In this guide, you can learn about filing a construction site accident claim after you suffer an injury in the workplace due to your employer’s negligence.
We discuss the duty of care your employer owes you and the legislation that governs this. In addition, we will explore examples of construction site accidents and how they could be the result of your employer breaching the duty of care they owe you.
Furthermore, this guide will provide information on the steps you can take to build a strong claim, including gathering evidence that supports your case.
We understand the process of claiming can seem overwhelming so you may benefit from hiring a solicitor to represent your claim. This guide will explain how hiring a solicitor on a No Win No Fee basis could help.
To speak to us today:
- Use the live chat feature below.
- Call the number at the top of the page.
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Choose A Section
- Can I Make A Construction Site Accident Claim?
- Examples Of Accidents On Construction Sites
- Evidence Needed To Prove A Construction Accident
- How Much Is My Construction Site Accident Claim Worth?
- Can I Use A No Win No Fee Lawyer?
- Guidance About A Construction Site Accident Claim
Can I Make A Construction Site Accident Claim?
The Health and Safety at Work etc. Act 1974 (HASAWA) sets out an employer’s duty of care to their employees.
This means that your employer must take reasonably practical steps to reduce or remove risks in the workplace. The steps your employer must take will vary depending on the workplace but it could include carrying out regular risk assessments to highlight and address any hazards.
If they fail to take reasonably practical steps and you are injured as a result you might be able to file a construction site accident claim. You could seek legal advice from experienced accident at work lawyers to help you understand the steps you can take when making a claim.
Construction Site Accident At Work Statistics
Employers reported a total of 51,211 injuries under the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 (RIDDOR) in 2020/21.
It was also reported that 3,464 non-fatal injuries occurred in the construction industry.
It’s important to note that not all of these incidents involved employer negligence. However, the figures do give an insight into the frequency with which these accidents happen.
Examples Of Accidents On Construction Sites
A construction site accident could occur when your employer fails to take reasonably practical steps to reduce or remove risks in the workplace.
Examples of accidents that could occur might include:
- Fall from a height: Your employer is responsible for maintaining the safety of the equipment at work. This could mean regularly inspecting equipment for faults before use. For example, ropes and harnesses could be inspected for fraying before use. If your employer fails to do so, a frayed rope could result in someone falling from a height and suffering a severe head injury.
- Manual handling accident: Your employer should provide you with any training that is required to safely carry out your work duties. It should be provided for free. This could include health and safety training or training that ensures you can carry out your duties safely. A failure to do so could mean you strain your back in a lifting accident at work.
However, this is not an exhaustive list of ways you could sustain injuries as a result of your employer acting negligently.
To discuss your specific situation, please get in touch with our team. An advisor can help you understand whether you’re eligible to make a construction site accident claim.
Evidence Needed To Prove A Construction Accident
In order to file a construction site accident claim you must be able to prove employer negligence resulted in your injury. Steps you can take to strengthen your claim could include:
- Gathering medical evidence. Any medical records from a hospital or doctor visit could be submitted as evidence. If you decide to file a claim, you might be invited to an independent medical assessment. This will provide a current and detailed report on your injuries.
- Filling in the accident log book. Workplaces with ten or more employees should have an accident log book. Any details of your accident should be recorded in this book. You could obtain a copy of the record to use as evidence.
- Noting down witness contact details. If anyone witnessed the accident that caused your injury, you could make a note of their details. If filing a compensation claim after suffering an injury at work, they could be contacted for a statement at a later date.
- Seeking legal advice. If you have been injured at work due to employer negligence you might want to hire a solicitor to help you seek compensation. Our panel of solicitors all have experience handling cases of workplace accidents and could help you through the different stages of your claim.
For more information on the accident at work procedure when building a strong claim, call our team on the number below.
How Much Is My Construction Site Accident Claim Worth?
If you choose to file compensation, you could receive up to two heads of claim; general damages and special damages. We have provided further details on these in the sections below.
General Damages
The head of your claim that compensates for the pain and suffering of your physical injuries and any psychological harm such as emotional distress is called ‘general damages’.
