In this guide, we’ll explore everything you need to know about making construction accident claims. Construction can be a dangerous industry, with the Health and Safety Executive (HSE) listing it as the industry with the second-most non-fatal injuries self-reported from the Labour Force Survey within the last twelve months.
In industries like construction, accidents can happen. But what do you when you get hurt because your employer failed to keep you safe?
Key Takeaways In Construction Accident Claims
- Construction sites are hazardous and are subject to extra health and safety legislation
- You can claim if your injuries were the fault of your employer
- A No Win No Fee agreement can help you fund the work of a solicitor
- You have three years to start your claim
- Our solicitors are experts in accident at work claims and could help you through your claim
Keep reading to learn more, or get in touch with our team to speak to one of our advisors by:
- Calling us on 0800 073 8801
- Contacting us online
- Using the live chat feature
Jump To A Section
- Construction Site And Building Site Accident Claims
- Who Is Responsible For Making Construction Sites Safe?
- How Long After An Accident Can I Make A Compensation Claim?
- Common Kinds Of Construction Site Accidents
- How Is Compensation In Construction Accident Claims Calculated?
- How Much Compensation Could I Receive?
- No Win No Fee Construction Accident Claims
- More Information
Construction Site And Building Site Accident Claims
Construction sites are hazardous places, but that doesn’t mean that injuries should be commonplace. Like all workplaces, you are owed a duty of care while you’re working, as per the Health and Safety at Work etc. Act 1974 (HASAWA).
Under this legislation, your employer owes you a duty of care, as do any other responsible persons on the site. We’ll talk a bit more about who is responsible for making construction sites safe later on in this guide.
Whoever owes you a duty of care, be it your employer, the site manager, or someone else, needs to make sure that they take all reasonably practicable steps to keep you safe. If you’re injured because they failed to do this, this is called negligence. Establishing that negligence has occurred is the first step in making an accident at work claim.
Can I Claim If I Am Self-Employed Or On A Zero-Hours Contract?
Many workers on construction sites are self-employed, work cash-in-hand, or work under zero-hour contracts. In all of these cases, if you can prove that negligence occurred, you could make an accident at work claim.
Keep reading for more information on construction site accident claims. Or, talk to a member of our team today to get started.
Who Is Responsible For Making Construction Sites Safe?
We mentioned earlier in this guide that there are a few different people on a construction site who could owe you a duty of care. First and foremost, your employer owes you a duty of care. However, these responsibilities are split between other parties thanks to the Construction (Design and Management) Regulations 2015 (CDM 2015).
For example:
• Commercial clients who have construction work carried out as part of their business.
• Domestic clients usually have work done on their own home or the home of a family member.
• Designer – An organisation or individual whose work involves preparing designs.
• Principal contractor – A contractor appointed by the client to manage the construction phase.
• Contractor – An individual or business in charge of carrying out construction work.
• Worker – An individual who actually carries out the work involved in construction.
Contact our team today to find out when you could be eligible to make construction site claims, or keep reading to learn more.
How Long After An Accident Can I Make A Compensation Claim?
The Limitation Act 1980 sets out how long you have to start your claim. Generally, the time limit for starting accident at work claims is three years from the date of the accident. You don’t need to finish or resolve your claim in this time, you just need to start it.
I Was Injured While Under The Age Of Eighteen, Can I Still Claim?
School leavers aged 16 and 17 often work on construction sites as apprentices or to get work experience, and they have the same right to compensation as their colleagues. However, minors under the age of eighteen can’t claim for themselves. Instead, a litigation friend can apply to handle the claim on their behalf.
Our team can tell you whether or not you are within the time limit to claim when you get in touch.
Common Kinds Of Construction Site Accidents
Construction sites can happen in a lot of ways. Statistics published by the HSE from reports made under RIDDOR (The Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013) can give us an idea of the most common kinds of construction site accidents.
According to these statistics, the most common non-fatal injuries reported in the construction industry in 2023/24 were slips, trips, and falls on the same level. 972 non-fatal injuries were reported under RIDDOR in this category, which means they were serious enough to be considered a reportable injury. Slips and falls can happen if leads and wires are left trailing along walkways.
The second most common construction site accident from this report is falls from height, with 807 non-fatal accident reports made under RIDDOR. The Work at Height Regulations 2005 were put into place to help prevent fatal and non-fatal accidents and require employers and those controlling work taking place at height to make sure everything is properly planned, with risk assessments carried out and adequate personal protective equipment provided.
Other common accidents reported under RIDDOR include:
- 742 reported manual handling injuries
- 481 reported injuries caused by workers being struck by falling, moving, or flying objects
- 102 reported workers being struck by a moving vehicle
- 25 reported electric shock injuries
It’s important to remember that while these injuries did occur in the workplace, not all of them will have been caused by the negligent actions of an employer or responsible person. Contact our team today to find out more about construction site accident claims.
How Is Compensation In Construction Accident Claims Calculated?
