A Guide To Construction Site Liability And Claiming Compensation

There are different parties who may owe a duty of care to those working on a construction site. As we move through this guide, we look at construction site liability, the legislation that different parties need to adhere to, and who could be liable for a construction accident if this legislation is breached.

Later, we discuss who could be eligible to make a compensation claim after an accident at work that resulted in injury.

Additionally, we provide some examples of how a building site accident could occur and the injuries that could be sustained as a result.

Furthermore, we explore how accident at work compensation payouts are calculated to address the different ways your injuries have affected you.

Finally, we provide guidance on how a No Win No Fee solicitor from our panel could benefit you when you make a construction injury claim.

To learn more, please get in touch with our team of helpful advisors. They can offer free advice 24/7 and help you understand the next steps you could potentially take to claim compensation. You can reach out via the following contact details:

  • Contact us online.
  • Call 0161 696 9685 to speak to an advisor.
  • Begin a conversation through the live discussion feature below.

Two construction workers. One lying injured after an accident on a building site.

Choose A Section

  1. What Is Construction Site Liability When Claiming Compensation For Injuries?
  2. How Could Negligence Lead To Construction Injury Claims?
  3. What Compensation Could You Receive From Construction Site Accident Claims?
  4. Potential Evidence That Could Be Used In A Construction Site Accident Claim
  5. Claim For Accidents On Construction Sites On A No Win No Fee Basis
  6. Learn More About Construction Site Liability

What Is Construction Site Liability When Claiming Compensation For Injuries?

You may be wondering who could be liable for construction site accidents. There are many different companies that could be working on a construction site, including electric and scaffolding. Additionally, there may be a main contractor or site manager, if these roles are not carried out by your employer. Each of these may owe a duty of care to construction site workers.

Employers owe their employees a duty of care as outlined by the Health and Safety at Work etc. Act 1974 (HASAWA). This states that they have to take reasonable and practicable steps to ensure the safety of employees while at work and as they carry out their work-related duties.

In addition to HASAWA, another health and safety law, such as the Construction (Design and Management) Regulations 2015 were enacted to help those responsible for construction sites improve safety in the construction industry.

If a third party owed you a duty of care, and a breach of this led to you suffering an injury on a construction site, they could be held liable. However, liability might not necessarily fall with your employer due to the different parties that may owe a duty of care while you’re working in construction.

In order to have eligible grounds to begin a personal injury claim following building site accident, you need to prove liability and that your case meets these criteria:

  • A duty of care was owed to you at the time and place of the accident.
  • A breach of this duty occurred.
  • You can prove you suffered physical and/or psychological harm as a result.

These three points define negligence in tort law which needs to be proven for building site accident claims to be valid.

Can You Claim If You’re Injured On A Construction Site As A Member Of The Public?

If you have been injured as a member of the public on a construction site, you may be able to claim compensation. However, the above criteria need to be proven. Additionally, you need to ensure your claim is brought forward within the time limits for personal injury claims.

As per the Limitation Act 1980, there is a general limitation period of 3 years for starting a claim for a personal injury. Some exceptions could apply in specific circumstances, such as where the injured party is under the age of 18, or lacks the mental capacity to start legal proceedings.

For more information about construction accident claims, including the eligibility criteria that need to be met and how long you have to seek compensation, call our team on the number above. They can offer a free consultation and may connect you with a solicitor from our panel, if you’re eligible.

How Could Negligence Lead To Construction Injury Claims?

There may be multiple activities and tasks being carried out on construction sites, often at the same time. As such, there is the potential for hazards to be present that pose the risk of injury.

Below, we have provided some examples of how a construction injury could be suffered if there is a failure by those responsible to ensure a safe environment:

  • Working from a height – There may have been a failure to carry out a risk assessment to address the potential hazards of working from a height. As a result, you may have fallen and suffered a serious spinal injury due to no safety guards being put up when working at a great height.
  • Failure to provide personal protective equipment (PPE) – You should be given PPE necessary to reduce the risk of injury where the risk cannot be fully removed, such as a hard hat to prevent you from suffering a head injury from being hit by falling objects. Alternatively, you may have suffered a burn injury when working with hazardous chemicals due to not being provided with any gloves.
  • Providing defective equipment – You may have suffered an arm amputation injury after using faulty machinery, such as a defective circular saw, your employer instructed you to use despite being aware of the fault.
  • Insufficient training – For example, there may have been no manual handling training given at work. As a result, you suffer a serious soft tissue injury to your back when lifting heavy equipment using the wrong technique.

Not all accidents and injuries on construction sites will mean you can make a personal injury claim. You must have evidence that negligence occurred in order to claim compensation.

Call our team for more information on construction site liability and when you could seek compensation.

What Compensation Could You Receive From Construction Site Accident Claims?

If a claim for a construction site accident proves successful, you could receive a payout comprising up to two heads of loss. The first is called general damages which compensate for the pain and suffering of your injuries, physical, mental, or both together.