To assign value to your injuries, a document titled the Judicial College Guidelines (JCG) may be referred to. It provides potential guideline compensation awards for different injuries. We have listed some of these injuries and corresponding awards in the table below.
| Injury | Guideline Compensation Bracket | Notes |
|---|---|---|
| Moderate brain damage (c) (i) | £140,870 to £205,580 | The damage might cause a personality change with moderate to severe intellectual deficit, impact on senses and significant epilepsy risk. |
| Severe psychiatric damage (a) | £51,460 to £108,620 | The person will have poor prognosis and may experience an inability to cope with life and work and experience an impact on relationships. |
| Eye injuries (f) | £22,230 to £36,960 | Cases where there has been a serious but not complete loss of vision in one eye. |
| Asbestos- Related Disease (a) | £65,710 to £118,150 | Mesothelioma that causes severe pain and impairment of life quality and function. |
| Severe back injuries (a) (iii) | £36,390 to £65,440 | Injuries might include disc lesions, fractures or soft tissue injuries resulting in chronic conditions. |
| Serious shoulder injuries (b) | £11,980 to £18,020 | Cases where there has been a dislocation and damage to the lower brachial plexus. |
| Severe pelvis and hip injuries (a) (i) | £73,580 to £122,860 | Injuries could include extensive pelvis fractures that involve a lower back joint dislocation and a ruptured bladder. |
| Severe fractures to fingers (f) | Up to £34,480 | The person might experience reduced function and disturbed sensation. They may also result in partial amputation. |
| Vibration white finger or hand-arm vibration syndrome: Serious (b) | £15,740 to £29,690 | Cases where the injury interferes with work and home life with attacks throughout the year. |
| Severe toe injuries (c) | £12,900 to £29,770 | For example, severe crush injuries that result in one or two toes being amputated. |
Please note you should only use these figures as a guide because other factors will be considered when valuing your injuries.
Medical reports, for instance, will be able to assess the injury severity and the impact the injury has had on your quality of life.
These factors will affect the amount of compensation you’re awarded following a successful construction site accident claim.
Special Damages
Costs related to your injury at work could be recovered under the special damages head of your compensation claim. In order to claim for special damages, however, you must supply evidence. For example, this could mean saving receipts or payslips.
Examples of special damages include:
- Medical costs. You could recover the costs of renting or purchasing medical aids. For example, if you sustained a broken leg and needed to rent a wheelchair that was unavailable for free on the NHS.
- Loss of earnings. If you were out of work, whether to recover from your injuries or to attend medical appointments related to your injuries, you could claim back the lost income.
- Transport costs. Bus fares, taxi fares and mileage to attend injury-related medical appointments could also be recovered.
- Property damage. Repair or replacement costs for any property damaged during the accident that caused your injury could be recovered. For example, if your phone breaks during a fall.
Contact our advisors for a free and accurate estimate of the compensation payout you might receive following a successful construction site accident claim.
Can I Use A No Win No Fee Lawyer?
If you feel overwhelmed by the process of seeking compensation, you might benefit from hiring legal representation.
We understand you may have concerns about the costs normally required to hire a solicitor. However, there are options you could consider.
For instance, a No Win No Fee solicitor won’t require upfront fees to provide their services.
For successful cases, you pay a legally capped success fee from your compensation. However, if your case fails, no success fee will be taken.
If this is something you’d like to learn more about, you can speak with our team. They can assess your claim and if they feel it has a strong chance of succeeding, could appoint a solicitor from our panel to work on your case.
Furthermore, all of the solicitors on our panel work on a No Win No Fee basis. For more information, see the section below to find out how to contact our team.
Talk To Us About Making A Construction Site Accident Claim
Free legal advice is available from our expert advisors 24 a day, seven days a week.
To get in touch:
- Use the live chat feature below.
- Call the number at the top of the page.
- Contact us using our online form.
Guidance About A Construction Site Accident Claim
We have provided a few links that you might find useful:
- Information on statutory sick pay (SSP) from the government.
- Medical guidance from the NHS.
- Guidance for construction workers from the HSE.
Please also find some of our additional guides below:
- Filing A Lawsuit Due To Employer Negligence
- Burned At Work Due To A Faulty Fire Alarm Claims
- Worker’s Rights In An Accident At Work Claim
- Claiming After Suffering A Fall From A Height At Work
- Shoulder Injury At Work Claims
- Could I Start An Industrial Accident Claim?
- Advice On Reporting An Accident At Work
- What Are The Stages Of The Accident At Work Claims Process?
- Do I Get Sick Pay After An Accident At Work?
For more information on making a construction site accident claim, use the details below to get in touch with our team.