How To Make A Building And Construction Site Accident Claim

This guide will explain who is eligible to make a construction site accident claim, how construction site accidents can happen, and how a No Win No Fee solicitor could help you. 

Construction site accident claim guide

Construction site accident claim guide

When you suffer an injury at work, it is important to identify who is at fault. If your injuries were caused by the negligence of your employer, you may be able to claim. This guide will explain what steps you can take after an injury to help strengthen your claim. 

Contact our advisors for more information on making a building and construction site claim today. You can: 

  • Call us on 020 3870 4868
  • Claim online  by filling out our online form
  • Use the live chat feature at the bottom of the screen

Select A Section

  1. What Do I Need To Make A Construction Site Accident Claim?
  2. Types Of Construction Site Accident
  3. Construction And Building Site Health And Safety
  4. Stages Of Making A Construction Site Accident Claim
  5. Calculating Damages For A Construction Site Accident Claim
  6. Talk To Us About Your No Win No Fee Claim

What Do I Need To Make A Construction Site Accident Claim? 

To make a construction site accident claim, you must be able to prove that your injuries are a result of employer negligence. 

All employers owe their employees a duty of care. The Health and Safety at Work etc. Act 1974 (HASAWA), is a piece of legislation outlining the practicable and reasonable steps an employer can take under their duty of care to provide a safe working environment.  If an employer breached their duty of care resulting in your injury you may be eligible to make an accident claim. 

It’s important to note that you cannot claim just because an accident a work occurred. In order to claim, you would need to show that a breach of duty of care resulted in the injuries you sustained.

Find out if you are eligible to make a claim by contacting our advisors today. If you do have a valid claim, they could connect you with a No Win No Fee solicitor from our panel. 

Types Of Construction Site Accident

Accidents can happen in many ways, especially on construction sites with a lot of workers, heavy materials and sizeable machines and equipment. Some examples of possible accidents include: 

  • Falls from a height – This could happen if, for example, the employer did not install railings. You could experience a broken elbow or other broken bone at work as a result. 
  • Falling objects – Items transported overhead could fall if, for example, they were not properly secured. This could cause a head injury.
  • Slips, trips and fallsObstructed walkways and spills that are not promptly cleaned may result in falls and trips. As a result, you might sustain a leg injury
  • Operating heavy machinery Improper maintenance of construction vehicles or improper training of vehicle drivers may lead to crashes or collisions. The accidents that result could lead to crush injuries

For more examples of how you could claim for workplace accidents such as scaffolding injuries, contact our advisors today. 

Construction And Building Site Health And Safety

All employers owe their employees a duty of care. This means that they must provide a safe workplace environment by taking all reasonably practicable steps to reduce risks that may cause you harm. Failure to do so could cause an injury that leads to a construction site accident claim. 

Furthermore, according to the Health and Safety Executive (HSE), The Construction (Design and Management) Regulations, 2015 (CDM) were established to improve the health and safety specifically in the construction industry by helping employers and employees to: 

  • Reasonably plan work to mitigate risks 
  • Coordinate and cooperate when working with others
  • Communicate the risks effectively with those who need to know 
  • Engage and consult with workers about how risks are being managed

The steps an employer must take include:

  • Providing and maintaining work systems
  • Ensuring good housekeeping
  • Providing Personal Protective Equipment (PPE)
  • Providing sufficient training and supervision
  • Carrying out risk assessments

For any more information on an employer’s responsibility following a workplace accident contact our advisors today. They could advise you if you have a valid construction site accident claim. 

Construction Site Safety Statistics

According to the HSE, under The Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 (RIDDOR) 51,211 non-fatal employee injuries were reported by employers in 2020/21 with 102,000 taking over 7 days of absence from work. 

For the construction industry, the rate of self-reported non-fatal injuries was notably higher than the 1,680 injuries per 100,000 worker industry average. 

The graph below illustrates the number of non-fatal injuries in construction since 2016/17.

Construction site accident claim statistics graph

Stages Of Making A Construction Site Accident Claim

To make a construction site accident claim for compensation following an injury caused by employer negligence, you must collect evidence to prove that they have breached their duty of care and that you were injured as a result. Some examples of evidence can include:

  • Medical records – Seek medical attention to ensure that you receive the treatment you need. Any medical documents created by a medical professional can strengthen your claim. As part of your claim, you might also be invited to an independent medical assessment so that your claim can be valued. 
  • Accident at work book report – All workplaces with 10 or more employees are legally required to have an accident book. Completing the book will help create a record of the accident.
  • Picture of the injury and accident site – Take a photograph of the injury and the accident site to support your claim. 
  • CCTV footage – You can request CCTV footage from your employer. 
  • Witness details –  Note witness details so that a legal professional can collect their statements at a later date.

