Construction & Building Site Accident Compensation Claims
While safety measures have improved over the years, construction sites remain high-risk locations for both fatal and minor injuries, as well as health issues. If you've been injured in a building site accident, or developed health issues as a result of working in such an environment without proper protection, you may be eligible for compensation.
At Lawhive, our expert personal injury solicitors can help you claim the compensation you deserve. To find out more, and start your building site accident claim, get a free case assessment from our experts today.
What are construction and building site accidents?
Accidents on construction sites happen when people get hurt during building projects, this can include workers, visitors, and even bystanders. Construction and building sites are busy environments and can be especially dangerous because of heavy machines, tools, working at heights, and different materials.
Common causes of accidents on building sites include machinery problems, mistakes, lack of safety measures, or unexpected events. Often these incidents, like falling from height or electrical accidents, can lead to injuries, ranging from small to severe. In some cases, people may even lose their lives.
What are the most common types of construction accidents?
Some of the most common types of construction and building site accidents and health-related injuries include:
Falls from heights
Slips, trips, and falls
Struck by objects
Electrical accidents
Machinery accidents
Collapse or structural failures
Manual handling injuries
Exposure to hazardous substances
Fires and explosions
Vehicle accidents
Inadequate Personal Protective Equipment (PPE)
Trench and excavation accidents
Poorly maintained tools and equipment
Inadequate training
Noise-related injuries
Accidents on construction and building sites can result in significant issues, impacting immediate safety and long-term well-being. This includes hidden risks that can affect health over time.
What are the main causes of accidents on construction and building sites?
Accidents on construction and building sites often happen when safety measures aren't properly in place or followed. Common causes include a lack of proper safety procedures, inadequate training, equipment negligence, absence of protective gear, and user errors.
When working at height on a construction or building site, accidents can be caused because of failure to implement safety measures like guardrails or fall arrest systems. What's more, the absence of exclusion zones could also result in falling objects causing injuries to people below.
Construction workers are also at risk of developing health issues from exposure to hazardous substances like asbestos, chemicals, or dust. Prolonged exposure to loud noises without proper protection can also lead to hearing damage.
With these risks in mind, employers, site managers, and workers must follow health and safety regulations, conduct regular training, and implement effective risk management strategies to identify and address potential hazards. While it may not be possible to prevent every building site accident, appropriate preventative measures can mitigate risks effectively.
What types of injuries are caused by accidents on building sites?
Accidents on building sites can lead to a wide range of injuries, varying in severity from minor to life-threatening. The types of injuries that could occur depend on what happens during the accident and the specific circumstances surrounding it.
Some common injuries include:
Fractures and broken bones
Head injuries
Back and spinal injuries
Soft tissue injuries
Amputations
Crush Injuries to bones, organs, and soft tissues
Burns and scalds
Eye injuries
Cuts and lacerations
Electrical injuries
Respiratory injuries
Hearing loss
Joint injuries
Inhalation injuries
Psychological injuries such as anxiety, depression, or post-traumatic stress disorder (PTSD).
Who is responsible for safety on construction sites?
Health and safety on construction sites is a collective responsibility involving employers, employees, subcontractors, vendors, and regulatory bodies.
Employers and Main Contractors
The primary responsibility falls on the employer or main contractor, whose job it is to ensure a safe workplace for employees and anyone else involved or impacted by their operations. This involves providing appropriate individuals with comprehensive training, ensuring the right safety equipment is readily available, and maintaining a hazard-free site. Their obligations also extend to establishing and enforcing robust safety policies and procedures, routine risk assessments, and the prompt implementation of corrective measures.
Employees, Subcontractors, and Vendors
Employees, subcontractors, and vendors also have a responsibility to prioritise their safety and that of others like colleagues, contractors, visitors, and the public. This means following safety policies and procedures, making use of appropriate personal protective equipment (PPE), and reporting hazards or unsafe working conditions immediately.
Can I make a construction or building site accident compensation claim?
If you have been injured in a building site accident due to your employer's, or someone else's negligence, you may be able to claim compensation.
For your building site accident claim to be successful you should be able to prove that the accident was caused by someone else's negligence. For example, if your employer overlooked training you on a new piece of machinery, and you got hurt because you weren't properly informed how to use it.
