasonably safe. HASAWA states the steps include:
- Providing and maintaining work systems – Ensuring tools and equipment are maintained to an adequate standard, such as bulldozers on construction sites. If not equipment may malfunction causing crushing accidents.
- Providing Personal Protective Equipment (PPE) – Providing free PPE where necessary. If an employer does not provide any PPE, or PPE that is unsuitable, such as a dented hard hat where there is the possibility of falling heavy objects.
- Providing sufficient training and supervision – All employees should receive free and relevant training to safely perform their jobs. Inadequate training when operating heavy machinery such as forklift trucks may lead to unsafe driving and collisions.
- General housekeeping – Walkways should be cleared of obstructions and spills to ensure workplace safety. If walkways are not clear of obstructions or spills then this could result in a trip, fall or slip. It can be especially dangerous on constructions sites when you could be working at a height.
- Risk assessments – Employers must conduct regular and thorough risk assessments. If not performed risk assessment may lead to scaffolding that isn’t sturdy and collapses under the weight of the workers.
Other Construction Site Legislation
The Construction (Design and Management) Regulations 2015 (CDM) is specific legislation for construction sites. It requires employers to:
- Reasonably plan works to mitigate potential risks
- Employ suitable people for the task
- Cohesively work in cooperation with other workers
- Be well-informed about the risks present on the construction site
- Communicate the risks to the appropriate people on site
- Engage workers and consult them about risk management
For more free legal advice about making a construction accident claim, speak with one of our advisors today.
Gathering Evidence Against Construction And Building Firms
To prove your construction accident claim you must gather evidence to show that your employer was negligent and that this negligence led directly to you being injured. Hiring a No Win No Fee lawyer could help this process.
Some examples of evidence include:
- Medical records – Seek immediate medical attention for your injuries. It helps ensure your well-being and medical records can strengthen your claim. You might also attend an independent assessment as part of your claim.
- Accident at work book – Employers with 10 or more employees are legally obligated to provide an accident at work book. Fill this in to create a timely record. A colleague can complete the book on your behalf if you are incapacitated.
- CCTV footage – You can ask your employer for CCTV footage and collect recordings from your fellow colleagues to support your claim.
- Pictures of the injury and accident site – Pictures may clearly show the hazard that resulted in your injury. The picture of your injury could go some way to showing how severe it is.
- Witness details – Collect witness details so a legal professional can take statements later on.
Contact our advisors for more information on what evidence to gather for your construction accident claim.
Do No Win No Fee Solicitors Handle Construction Site Accident Claims?
To start your construction accident claim, you may find that hiring a No Win No Fee lawyer may make the process much simpler. They can help collect evidence, explain the different steps of the process to you and advise you on when they think you should accept or reject an offer of compensation.
Hiring a solicitor under a No Win No Fee agreement comes with its own benefits which include:
- No upfront costs to secure their services
- No retainer costs as your claim progresses
- If the claim fails then you don’t have to pay their legal fees
Furthermore, the lawyers will only take a small, legally-capped percentage of your compensation if your claim succeeds.
If you’re interested in learning more about this kind of agreement, speak with one of our advisors today.
Further Information About Making A Construction Accident Claim
Contact our advisors today if you want to begin making an accident at work claim. They will determine whether you have grounds for a claim and they may pass it on to our panel of No Win No Fee solicitors if so. You can get in touch with our solicitors by:
- Calling us at the number above
- Using the live chat feature on this page
- Filling out our contact form
Or other information you may find helpful:
Can you receive Statutory Sick pay?
When to visit an urgent treatment centre
Health and Safety in the construction industry
Contact our advisors today if you have any more questions about making a construction accident claim.
Writer Jack Easton
Publisher Fern Summers
