Construction Accident Claims

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Construction Accident Claims

If you have sustained an injury caused by someone else’s negligence while working on a building or construction site, JMW Solicitors can help you claim the compensation you deserve. Our legal experts have helped many labourers, builders and other construction professionals through the legal process, meaning we’re well-placed to assist you in making a claim.

We have the knowledge and expertise to secure the maximum possible compensation if you’ve been injured while working on a building site. Our solicitors handle our clients' construction and building site accident claims sensitively and efficiently, allowing you to focus on your recovery. Compensation can make up for losses you've experienced while you’ve been unable to work, or help you to make adjustments to your lifestyle if your accident was especially severe.

If you’ve been injured while working on a construction site, contact our construction site accident claims solicitors today on 0345 872 6666 to get your claim underway, or fill in our online enquiry form and let us know a suitable time to get in touch with you.

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How JMW Can Help

Individuals working in the construction industry are susceptible to accidents on site. If another party is liable for the accident that led to your injuries, you may have the right to claim compensation. Injuries can be caused by heavy machinery and hazards such as falling objects, slips, trips and falls, and faulty equipment. As such, the range of injuries can be extensive, from fractures and burns to traumatic brain and spinal cord injuries. Severe injuries can lead to building site and construction accident claims to be valued highly to cover any costs as a result of your injury.

Compensation can offset medical expenses, compensate for any loss of income, and cover the repair or replacement of damaged equipment or tools. Our team will thoroughly evaluate your losses and construct the most robust case possible on your behalf, allowing you to concentrate on your recovery without the added stress of dealing with the ramifications of the accident.

With over 35 years of expertise, our team consistently keeps abreast of the latest changes in laws relating to construction site accidents. This ensures that we manage your case competently, taking into account any recent legislative developments when processing your claim.

Can I Make a Construction Accident Compensation Claim?

If you've experienced an accident on a construction site that wasn't your fault, you may be eligible to seek compensation.

Construction sites inherently come with a range of potential hazards, making them high-risk environments. Various types of injuries can occur on construction sites, irrespective of your role or the nature of your work.

Employers must ensure that construction sites are safe for both employees and visitors. If you've been involved in an accident on a construction site, whether due to negligence or an unforeseen event, you may have grounds for a claim.

Common Causes of Construction Accidents

Various types of accidents can occur on construction sites, each with its own risks. Some of the most common types of accidents include:

  • Falls from height, such as from ladders or scaffolding
  • Falling objects
  • Manual handling incidents
  • Malfunctioning machinery
  • Accidents involving moving vehicles like forklifts and dump trucks
  • Welding and chemical burns
  • Electric shocks

Among these, lifting and handling accidents are the most common, but falls from height can be the most severe, often resulting in fatal or serious injuries like internal damage or paralysis.

Determining Responsibility

Your employer has a duty of care to ensure that all reasonable steps are taken to avoid accidents at work, but identifying who is responsible for a construction site accident can be complex due to the multiple parties typically involved. This could range from the site owner to material suppliers. Employers and site managers must adhere to safety guidelines and regulations, including the Health and Safety at Work Act 1974 and the Construction (Design and Management) Regulations 2015.

Before filing a claim, an investigation is conducted to review the site, interview witnesses, and examine the contractual relationships between all parties involved. In some instances, multiple parties may be found liable.

Legal professionals specialising in construction accidents will typically assess whether the employer has:

  • Conducted risk assessments for site access and tool usage
  • Provided adequate training and education about job-related hazards
  • Supplied appropriate protective equipment like noise defenders and hard hats
  • Implemented procedures for cleaning up spillages
  • Scheduled regular equipment maintenance for safety

If any of these conditions aren’t met, you may have a valid case for a construction accident claim.

If your employer has breached their duty of care and this resulted in an injury on a building or construction site, you’re entitled to make a claim for compensation. It is important to speak to a solicitor as soon as possible after an accident to make sure your claim gets underway quickly, while you focus on your recovery.

How Much Can I Claim for a Building and Construction Site Accident?

The amount of compensation you will receive following a building site accident will depend on the type of injury you have suffered and the extent of your injuries. It will also be influenced by the impact of the injury on your life, including any financial losses you've suffered as a result.

In construction accident claims, the compensation can be categorised into two main types:

  • General damages: these cover the non-monetary aspects of harm suffered, such as physical pain and suffering, emotional distress and loss of amenity resulting from the injury. General damages are subjective based on the Judicial College Guidelines and vary significantly from case to case, depending on the severity and impact of the injuries on the individual’s life.
  • Special damages: this category includes the financial losses incurred due to the accident. These can consist of medical expenses, rehabilitation costs, lost earnings (both current and future), and any other out-of-pocket expenses directly related to the injury. Special damages are calculated based on actual financial loss and can be specifically itemised and proven with receipts, bills and wage statements.

The figures below provide a rough guide of how much you might be able to claim for an injury on a building or construction site, based on the Judicial College Guidelines. For a more accurate calculation of how much you could be able to claim, based on the specifics of your case, get in touch with the team today. We can give you a precise estimate that takes into account all of the details about your injury and circumstances.