If you're considering making a claim, it's a good idea to have a chat with a personal injury solicitor who can listen to what happened to you and assess the strength of your claim. They'll then be able to provide personalised advice about how you might move forwards. At Lawhive, our personal injury solicitors can provide their expert services on a no-win, no-fee basis, empowering you to make a claim free from financial risk.
Get a free case assessment from our team today to find out more.
Who pays compensation for construction accidents?
Compensation for construction accidents is normally paid by the employer's liability insurance or, in some cases, by the third-party responsible for the accident.
In the UK, employers are required to have employer's liability insurance to cover compensation claims made by employees who suffer injuries or illnesses in the course of their employment. The primary objective of this is to offer financial protection to employers, ensuring that workers injured in a building site accident can receive compensation without the full financial burden falling on their employers.
Construction sites often also carry public liability insurance, which covers compensation claims made by members of the public (non-employees) who may be injured or suffer damage as a result of construction activities. This insurance can also cover third-party property damage.
In addition, various contractors and subcontractors working on a construction site may have their own insurance policies. If a construction accident is caused by the negligence of a specific contractor, their insurance may be responsible for compensating the injured party.
If a construction accident is caused by a defective product or equipment, the manufacturer or supplier of that product may have product liability insurance. This insurance can cover compensation claims related to injuries caused by faulty tools, machinery, or equipment.
In cases where the construction accident resulted from a criminal act, such as an assault, the injured party may be eligible to claim compensation through the Criminal Injuries Compensation Authority (CICA). This government organisation compensates victims of violent crimes.
Can I claim construction accident compensation if I’m a contractor or self-employed?
Yes, as a contractor or self-employed individual working in the construction industry, you may still be eligible to claim construction accident compensation. While employees typically have access to the employer's liability insurance, self-employed individuals and contractors may need to pursue compensation through alternative avenues such as:
Public Liability Insurance
If you are a contractor or self-employed individual, you may need to rely on public liability insurance. Public liability insurance is there to cover compensation claims made by third parties, including individuals who are not employees. This insurance can provide cover for injuries or property damage that occurs as a result of your business activities.
Contractual Agreements
Review any contractual agreements you have with the principal contractor or client. Some contracts may specify the responsibility for insuring against accidents and injuries. Ensure that you understand the terms of your contract, including any provisions related to liability and insurance.
Personal Injury Claim
If the construction accident was caused by the negligence of another party, such as the principal contractor, a subcontractor, or a third party, you may have grounds to make a personal injury claim. In such cases, you would pursue compensation directly from the responsible party or their insurance.
Criminal Injuries Compensation Authority (CICA)
In cases where the construction accident resulted from a criminal act, such as an assault, you may be eligible to claim compensation through the Criminal Injuries Compensation Authority (CICA). This government organisation compensates victims of violent crimes.
In all cases, we advise speaking to a solicitor who will assess your case and guide you through the best route for you and your circumstances.
Can I make a building site accident claim if I’m on a zero-hours contract?
Yes, when it comes to workplace safety, your rights and the potential for compensation due to a building site accident are not tied to the type of employment contract you're on.
If you've been injured due to your employer's negligence, you may be entitled to compensation. It doesn't matter if you're on a zero-hours contract - your employer has to ensure:
The workplace is safe and free from hazards that could cause harm;
You have adequate training to carry out your work safely, regardless of your employment arrangement;
You are given the necessary tools and PPE to keep you safe while performing your duties.
If, for any reason, your working conditions are unsafe, and you suffer an injury as a result, being on a zero-hours contract shouldn't put you off seeking compensation. Your right to a safe working environment and the potential for compensation is the same.
What evidence do I need to prove a construction accident compensation claim?
When it comes to construction accident compensation claims, the key to a successful claim lies in the evidence you provide. The stronger your case, the more likely you are to establish the negligence that led to your injuries.
Our personal injury solicitors understand that you might not have all the evidence neatly organised from the get-go. When you reach out to your solicitor, they'll talk to you about the accident, your injuries, and any evidence you may already have on hand. This initial assessment will help you understand the lay of the land.