Mediation And Arbitration

Not all claims go to court. Alternative dispute resolution (ADR) can be used to settle some claims. This can include:

  • Mediation – A voluntary process by which a third party will facilitate a resolution. 
  • Arbitration – A process by which a third party arbitrator is invited to make a decision, which is then legally binding. 

ADR is beneficial as it allows claims to be settled before reaching court, which can be a long and expensive process.

For free legal advice on what evidence to collect or the steps that are involved in a claim, contact our advisors today. 

Calculating Damages For A Construction Site Accident Claim

Compensation for a construction site accident claim can consist of general and special damages. General damages cover the pain and suffering sustained by your injury.

The Judicial College Guidelines (JCG) outline guideline compensation brackets for various injuries at different levels of severity. The following table illustrates some of these brackets:

InjuryCompensationNotes
Total Loss of Hearing in One Ear (c)£29,380 to £42,730Problems such as dizziness, headaches and tinnitus.
Severe Tinnitus and Noise Induced Hearing Loss£27,890 to £42,730Severe tinnitus and NIHL.
Chest Injury (e)£5,000 to £11,820Toxic fume/smoke inhalation, lasting damage, temporary interference with lung function.
Asbestos (d)£14,140 to £36,060Asbestosis and pleural thickening - respiratory impairment levels at 1 - 10%. Influenced by final or provisional prognosis and anxiety.
Asthma (c)£18,020 to £24,680Wheezing and bronchitis, affecting work or social life, likely substantial recovery within a few years of initial exposure.
Moderate Neck Injury (ii)£12,900 to £23,460Soft tissue or wrenching injury. Seever disc lesion leading to cervical spondylosis, serious movement limitation, permanent recurring pain, discomfort or stiffness. Possible future surgery needed, or increased future vulnerability. Accelerating or exacerbating a pre-existing condition.
Minor Back Injury (i)£7,410 to £11,730Full recovery to mostly recovered in two to five years without surgery. Acceleration and exacerbation of previous injuries.
Most Serious Vibration White Finger (VWF)/Hand-Arm Vibration Syndrome (HAVS)£29,690 to £36,060Bilateral symptoms that persist in a younger person interfering significantly with daily life and employment change.
Minor VWF/HAVS£2,810 to £8,110Symptoms occasionally appear in some fingers modestly affecting leisure or work.
Minor Brain or Head Injury£2,070 to £11,980Minimal brain damage, if any at all. Compensation awarded is affected by initial injury severity, recovery period, the extent of residual symptoms, absence or presence of headaches.

In addition, you may be eligible for special damages in your construction site claim. This head of your claim covers any financial costs incurred as a result of your injury, including:

  • Loss of income and future earnings
  • Travel to and from medical appointments 
  • Medical procedures sought outside the NHS

For more information on compensation for construction site accident claims, contact our advisors now. 

Talk To Us About Your No Win No Fee Claim

To start your construction site accident claim, you may find that hiring a No Win No Fee lawyer may make the legal process feel easier. The support and guidance of a solicitor with years of experience can ensure that your claim covers all potential damages. 

A No Win No Fee agreement requires no upfront cost and if your claim fails then you won’t pay your lawyer’. If your claim succeeds, your lawyer will take a small percentage of your compensation; this success fee is legally capped. This means you’re always entitled to the majority of the settlement you receive.  

To make a claim today contact our advisors and they will assess your claim and determine whether to pass it on to our panel of No Win No Fee lawyers. Contact our advisors by:

  • Call us on 020 3870 4868
  • Claim online  by filling out our online form
  • Use the live chat feature at the bottom of the screen

References

Please see our other articles:

What Are My Rights After An Accident At Work In The UK?

Time Limits To Claim After An Accident

Can You Sue Your Employer While Still Working For Them?

Please see below other helpful links:

NHS – How do I know if I’ve broken a bone?

HSE – Accidents and Investigations

Statutory Sick Pay (SSP) 

To get free legal advice on construction site accident claims, talk to our advisors today.  

Writer KT

Checked by NC