Do you need advice on construction injury claims? Did you suffer some form of harm on a construction site because of poor or missing health and safety provisions? This article will explain the eligibility criteria for making an accident at work claim.
Our guide will start by looking at employer negligence and who is eligible to launch a personal injury compensation claim after a construction site injury. By exploring some of the causes of construction site injuries, we then examine the evidence you can use to support your claim. Also, in the following sections, we include an example of what levels of compensation can apply if your claim is a success.
A Guide To Construction Injury Claims
We conclude our article with an explanation of how a No Win No Fee personal injury solicitor on our panel could take up your construction injury claim and possibly guide it towards the maximum compensation. To find out more right now, we invite you to speak to our friendly advisors by:
- Calling 24 hours a day, 7 days a week on 0161 696 9685
- Choosing to contact us online to start a claim.
- Or by asking us anything through the live chat feature below for an immediate reply.
Choose A Section
- Who Is Responsible For Construction Site Accidents?
- What Are The Main Causes Of Accidents On Construction And Building Sites?
- What Do You Have To Prove In A Construction Accident Claim?
- Construction Injury Claims – How Much Compensation Are You Entitled To After An Accident?
- Make Construction Accident Compensation Claims Using A No Win No Fee Solicitor
- Learn More About Claiming For Construction Industry Accidents
Who Is Responsible For Construction Site Accidents?
Construction injury claims for compensation can apply if you are able to show that your injury was caused because of employer negligence. It is important to note that there will generally be a contractor or sub-contractors on building sites, so there could be another party who is liable for the injury. For this article, we are concentrating on employer negligence.
There are different types of health and safety legislation that applies to different industries in order to ensure that employees are kept safe. The leading piece of health and safety law, The Health and Safety At Work etc Act 1974, applies the duty of care on all employers to take reasonably practicable steps in keeping their workforce free of harm.
Other pieces of legislation that will apply in the construction industry:
- The Personal Protective Equipment At Work Regulations 1992
- The Manual Handling Operations Regulations 1992
- The Construction (Design and Management) Regulations 2015
In addition to this, the Health and Safety Executive (HSE), the regulator for British workplaces, provides health and safety in the construction industry guidance for employers.
That said, to be able to make a personal injury claim following an accident at work, you need to show that you were:
- Owed a duty of care
- That this duty of care was breached, resulting in an accident, and
- That the accident caused or contributed to your injuries?
These criteria set the foundation for making construction injury claims.
What Are The Main Causes Of Accidents On Construction And Building Sites?
Construction sites can present an array of potential risks and hazards without the correct safety procedures in place. Below are just some general examples of accidents and injuries that could form the basis of an eligible claim:
- Falling from a height because of unsafe scaffolding, work platforms or sudden heights that are not indicated. This can cause serious back, head and spinal injury.
- Lack of (or incorrect) personal protective equipment (PPE) like safety helmets could permit head injury from falling debris.
- Electric shock from exposed or unmarked electricity cables has the potential to burn or cause a fatality.
- Collision with badly operated or malfunctioning vehicles may result in soft tissue injuries or fractures.
- Malfunctioning on-site tools can create cuts, tears and bruising.
- Unnecessary obstacles on-site may mean that tripping over a loose wire causes you to fall.
Whatever the precise nature of your accident at work compensation claim, our team can offer instant guidance on your options. They can explain the duty of care in detail and any other guidance you require about your rights after an accident at work.
What Do You Have To Prove In A Construction Accident Claim?
Constructing an effective claim for personal injury after construction site negligence left you harmed relies heavily on evidence. With this in mind, the following tips and actions can help:
- Ensure the accident is reported to onsite management and log it in the accident book
- Take photos of the scene or, if possible, obtain CCTV footage.
- Ask witnesses for contact details.
- Access your medical notes or get a copy of your A&E admission notes.
- Consider seeking professional legal advice.
Whilst anyone is free to represent themselves in their construction site personal injury claim, having a legal representative do it can bring many benefits such as evidence collecting, assessing and valuing the claim and ensuring the claim is initiated on time.
Call our advisors today for free advice on your construction injury claim.
Construction Injury Claims – How Much Compensation Are You Entitled To After An Accident?