To apply a value to general damages, different resources can be used. For example, you may need to attend an independent medical assessment as part of the claims process to produce a medical report. This medical report can be used alongside other publications, such as the Judicial College Guidelines (JCG). This document lists guideline award brackets for different types of injuries.

Compensation Guidelines

You can find a selection of the figures from the JCG in the table below. Please use this as a guide only because settlements will vary depending on the unique circumstances of your particular case.

The top line is not from the JCG.

Injury TypeSeverityNotesGuideline Compensation Brackets
Multiple Serious Injuries With Financial LossesSeriousCompensation for the mental and physical pain and suffering caused by multiple serious injuries and associated financial losses incurred as a result, such as lost earnings, care costs and the cost of adaptations needed at home.Up to £1 million +
Paralysis(a) TetraplegiaParalysis of the lower limbs. Factors considered when determining the award include the age of the person and whether they have suffered depression.£324,600 to £403,990
Brain Damage(a) Severe (i)Poor language function, double incontinence, and the need for full-time nursing care due to little or no evidence of any meaningful interaction with environment.£282,010 to £403,990
(c) Moderate (i) Moderate to severe intellectual deficit, a change in personality, effect on senses, and no employment prospects.£150,110 to £219,070
Back(a) Severe (i) Spinal cord and nerve root damage causing serious consequences not normally found in a back injury case, such as severe pain and disability alongside, for example, incomplete paralysis.£91,090 to £160,980
(b) Moderate (i) A damaged intervertebral disc with irritated nerve roots and reduced mobility.£27,760 to £38,780
Leg(b) Severe (ii)Injuries classed as very serious that cause permanent problems with mobility.£54,830 to £87,890
(c) Less Serious (i)Cases of serious soft tissue injuries and incomplete recovery from fractures are included in this bracket.£17,960 to £27,760
Ankle(a) Severe Cases of a bilateral ankle fracture causing degeneration of joints at a young age meaning an arthrodesis is needed.£50,060 to £69,700
(d) ModestLess serious injuries, such as undisplaced fractures, sprains and ligament damage.Up to £13,740

Claiming For Financial Losses

You could also receive a compensation award comprising another head of loss known as special damages. This awards compensation for the out-of-pocket expenses you have experienced due to your injuries. You should gather evidence to prove any financial losses, such as receipts, bank statements and pay slips.

If you have proof, you could claim back the following costs:

  • A loss of earnings if you have needed to take time off work to deal with your injuries.
  • Care costs, such as help with cooking and cleaning at home.
  • Medical bills, such as for rehabilitation, physiotherapy, or prescriptions.
  • Travel costs, such as taxis or buses to and from hospital appointments.
  • The cost of adaptations to your home or car.

For a personalised assessment of your claim and a free valuation of how much compensation you could potentially be awarded following a successful construction site injury claim, please contact our team.

Stacks of coins on the table representing personal injury compensation.

Potential Evidence That Could Be Used In A Construction Site Accident Claim

Evidence can help you prove construction site liability. As such, you might benefit from gathering the following to support your personal injury claim:

  • A copy of the accident at work book entry.
  • CCTV footage, or video footage from a phone, of the incident.
  • A diary of your symptoms and any medical treatment needed.
  • Pictures of your injuries and the accident scene, including any hazards that caused the accident.
  • The contact details of any witnesses so that witness statements can be collected at a later stage of the claims process if needed.
  • Copies of your medical records, such as scans and test results as well as letters from your doctor. These can be generated when you seek medical attention.

You could benefit from instructing a work injury solicitor from our panel to assist you with gathering evidence and building your case. They have years of experience helping eligible claimants seek compensation for construction site injuries. Read on to learn more about how they can help, or contact an advisor today.

Claim For Accidents On Construction Sites On A No Win No Fee Basis

If you instruct a solicitor to handle your claim, they can offer several services, such as helping you prove construction site liability. Additionally, they can ensure your case is presented in full and brought forward within the relevant limitation period.

Furthermore, the experienced personal injury solicitors on our panel offer these helpful services under the terms of a Conditional Fee Agreement (CFA). This particular type of No Win No Fee contract has several advantages, including:

  • No upfront or ongoing fees for the solicitor’s services.
  • No fees for the work they have completed on your construction site accident claim if it fails.

A small and legally capped percentage will be taken from your compensation and paid to the solicitor as their success fee if the claim is a success.

Contact our team to find out whether you could claim for a construction site injury with a No Win No Fee solicitor. To get in touch, you can:

  • Contact us online.
  • Call 0161 696 9685 to chat now.
  • Use the live discussion feature at the bottom of this page.

A team of solicitors working on determining construction site liability for a case.

Learn More About Construction Site Liability

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Thank you for reading our guide and if you need any other information on construction site liability or claiming compensation, please don’t hesitate to get in touch.