Following this, your solicitor will work with you to compile the necessary evidence. This might include:
Photographs of the accident scene and your injuries;
Witness statements from those who saw what happened;
Copies of training and maintenance records in place at the time of the building site accident;
Medical reports documenting your injuries and treatments;
Proof of any financial losses or expenses resulting from the accident.
Your building site accident claim solicitor may also arrange for additional medical tests or exams to further support your case. The goal of this is to build a robust case that clearly shows the negligence that caused your injuries, and the extend of the impact on your life.
Will I need to attend a medical as part of a construction accident compensation claim?
Independent medical examinations are a standard part of the process when pursuing a construction accident compensation claim.
The goal of these examinations is to assess the extent of your injuries, and their impact on your life, and to provide an unbiased medical opinion that will support your claim.
When you start a building site accident claim, your solicitor will organise this medical examination for you. It is usually carried out by a specialist, often a consultant or a doctor with expertise in the relevant medical field.
During the examination, the medical professional will look at the nature and severity of your injuries. They may also ask about your symptoms, review your medical records, and carry out a physical exam to gain a good understanding of your condition. Following this, they will then complete a detailed medical report, outlining your injuries and how they have affected your day-to-day, work, and future life.
Your solicitor will use this report to strengthen your case and make sure the compensation you seek aligns with the real impact of the injuries on your life.
How much compensation could I get following a construction accident claim?
When it comes to compensation for a construction accident, the amount you could get varies widely. Ultimately, it depends on how severe your injuries are, how they affect your daily life, medical expenses, loss of earnings, and any psychological impact.
The compensation you might receive for a building site accident claim is split into two main categories:
General Damages: This is to make up for the pain, suffering, and overall impact of your injuries. The amount depends on how severe your injuries are and any long-term effects.
Special Damages: This covers specific financial losses due to the building site accident. It could include medical expenses, rehab costs, travel for treatment, and any loss of earnings or potential future income.
The actual compensation amount you may get will be unique to your case. For a precise estimate, it's best to consult with a solicitor specialising in personal injury claims.
They'll look into the details of your situation, consider relevant factors, and guide you on the potential compensation you might be entitled to.
How could compensation help me after an accident on a building site?
Compensation following a building site accident is intended to help you in different parts of your life and ease the stress you might be feeling. It can be used to:
Take care of bills for things like treatments, surgeries, medications, and ongoing medical needs;
Cover ongoing costs for services like physical therapy or counselling;
Pay for adjustments in your home required because of your injury;
Replace earnings you've lost due to taking time off to recover, as well as future income if your injuries have a long-term impact on your ability to work;
Acknowledge the pain and suffering you've been through, both physically and emotionally.
How long do construction and building site accident compensation claims take?
It's difficult to predict the exact time a construction and building site accident compensation claim will take. Generally, it varies based on how complicated your case is, the seriousness of your injuries, and how cooperative everyone involved is.
A solicitor may be able to give you a general idea of the time involved once they've looked at your case. That being said, in many claims both parties usually look to seek a swift resolution through settlement rather than going all the way to court.
It is, however, important to remember the 3-year limitation period for starting a personal injury claim. This means you need to start your claim within 3 years of the accident or from when you became aware of your injuries.
Will I need to go to court?
It's not always necessary to go to court for a building site accident claim. Most personal injury claims of this nature are sorted out through negotiations without court involvement.
For example, if the responsible party accepts liability, the next step is negotiation, where your solicitor and the other party's representatives work together to reach a fair settlement. Sometimes, parties may choose to explore alternative dispute resolution methods, like mediation or arbitration.
If negotiation or ADR don't work out, your solicitor might start court proceedings on your instruction. They will do this by filing the necessary documents with the appropriate court.
No win no fee construction site claims
Many solicitors handle personal injury claims on a no-win, no-fee basis. This means, id your case doesn't win, you won't be hit with a big legal bill. And, if you win, the other party usually covers most of the fees. You might only have to pay a small, capped success fee to your solicitor.
When you choose a solicitor for your building site accident claim, they should explain this arrangement (sometimes called a conditional fee agreement) before starting work, to make sure you can make an informed decision.
At Lawhive, our team of skilled personal injury solicitors have extensive experience is representing individuals in construction and building site compensation claims. To find out more and start your claim, get a free case assessment from our legal assessment team today.