Compensation in construction accident claims is calculated on a case-by-case basis. When your case is calculated, different factors will be considered during settlement negotiations, including:
- How severe your injuries are
- The financial losses your injuries caused you
- How your injuries have affected your quality of life
- The current brackets listed in the Judicial College Guideline (JCG)
Keep reading to learn about the different types of compensation you could receive in an accident at work claim, or talk to one of our advisors today to get started.
How Much Compensation Could I Receive?
General damages cover the pain and suffering you go through because of your injuries. The JCG lists common injuries and illnesses, all ranging in severity, each with guideline compensation brackets.
You can take a look at some of these brackets in the table below. Please note that these are only guidelines, and the first entry isn’t from the JCG. General damages form only a portion of your potential award; we’ll discuss special damages in the following section.
| Injury | Compensation | Notes |
|---|---|---|
| Multiple Severe Injuries And Financial Losses | Up to £1,000,000+ | The combined effects of multiple severe injuries and special damages, which can range from lost earnings to private healthcare and mobility aids. |
| Very Severe Brain Damage | £344,150 to £493,000 | There is double incontinence, little to no language function remaining, and a need for full-time nursing care. |
| Moderate Brain Damage (iii) | £52,550 to £110,720 | The ability to work has been reduced, and there are other symptoms including fatigue, memory issues, and problems concentrating. Epilepsy may also be a risk in this category. |
| Severe Back Injuries (i) | £111,150 to £196,450 | The most severe injuries fall in this category, such as injuries to the spinal cord or nerve roots. This will cause severe disability and pain, with incomplete paralysis. |
| Moderate Back Injuries (ii) | £15,260 to £33,880 | Many common injuries fall under this category, including muscle and soft-tissue damage, and injuries that exacerbate pre-existing conditions. |
| Severe (i) Neck Injuries | In the region of £181,020 | Even though the claimant wears a collar for 24 hours a day for several years, there is little to no movement, and symptoms like headaches remaining. |
| Chest Injuries (a) | £122,850 to £183,190 | Injuries in this category will result in prolonged pain and suffering, permanent scars, serious damage to the heart and removal of one lung. |
| Hernia (a) | £18,180 to £29,490 | Even after repair, it still causes limitations on daily life and employment with continuing pain. |
| Severe Leg Injuries - Moderate | £33,880 to £47,840 | Injuries in this bracket might include severe crush injuries to the leg, instances of multiple fractures, or injuries that increase the risk of future surgeries or damage. |
| Simple Fractures of the Forearm | £8,060 to £23,430 | Simple forearm fractures. |
Special Damages In Accident At Work Claims
You might find that your injuries have consequences that reach beyond your physical and mental health. Often, those who suffer from an injury at work also suffer financially, with out-of-pocket expenses piling up. For example, taking time off work to recover from your injuries can result in lost earnings, and the cost of travelling to and from hospital appointments can add up.
This is where special damages can help. This head of claim covers the financial losses your injuries cause and allows you to recoup the cost of things you wouldn’t have had to pay for if the injuries hadn’t occurred, like the cost of:
- Home adjustments
- Mobility aids
- Counselling and therapy
- Physio
- Private medical treatment to avoid NHS waiting lists
- Prescriptions
- Childcare
Our team can tell you more about special damages and what you could claim for when you contact us today.
No Win No Fee Construction Accident Claims
A common misconception about seeking legal help is that it’s very expensive. While this can sometimes be the case, there are a lot of different ways that you can fund the services of a solicitor, and they don’t all include hourly retention bills.
For example, our specialist solicitors all work under the terms of a Conditional Fee Agreement (CFA). A CFA is a kind of No Win No Fee agreement, and this essentially allows you to access their expert services without paying any fees unless you win.
This includes upfront or ongoing fees, and you don’t pay them at all if your claim fails. If you win then your solicitor will take a success fee, which is a small percentage of your compensation. Still, this percentage is capped by law, allowing you to keep the larger share of what you receive.
Why Should You Work With Accident Claims?
So, why work with Accident Claims? To start with, we’ve already recovered over £80 million worth of compensation for our clients. Our specialist No Win No Fee solicitors have decades and decades of combined experience in helping people secure the payout they deserve, and they can use this experience to help you.
When you work with Accident Claims, we are here for you every step of the way. From the first free consultation with one of our advisors to working with one of our specialist rehabilitation partners to aid in your recovery, we are here to help.
To start your free consultation and find out if you could work with one of our accident at work solicitors, get in touch today:
- Calling us on 0800 073 8801
- Contacting us online
- Using the live chat feature
More Information
For more helpful accident at work claims guides:
- Learn how to claim compensation if you fell down the stairs at work
- Find out how to claim if you were injured by unloading a van or lorry
- Get information on claiming for injuries caused by defective machinery
Or to get further resources:
- Learn more about health and safety at work from the HSE
- More information from the HSE on the construction industry
- Find out if you could be eligible for Statutory Sick Pay (SSP) from GOV.UK
Thank you for reading our guide on how to make construction accident claims.