There are two types of damages that comprise compensation in successful construction injury claims. General damages aim to compensate you for the pain, suffering and long-term health impacts caused by your injuries.
It may be necessary to have a medical assessment of your injuries to provide a supporting report which we can help you arrange. A complete snapshot of your injuries can be compared with those listed in a publication called the Judicial College Guidelines, which is used by legal professionals to value claims.
The amounts listed are not guaranteed award amounts, and each case is valued according to individual circumstances, the excerpt below gives guidance only.
Award Bracket Guideline Examples
| Area of Harm | Severity | Award Bracket Guidelines | Notes |
|---|---|---|---|
| Head | (b) Moderately Severe | £219,070 to £282,010 | Permanent and substantial dependence on others because of limb paralysis, or cognitive impairment. |
| Neck | (a) Severe (i) | In the region of £148,330 | Neck injuries that create a level of paralysis despite a collar being worn 24/7. |
| Hand | (a) Total or Effective Loss of Both Hands | £140,660 to £201,490 | Serious injuries that cause extensive damage to both hands, leaving them virtually useless. |
| Arm | (a) Severe Injuries | £96,160 to £130,930 | Not quite as severe as amputation, but serious enough to leave the person in a similar state of disability. |
| Pelvis | (a) Severe (ii) | £61,910 to £78,400 | Fracture dislocations impacting both the ischial and pubic rami areas and causing bone problems. |
| Knee | (a) Severe (ii) | £52,120 to £69,730 | Leg fractures that reach into the knee joint creating constant pain and instability. |
| Spine/Back | (a) Severe (iii) | £38,780 to £69,730 | Cases where disc lesions or fractures to vertebrae or soft tissue create pain and chronic back conditions that may involve surgery. |
| Elbow | (b) Less Severe Injuries | £15,650 to £32,010 | Injuries causing impaired function but which may not necessitate major surgery or leave a level of significant disability. |
| Shoulder | (b) Serious | £12,770 to £19,200 | Dislocation to the shoulder that involves nerve damage causing sensory problems and weak grip as well as permanently restricted movement and pain. |
| Wrist | (c) Wrist Injuries - Less Severe | £12,590 to £24,500 | Injuries of a lesser severity where a degree of permanent disability persists. |
Special Damages
As well as amounts that reflect the physical harm, the financial impact of your injuries can be included. Special damages aim to compensate you for losses such as:
- Loss of earnings
- Costs of medical procedures not freely available on the NHS.
- Costs for domestic help at home from family, friends, or paid carers.
- The costs for essential modifications to your home or car.
- Travel costs to hospital or work (petrol and parking, for example).
It’s important to present paperwork that actually shows these costs and expenses. Please feel free to speak to our advisors to learn what other expenses could be eligible for inclusion in your claim.
Make Construction Accident Compensation Claims Using A No Win No Fee Solicitor
If you are interested in discovering how a personal injury solicitor could assist with construction injury claims, we can help. Our advisors can offer an assessment of eligibility in one phone call. If it transpires that you have a valid and strong claim, they could direct you to a member of our panel of personal injury solicitors who are experts at handling claims like these.
They are able to offer a type of No Win No Fee agreement. Often they provide a version called a Conditional Fee Agreement (CFA) which offers the following advantages to you:
- No fees are required to hire the solicitor.
- No fees are needed as the claim moves forward.
- Nothing is owed to the solicitors for completed work should the case fail.
Under a CFA, only a legally capped percentage is taken from the compensation if the claim is a success. This acts as a success fee for the solicitors but always ensures that you receive the majority of your payout.
Our advisors are on hand right now to discuss any of the points raised about construction injury claims. You can access guidance and information quickly and easily. Simply:
- Call on 0161 696 9685
- In addition to this, you can use the ‘contact us‘ option for an immediate response.
- Also, you can access free guidance through our ‘live support’ option below.
Learn More About Claiming For Construction Industry Accidents
In conclusion, thank you for reading this guide on construction injury claims. You can read more articles at Advice below:
- Do all personal injury claims need to go all the way to court?
- Also, you can use our personal injury claims compensation calculator
- What payouts could apply for a fatal injury?
These external resources provide more help:
- Information about Statutory Sick Pay (SSP)
- Advice on preventing slips and trips at work
- Lastly, some construction industry statistics.