This guide provides an example construction accident case study to help you if you are considering a personal injury claim after an accident at work. This case study shows how accident at work compensation can be calculated.
We provide an explanation of the duty of care that all employers owe to their employees and discuss the eligibility criteria that must be met to claim. Evidence is a key part of the personal injury claim process, so with that in mind, we have a section looking at specific types of evidence you could collect in order to support your claim. If your construction site accident claim is successful, you will be awarded a settlement therefore, we explore the types of compensation that can apply to your case.
In addition to this, we explain how the solicitors on our panel could help eligible claimants start their claim for personal injury compensation under a type of No Win No Fee contract. This often removes the need for any upfront solicitor fees and could help you get your construction site accident claim started today. To see if you are eligible and to receive your free consultation, simply:
- Call our team 7 days a week, 24 hours a day on 0161 696 9685
- Connect online using the ‘contact us‘ option
- Or start a conversation through the ‘live support’ option at the bottom right of this page.
Jump To A Section
- Construction Accident Case Study: £1.5 Million Compensation Payout
- When Are You Able To Make Construction Injury Claims?
- Construction Claims – Examples Of Evidence That Could Help You Claim
- Potential Construction Accident Compensation Amounts
- Why Use No Win No Fee Solicitors To Make A Construction Accident Claim?
- Read More About Construction Site Accident Claims
Mr. Richards worked as a carpenter for a large construction company and one day walked across an unfinished floor surface that was not marked off. He fell three storeys onto building materials below. He suffered severe and life-altering multiple injuries from his fall, including permanent brain damage.
As a young father of three, his family were completely devastated and decided to seek legal guidance. Working with a personal injury solicitor, the family were able to assemble proof that health and safety standards on the construction site were in breach of the law and they received an out-of-court settlement of £1.5 million. The figures included £500,000 in general damages, which accounted for the brain injury and several fractures to his arms and legs. Special damages made up the one million pounds to cover loss of earnings, care costs, home adaptations and medical fees.
This is a figurative construction accident case study to illustrate how general damages and special damages make up an overall settlement.
On a construction site, there may be many other different companies working alongside your own, there could also be a site manager and contractor. Different entities on a construction site will owe those working there a duty of care. However, for this guide, we are concentrating on the duty of care owed by employers. This does not mean that you cannot claim should your accident be the fault of one of those entities.
The foundation of a valid personal injury claim against your employer needs to demonstrate the following:
- The employer owed you a duty of care as described in The Health and Safety At Work etc Act 1974 (HASAWA).
- They breached that duty through action or inaction.
- You have sufficient evidence that this caused or contributed to your suffering harm. These three points define negligence in tort law and all three must apply to have a claim.
As well as proving that a duty of care was breached, there is a general time limit of three years for starting personal injury claims. Outlined in the Limitation Act 1980, this time limit can start from the date of the accident however, there are exceptions.
Employers need to take steps considered reasonable to ensure employees are protected from harm as they work to fulfil their duty of care. However, there is also other legislation that applies:
- The Construction (Design and Management) Regulations 2015 outlines employer responsibilities on construction sites.
- The Manual Handling Operations Regulations 1992 provides rules for employers when employees are expected to carry out such tasks.
- And, the Personal Protective Equipment At Work Regulations 1992 PPE states that employers must supply PPE if it is necessary for an employee to do their job safely.
If you feel that your injuries were sustained due to missing or deficient health and safety standards on the construction site, speak to our team. They can run through a brief case check (with no obligation) and asses the merit of your claim in one free phone call.
Below we list some of the tips and actions that could help support your claim:
- Collect a copy of the accident book report.
- If the severity warranted it, obtain a copy of the accident report made via the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 (RIDDOR), which is the legally required way to report certain types of serious injuries at work.
- Request CCTV footage of the accident.
- Keep a diary of key treatments and your mental state after the accident.
- Get copies of medical notes such as X-rays, scans and reports from any specialists needed.
- Take photos of the injuries and the cause of the accident.
