When Could You Make A Construction Accident Claim?

Construction Accident Claim

A Guide To A Construction Accident Claim

This guide has all the information you are looking for if you are wanting to make a construction accident claim. Employers owe their employees a duty of care, if they do not fulfil this and you are injured, not only is this employer negligence, you might be able to make a personal injury claim. 

We will look at the eligibility criteria to make a work injury claim as well as examples of incidents that could be caused by employer negligence. Important areas of the claims process will also be examined. For example, the timeframe your claim must be started within,  the evidence you can acquire to support your claim and how much compensation you could be awarded for a successful claim. 

We will also explore the services our panel of accident at work solicitors can provide, along with how you could benefit from being represented on a No Win No Fee basis. 

If you have any questions and would like to speak with an advisor from our team, you can do so. They are on call 24/7 to provide you with a free consultation. To get in touch: 

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When Can You Make A Construction Accident Claim? 

The duty of care that employers owe their employees is put in place by the Health and Safety at Work etc. Act 1974 (HASAWA). This outlines employers’ responsibility to ensure that reasonably practicable steps have been taken to ensure the workplace, environment, equipment, and facilities are safe for employees. This is required by law, which means if they do not fulfil their duty of care and you are injured as a result, you may be able to make a personal injury claim. 

If you would like to see whether you are entitled to make a construction accident claim, please get in touch with our advisors. 

Examples Of Accidents That Could Lead To Construction Injury Claims 

Here we have included examples of incidents that may lead to a personal injury claim: 

  • Your employer provides you with a faulty ladder when giving you a job to complete. As a result, you fall and suffer a leg injury and a broken forearm injury
  • You were not provided with the correct personal protective equipment (PPE), such as a hard hat, when on site. Consequently, when an object falls, you sustain a head injury
  • A colleague of yours was not given the required training to operate a crane but is asked to do so anyway. Due to this, they drop the materials they are carrying, which hit you, causing you to suffer a foot injury

If you have been involved in an accident similar to the examples provided above and would like to know whether you can make a construction accident claim, please contact our advisors. 

Is There A Time Limit When Claiming For A Workplace Accident? 

If you are looking to make a personal injury claim following an accident at work, typically, you must start this process within 3 years of the accident. This is outlined by the Limitation Act 1980, a central piece of legislation for this area. There are some circumstances by which the injured party may be afforded more time to claim.

If you are looking for more information on the time limitations or litigation friends before making your construction accident claim, please speak with our advisors. 

Potential Compensation From A Construction Accident Claim 

If your construction accident claim is successful, your compensation could be split into two heads of claim. You may be awarded general damages compensation for any physical or mental pain and suffering. This could include a broken leg or depression, or anxiety. 

We have included a table of compensation brackets that have been taken from the Judicial College Guidelines (JCG). This is a document that is used by legal professionals as assistance when valuing claims. 

However, these compensation brackets should only be used as a rough guideline. This is because each personal injury claim is unique and the settlement you may be owed could change. 

Compensation Brackets

Body Part Severity Compensation Bracket Details
Head Moderately severe £219,070 to £282,010 There will be severely disabling injuries that leave the injured person dependent on others and requiring constant professional and other care.
Foot Amputation (a) £169,400 to £201,490 The amputation of both feet.
Foot Serious £24,990 to £39,200 Injuries that involve persisting pain due to traumatic arthritis or the risk of future arthritis.
Neck Severe (i) In the region of
Neck injury associated with incomplete paraplegia.
Arm Amputation (b) (ii) £109,650 to £130,930 The above the elbow amputation of one arm.
Hand Loss of hand £96,160 to £109,650 The total or effective loss of one hand.
Knee Severe (i) £69,730 to £96,210 A serious knee injury that disrupts the joint.
Ankle Very severe £50,060 to £69,700 Limited and unusual injuries such as a transmalleolar fracture of the ankle with extensive soft-tissue damage resulting in deformity.
Wrist Loss of function £47,620 to £59,860 An injury that leads to the total loss of function in the wrist.
Toe Amputation (a) £36,520 to £56,080 The amputation of all toes.

Special Damages In Construction Accident Claims 

Special damages could also be included as part of your compensation. This aims to reimburse you for any monetary harm that is incurred as a result of your injuries. For example, if you are unable to work due to your injuries, you could be owed a loss of earnings

Other areas that could be included are: 

  • Care costs 
  • Medical expenses 
  • Home renovations 
  • Travel costs 

If you would like a personalised estimation as to how much your construction accident claim could be worth, please get in touch with our team of advisors. 

What Do You Need To Make An Accident At Work Claim? 

To make a successful personal injury claim after a construction site accident, you will need evidence to support your claim. Below we look at the types of evidence that can be gathered:

  • Filling out the accident at work book
  • Acquiring CCTV footage of the incident if there is any 
  • Keeping a diary of your symptoms, treatments and the impact they have on your life 
  • Taking pictures of your injuries and/or the scene in which they were endured 
  • Gathering witnesses’ contact details to allow witness statements to be taken at a later date 
  • Having your injuries looked at by a medical professional and keeping track of their notes

A solicitor from our panel can assist you with this process if you are having any issues. Please get in touch with our advisors, who can set you up with one. 

Make A No Win No Fee Construction Accident Claim Using Our Panel Of Solicitors 

If you are making a construction accident claim, you might find it useful to seek legal representation via a No Win No Fee agreement. Moreover, the solicitors from our panel could ask you to enter a Conditional Fee Agreement (CFA) which falls under the No Win No Fee umbrella. 

If you enter a CFA, you won’t have to pay anything upfront. Also, no payment will be required for an unsuccessful claim. 

However, in the event of a successful claim, you will have to pay your solicitor a success fee. This will be taken from your compensation but capped by law which guarantees you receive the majority of your settlement. 

Our advisors can evaluate your case to see if you have a valid claim for an accident at work. If you do, they could set you up with a No Win No Fee solicitor from our panel. 

To get in touch: 

Learn More About How To Sue An Employer For Negligence 

Here are some more of our own guides that may be able to help you when making a work injury claim: 

We have also included several other documents that may be of benefit when looking to make an accident at work claim: 

Thank you for reading this guide. We hope it provided you with all of the information you may need to make a construction accident claim. If you still have questions, please get in touch with our advisors.