Were you hurt on-site and need to make a construction site accident claim against your employer? Were essential health and safety requirements missing on the construction site you were on? Did it lead to you suffering injuries? Read on to see what you need to do to start a claim for personal injury compensation.
At Advice.co.uk we aim to provide you with all the information to start a claim either independently, or with the help of a personal injury solicitor. If you want to talk about your case right now, get in touch on the details below for an instant free consultation:
- You can call our team on 0161 696 9685
- Connect online using the ‘contact us‘ option
- Or get in touch through the ‘live support’ option to the bottom right to discuss your construction site accident claim.
Select A Section
- Types Of Accidents In The Construction Industry
- What Are Some Of The Steps That You Take After A Construction Site Accident?
- Limitation Periods Which Could Affect Your Construction Site Accident Claim
- Construction Site Accident Claim Settlements
- How To Agree Your Settlement
- Use A No Win No Fee Solicitor For A Construction Site Accident Claim
As you may know, there are specific laws that seek to protect health and safety in the workplace and some that relate specifically to the construction industry. The main pieces of legislation to protect all workers regardless of industry are:
- Section 2 of The Health and Safety At Work etc Act 1974
- The Personal Protective Equipment At Work Regulations 1992
- The Manual Handling Operations Regulations 1992
- As well as specific guidance from the Health and Safety Executive (HSE) regarding health and safety in the construction industry.
These laws and guidance from the HSE can also protect workers who are self-employed or sub-contractors.
Given the increased nature of risk on building sites, there may be more health and safety laws in place than with other industries. These laws help to ensure that risks are removed or reduced as much as is reasonably practicable.
Despite this, a variety of health and safety issues can present themselves on construction sites if practices are not properly adhered to. Some potential construction industry accidents could include:
- Falling downstairs or from an unguarded height due to insecure scaffolding or work platforms, you can read a case study here which details an example of falling from a height
- Heavy debris falling from above
- Electric shock from insecure or exposed electricity cables
- Incorrect personal protective equipment (PPE) or lack thereof. For example, a lack of work safety boots could cause you to suffer a foot injury.
- Collision with badly operated vehicles
- Malfunctioning machinery or tools – for example, you could be injured in a crane accident if the crane were to malfunction during use.
- Unnecessary obstacles or tripping over a loose wire
- Excessive noise or contact with vibrating machinery ( finger injuries)
As you consider making your accident at work compensation claim it can be important to be clear who had a duty of care to your safety, how exactly they breached it, and whether you suffered direct injury as a consequence. An accident alone is insufficient grounds to start a claim, but if you are unsure, call and speak to our team for further guidance about your rights after an accident at work.
Construction Site Safety Statistics
The statistics below are drawn from RIDDOR (Reporting of Injuries, Diseases, and Dangerous Occurrences Regulations 2013) and are a percentage representing the reported construction workplace non-fatal injuries between 2018/19 – 2020/21:
As you piece together the facts around your construction site accident, there are some important steps you can follow in case you have a valid compensation claim:
- Be clear on who was responsible for the hazard that injured you
- Report the accident to onsite management
- Log it in the accident book
- Take photos of the scene or request CCTV footage
- Ask witnesses for contact details incase they are needed to give statements at a later date
- Access your medical notes or a copy of the A&E admission notes
- Arrange a medical assessment
- Consider legal advice
Its important to point out that anyone is free to represent themselves in a personal injury claim, but using a personal injury solicitor can be much easier. They can negotiate with your employer or their insurance company to get you the best settlement. Their advice and help can mean you concentrate on recovering more quickly.
Call our advisors today for free advice on your construction site accident claim.
The general time limit detailed in the Limitation Act 1980 for making a personal injury claim is three years. This can start from the date of the accident or the date that you became aware of illness or injury.
There are exceptions for people under the age of 18 (giving them until age 21 to make a claim), or those that lack mental capacity.
In addition to this, you can initiate and conduct all the aspects of a claim on someone’s behalf by acting as a litigation friend. This may be appropriate if a very serious construction site accident has left the person unable to represent themselves in a claim.
Two types of damages can be used to calculate compensation after a construction site accident called ‘general’ and ‘special’ damages. General damages look to compensate you for the suffering caused by your injuries.
You may require a medical assessment of your injuries which could be compared with those listed in a publication called the Judicial College Guidelines. These are not guaranteed award amounts, however, they try to provide a guide amount for pain, suffering, and loss of amenity as shown:
|JC Guideline award bracket
|£304,630 to £379,100
|pain is present or where there is a significant effect on senses or ability to communicate
|severe (a) (i)
|In the region of
|partial paralysis, severe headaches, little relief from wearing collar
|severe (a) (i)
|£85,470 to £151,070
|severe pain and disability, partial paralysis and bladder impairment
|£90,250 to £122,860
|acute nerve damage rendering the damage similar to amputation levels
|less severe (c)
|£11,820 to £22,990
|permanent injuries like pain and stiffness
|(J) Vibration White Finger (VWF) most serious (a)
|£29,690 to £36,060
|hand damage severe enough to require a change in employment
|severe (b) (ii)
|£51,460 to £85,600
|deformity, mobility issues and permanent need for walking aid
|severe (a) (i)
|£65,440 to £90,290
|pain. loss of function, ligament damage and disruption of the joint
|very severe (a)
|£46,980 to £65,420
|transmalleolar fracture that may give rise to below-knee amputation
|£9,010 to £12,900
|crush fractures, permanent disability, scarring and impaired gait
In addition to these figures, you can include the out-of-pocket costs to you caused by the injuries if you have solid documented proof of them. Any paperwork that shows:
- Loss of earnings
- Costs of medical procedures not on the NHS
- Costs for domestic help at home from family, friends, or paid carers
- The estimated or costs for vital changes to your home or car
- Travel costs to hospital or work (petrol, parking, etc)
Speak to our advisors to see what other expenses could be eligible. Or you can use our personal injury claims compensation calculator.
Every personal injury claimant will be expected to complete certain efforts to resolve the case before needing to bring it to court. These are called pre-action protocols and require that both sides disclose full details of their position on the accident and communicate in a meaningful way to come to an agreement. The protocols also provide a rough timeframe for the ‘back and forth’ communications that personal injury cases can entail.
Mediation and Arbitration
This is an important part of the pre-action protocols. It provides a chance for both parties to communicate through an intermediary and work towards agreeing on a settlement amount that both sides feel is fair and appropriate. In practice, most personal injury claims do not need to go all the way to court and mediation can be a very effective way of speeding up the process of reaching a settlement.
With all this in mind, you may be wondering how to start your construction site accident claim? At Advice.co.uk our team could run through a brief assessment of eligibility with you right now and possibly connect you with a solicitor offering a No Win No Fee agreement.
Hiring solicitors under arrangements like this (also called ‘Conditional Fee Agreements’) have many advantages. Such as:
- No fees upfront to hire the solicitor
- None to pay to retain their services as the case progresses
- No fees owed to your solicitors should the case fail
- In addition to this, only a fee of 25% of the settlement becomes due if the case wins.
Our team is available right now to explain how a No Win No Fee agreement could work for your construction site accident claim. Find out more by:
- Calling us on 0161 696 9685
- Using the ‘contact us‘ option
- Or access free guidance through our ‘live support’ option below
Construction Site Safety and Accident Claim Resources
The resources below offer more help about personal injury accident claims at work:
- More reading from the NHS on the cost of self-funded care as you recover
- Advice on preventing slips and trips at work
- And also, more information about Statutory Sick Pay (SSP)
Below, you can find links to lots more guides on accidents at work:
- Accidents at work FAQ
- Can I sue Amazon as an employee after a workplace accident?
- I was injured due to gross misconduct at work
- A guide discussing when you could make a claim if injured on a business property and how much compensation you could receive.