- Collect witness contact details so that a statement can be taken from them at a later date.
Again, it is important to stress that a valid claim needs to show that someone who owed you a duty of care breached it and that this caused your injuries, in full or in part. Speak to the team for guidance on the number above.
As our example construction accident case study shows, successful personal injury claims can see a settlement awarded that consists of up to two heads of loss. General damages refer to the amount made in recognition of the pain, suffering and loss of quality of life caused by the injury. This can be physical harm, psychological injury or both.
To apply a value to general damages, reference is made to medical evidence and it may be necessary to attend an assessment as part of the claims process. Also, publications like the Judicial College Guidelines (JCG) are used to calculate a value. This is a compendium of guideline award brackets for injuries. They are guidelines only and we provide an example excerpt below:
|Guideline Compensation Brackets
|Multiple Serious Injuries With Financial Loss and Expense
|This reflects harm to multiple areas of the body and the resulting financial costs and losses from lost income and care costs
|Up to £1 million and above.
|(a) Very Severe
|Little meaningful response to environment, double incontinence and the need for full-time nursing care
|£282,010 – £403,990
|(c) Moderate (i)
|Cases of intellectual deficit and personality changes as well as impact on senses and no likely prospect of employability.
|£150,110 – £219,070
|(a) Severe (i)
|Injuries associated with partial paraplegia or where no movement remains despite wearing a collar 24 hours a day.
|In the region of £148,330
|Cases where one lung and serious heart damage has occurred leaving pain and scarring.
|£100,670 to £150,110
|(a) Severe Injuries
|Injuries which are just short of amputation and a reduced capacity to a similar level as that of limb loss.
|£96,160 to £130,930
|(a) Severe (i)
|Pelvic fractures that dislocate the lower back and rupture the bladder causing intolerable pain and demanding spinal surgery.
|£78,400 to £130,930
|(b) Severe (ii)
|Very serious injuries that create permanent mobility problems and require the person to use walking aids for the rest of their lives.
|£54,830 – £87,890
|(c) Less Serious (ii)
|Cases of serious soft tissue injuries and incomplete fractures that require prolonged treatment.
|£17,960 – £27,760
Please note – the first amount listed does not come from the Judicial College Guidelines.
Claiming Financial Losses After An Accident On A Construction Site
Included in our construction accident case study is a second head of loss called special damages. This aims to compensate you for the financial loss and expense incurred because of the injuries. For example:
- Medical bills.
- Loss of earnings – either current or future.
- Travel costs.
- Costs to change or modify your home and vehicle.
- Domestic care costs.
You will be required to prove these losses, so it is important to keep hold of all receipts, bills and wage slips. You may have other expenses that can be included in your claim, so if in doubt, keep all paperwork.
If you would like to learn more about general and special damages, call the number at the top of the page. Speak to our advisors to see what other expenses could be eligible. Or you can use our personal injury claims compensation calculator.
If you decide to work with a solicitor on your claim, the ones on our panel can take up eligible claims under a version of the No Win No Fee contract. They may provide a Conditional Fee Agreement (CFA) which typically means that no fees need to be paid for your solicitor’s work at the following stages of the claim:
- During the claims process.
- Should the claim fail.
A successful claim outcome means that you need to pay a small (and legally restricted) percentage of your compensation to the solicitor as their success fee.
It’s important to note that although our construction accident case study included a solicitor, it is not a legal requirement to use the services of one to start a claim. However working with one could make the process much simpler. In addition to providing excellent legal advice, they can give your claim the time and attention it deserves while you concentrate on getting well. To see if you can start a claim today, why not begin by:
- Calling us on 0161 696 9685
- Using the ‘contact us‘ option.
- Or accessing free guidance through our ‘live support’ option below.
As well as this construction accident case study article, we offer further reading on this topic:
- Find out how much your warehouse accident claim could be worth.
- Details about claiming for injuries after a scaffolding accident at work.
- Frequently asked questions on construction site accident claims.
- Find out more about making a claim for a fall from a scaffolding here.
These external resources below offer more: