Could I Claim For A Trip And Fall In A Construction Accident?

Construction sites can present a number of risks to the workers. The Health and Safety Executive (HSE), Britain’s independent regulator for workplace health and safety, published the industry statistics for 2022/23. The construction sector had the second highest self-reporting of non-fatal injuries at 2,640 per 100,000 workers. Our guide looks at who might be eligible to claim for a trip and fall accident in construction.

We explain the duty of care owed by an employer to their employees and how the employer’s failure to satisfy their legal obligations can lead to an accident at work where employees sustain injuries, including some hypothetical scenarios to illustrate this. However, as a construction site is very busy with potentially lots of different building companies all working alongside each other, you may have been injured in an accident caused by another company’s negligent actions and not your employers. 

You will also find an explanation of how compensation is calculated in personal injury claims under the two relevant heads of loss. The final section of this guide is concerned with the No Win No Fee agreement offered by our panel of expert personal injury solicitors and how you can benefit greatly when starting a potential claim under such a contract.

For answers to your questions, advice and a free consultation regarding your eligibility to start a claim, get in touch with our advisory team via:

A construction worker on ground having suffered a serious fall injury due to a faulty ladder

Browse This Guide

  1. How Much Compensation Could I Claim For A Trip And Fall In A Construction Accident?
  2. Eligibility Criteria When Making A Trip And Fall Claim
  3. What Construction Accidents Could Lead To A Trip And Fall Claim?
  4. How Do I Claim For A Trip And Fall In A Construction Accident?
  5. Make A No Win No Fee Construction Accident Compensation Claim
  6. Read More About Claiming For Slip Trip And Fall Accidents

How Much Compensation Could I Claim For A Trip And Fall In A Construction Accident? 

Compensation in a claim for a trip and fall in a construction accident can be awarded under up to two different heads of loss. These are:

  • General damages, which awards for the physical as well as psychological harm caused by the accident.
  • Special damages, which awards for associated monetary losses. This head of loss is examined in greater detail below.

The legal team tasked with calculating a possible value of general damages in your claim can make reference to your independent medical assessment in correspondence with the guidelines from the Judicial College. Referred to as the JCG, this publication details a broad spectrum of injuries, with guideline compensation brackets for each. We have taken a relevant selection of these brackets for use in the compensation table below.

Compensation Table

We would like to stress that the top entry is not a JCG figure and that this table has been included as a guide only.

Type of HarmSeverityGuidelines Compensation AmountNotes
Multiple Severe Injuries with special damages including lost income, medical costs and care expenses.Very SevereUp to £1,000,000+Cases involving multiple severe injuries in addition to special damages such as lost earnings, medical costs and care expenses.
ParalysisParaplegia (b)£219,070 to £284,260Paralysis of the lower extremities, paraplegia awards depend on the level of pain, the degree of independence, any psychological problems and the age of the claimant.
Injury Resulting from Brain DamageVery Severe£282,010 to £403,990This bracket will include cases involving 'locked in' syndrome with substantially restricted life expectancy.
EpilepsyEstablished Grand Mal (a)£102,000 to £150,110Awards for epilepsy are dependent on the impacts on work and social life, the success of medication and any associated behavioural problems.
Leg InjuriesSevere (b)(i)£96,250 to £135,920Injuries which are severe enough to be treated similarly to amputations such as gross shortenings or fractures necessitating extensive bone grafts.
Chest InjuriesTraumatic Injury (b)£65,740 to £100,670A permanently damaging traumatic injury to the chest, lung(s), and/or heart resulting in reduced life expectancy, functional impairment and physical disability.
Injuries to the Pelvis and HipsSevere (a)(ii)£61,910 to £78,400A severe injury with distinguishing feature such as a fracture dislocation involving both ischial and public rami.
Arm InjuriesPermanent and Substantial Disablement (b)£39,170 to £59,860Injuries involving serious fractures where there is a significant permanent disability, either functional or cosmetic.
Hand Injuries Serious Hand Injuries (e)£29,000 to £61,910Cases involving several fingers having been amputated but rejoined to the hand.
Neck InjuriesModerate (b)(i)£24,990 to £38,490Injuries such as fractures or dislocations which cause severe immediate symptoms.

Special Damages

Special damages is the second of the two heads of loss that could comprise a compensation award following a successful claim. Under special damages, you could receive reimbursement for financial losses that occurred as a result of your injuries.

We have provided a list of possible costs that could be compensated for here:

  • Lost earnings from time taken off work to recover from your injuries.
  • Medical expenses, such as the cost of prescription medication, therapy sessions or other out-of-pocket expenses.
  • Transport to and from your place of work if you have been advised not to drive.
  • Domestic care and support such as with cleaning, food preparation or other domestic tasks if you are unable to carry out these by yourself safely. 
  • Home modifications, in cases where the injured person has lost mobility, such as access ramps or stairlifts. 

calculator with the words compensation.

You can get a more in-depth estimate of the value of your potential personal injury compensation claim by speaking to our advisors. Our team are on hand 24 hours a day to provide further guidance on fall compensation amounts, as well as assessing your eligibility to claim.  You can speak to a team member using the contact information provided above. 

Eligibility Criteria When Making A Trip And Fall Claim

An employer has a duty of care to all employees under the Health and Safety at Work etc. Act 1974. Per this legislation, an employer must take reasonable steps to ensure the safety of their employees during work. The HSE publish guidance for employers on how to maintain a safe working environment as what constitutes “reasonable” varies between each individual workplace.

The risk of a serious accident on a construction site is heightened by the number of hazards present, including heavy loads, uneven ground and floors, moving vehicles and electrical wiring.

On a building site, you may have different companies working on the same project. So as well as employers owing a duty of care to their workforce, other companies will also owe a similar duty to each other. So suffering an injury on a construction site may be the fault of another company. In these cases, a claim would not be made against the employer but the third party.

A building site will very well have a contractor, sub-contractors, self-employed workers and a site manager who may all be different to your employer, so it may not always be apparent who you would make a personal injury claim against. That said, the eligibility criteria to make a personal injury claim are the same regardless of who the defendant is.

Eligibility Criteria For Personal Injury Claims After A Slip And Fall Accident

To begin a personal injury claim for a trip and fall in a construction accident, the eligibility criteria given here will need to be satisfied:

  1. You were owed a duty of care at the time of the incident.
  2. There was a breach in the duty of care by failing to take reasonable steps to ensure your safety on the construction site.
  3. As a result of this breach, you were injured in a trip and fall accident.

Our advisors can provide a greater explanation of the eligibility criteria for trip and fall claims. They can also assess your eligibility for claiming compensation in your specific circumstances. Speak to a member of our team today using the contact information given above about fall claims.

What Construction Accidents Could Lead To A Trip And Fall Claim?

In this section, we have provided a few examples of how a construction site accident could occur due to a health and safety failure. Possible scenarios where fall injuries could occur include:

  • The building contractor failed to carry out risk assessments of tripping hazards. Lots of electrical wires were strewn across the site, and you tripped and fell, causing a serious head injury.
  • You tripped on a plank of scaffolding because it had not been erected correctly, causing you to fall from the third story up. You suffered a severe neck injury that led to paralysis.
  • Your employer instructed you to work on a roof even though the weather conditions should have prohibited this. You slipped because the roof surface was extremely wet; due to no harness, you fell to the ground, suffering several severe fractures to your legs.

The above examples are intended to provide you with an idea of how a duty of care being breached towards your safety could lead to a fall accident on a construction site.

For a free consultation regarding your eligibility to make a fall compensation claim in your particular circumstances, talk to our advisors today using the contact information provided above.

A construction worker laying on the ground having suffered a fall injury

How Do I Claim For A Trip And Fall In A Construction Accident?

This section looks at possible evidence you could gather to support your claim for a trip and fall in a construction accident. Your supporting evidence will be used to show fault, as well as highlight the extent and severity of your injuries. Possible examples include:

  • Seeking proper medical treatment after an accident is always advisable. In addition to your health and well-being, treatment will produce supporting evidence in the form of medical records.
  • Photographs of the scene of the accident, what caused it and your injuries.
  • Employers with more than 10 employees are required to keep a workplace accident book. You can take a copy of your particular incident report from this. 
  • Workplace documents such as maintenance or training records can be used to show that these safety tasks were improperly carried out or neglected entirely.
  • If available, you have the right to request CCTV footage you appear in. Video footage can be useful in showing how an accident took place.
  • Anyone who saw the accident occur, such as colleagues or members of the public, could provide a witness statement. Take down their contact details so their statement can be collected later in the claims process.

Collating a thorough body of supporting evidence is key as you need to prove your injuries were the result of a breach of duty. The expertise of our panel of personal injury solicitors could be very beneficial to your evidence collection. For support, you can speak to our advisors for a free assessment of your eligibility to make construction site injury claims. If eligible, a solicitor from our panel could take on your slip and fall claim and assist you with collecting evidence. 

Make A No Win No Fee Construction Accident Compensation Claim

Our advisory team does not charge for eligibility assessments. If our team decide you are eligible to begin a claim for a trip and fall in a construction accident, a personal injury solicitor from our panel of experts could offer their services under a Conditional Fee Agreement (CFA).

A CFA is a No Win No Fee contract that gives claimants a number of key advantages, such as not being charged solicitor fees upfront or during the claims process. There will similarly be no fee if you do not win your claim.

The success of your personal injury claim will see you awarded a compensation payout. Prior to the start of your claim, you and the solicitor will agree to a success fee to be taken from your compensation in the event of a successful claim. Since success fees are capped at a maximum of 25% by the Conditional Fee Agreements Order 2013, you will retain the majority of your compensation. 

For answers to your questions, advice and a free consultation regarding your eligibility to start a claim, get in touch with our advisory team via:

Specialist solicitors discussing documents at a desk with a set of scales in front of the window and a gavel hammer on the left

Read More About Claiming For Slip Trip And Fall Accidents

You can read some of our other slip, trip or fall compensation claims guides on the website by following these links:

We have also provided these external resources for additional information:

  • Learn more about the brain injury association Headway and the work they do on their website.
  • Guidance on first aid from the NHS.
  • You may be entitled to statutory sick pay. Learn more with this Government resource.

Thank you for reading our guide on who could be eligible to start a personal injury claim for a trip and fall in construction. You can learn more about the personal injury claims process by speaking to our advisory team at any point. In addition to further guidance, our team can assess your eligibility to start a slip and trip claim in your particular circumstances. Get in touch today via the contact details given above.