Cuts or abrasions causing scarring£1,500 - £15,000
Breathing in harmful fumes£4,240 - £10,040
Fractures between the elbow and wrist£5,280 - £15,300
Vibration white finger and hand-arm vibration syndrome£2,390 - £30,630
Shoulder injuriesUp to £6,290 - £38,280
Knee injuries£13,000 - £76,690
Burns from hot surfaces or chemicals£1,890 - £83,550 and above
Arm injuries£15,300 - £104,370
Leg fractures that include the knee joint£41,550 - £55,590
Deafness or tinnitus£11,890 - £112,100
Damage to the eye(s) from a lack of goggles£18,880 - £214,520
Back and spinal injuries£1,950 - £322,060
Head injuries from falling objects£1,760 - £322,060

Why Choose JMW?

JMW stands as one of the UK’s most sought-after full-service law firms, renowned for its comprehensive expertise and experience in various areas of law. Our quality of service and legal proficiency is acknowledged by prestigious legal directories like Legal 500 and Chambers and Partners.

We understand that every case is unique. Our approach is to treat every client’s issue with utmost importance and sensitivity. To help make sure everyone has access to legal representation regardless of financial standing, we offer a no win, no fee arrangement for our personal injury claims.

To learn more about our successes across many areas of personal injury, including construction accident claims, visit our case studies section.

FAQs for Construction Accident Claims

What is an accident in construction claim?

A construction site accident claim - sometimes called a building site accident claim - is a legal process initiated by individuals who have suffered injuries or losses due to accidents on construction sites. These claims are typically made against employers, contractors or other parties whose negligence may have contributed to the incident. The purpose of such claims is to secure compensation for the injured party, covering a range of potential damages, from medical expenses to lost wages. Construction accidents vary widely, including incidents like falls, equipment malfunctions, and injuries from handling heavy materials.

How long does the building site accidents claims process take?

The duration of the construction accident claims process varies depending on the complexity of the case. Generally, a straightforward claim may be resolved in several months, whereas more complicated cases, especially those involving severe injuries or disputes over liability, can take years to settle.

Several factors influence the timeline, including:

  • The extent of injuries: more severe injuries may require a longer period to fully assess the impact and long-term consequences.
  • Gathering evidence: the time taken to collect all necessary evidence, such as medical reports and witness statements.
  • Negotiations with the other party: the willingness of the other party to negotiate and settle can speed up or delay the process.
  • Legal proceedings: in the rare case that the claim goes to court, the legal process can extend the timeline.

It's important for claimants to understand that while a quick resolution is desirable, obtaining a fair and adequate compensation is important, and this sometimes requires a more extended timeline.

What if partial responsibility lies with the individual involved in the construction accident?

Both employees and self-employed individuals, as well as employers, have obligations under the Health and Safety at Work Act 1974. This includes adhering to safety protocols and training. Individuals are expected to exercise reasonable care for their own safety and that of others.

If an individual fails to act responsibly and an accident occurs, the court may find them partially responsible for their injuries, a concept known as ’contributory negligence’. For instance, if a worker opts not to wear a hard hat and subsequently suffers a head injury from falling masonry, the worker didn't cause the accident but may have made their own injuries worse. 

In such cases involving contributory negligence, building site accident compensation claims can still be made, but compensation may be reduced based on the individual's share of the blame. For example, if the court determines that the defendant is 75% at fault and the claimant is 25% at fault, the claimant would receive 75% of the total compensation amount.

Do I need to prove negligence to make a construction accident claim?

Proving negligence is a vital component of a construction accident claim. To successfully claim compensation, the claimant must demonstrate that the accident occurred due to someone else's negligence. This involves establishing that:

  • The party responsible owed a duty of care to the claimant.
  • There was a breach of this duty of care.
  • The breach directly caused the accident and resultant injuries.

Evidence such as accident reports, witness statements, photographs of the accident scene, and expert testimonies can be instrumental in proving negligence. In construction accidents, negligence could stem from various factors, including inadequate safety measures, faulty equipment or lack of proper training. Legal expertise is often vital in navigating these complexities and effectively proving negligence in a construction accident claim.

How much does it cost to hire a solicitor for a construction accident claim?

The cost of employing the services of a solicitor for a construction accident claim depends on several factors such as the complexity of the case and the fee structure of the solicitor or the law firm.

We offer a no win, no fee agreement on any personal injury claim, including those for building site accidents. This means you are at minimal financial risk when you decide to work with us, as we will not demand you pay our legal fees if we are unsuccessful in claiming compensation for you.

Before proceeding, we ensure that our clients fully understand the cost implications and the most suitable fee arrangement for their case. This transparency helps clients make informed decisions without the stress of unexpected legal costs.

Who is responsible if you are self-employed?

Being self-employed does not automatically disqualify you from making a claim. Employers are still responsible for the safety of self-employed individuals on the construction site. Legally, there should be no distinction between employed and self-employed workers in terms of safety obligations. Any entity with control over the workplace has a duty of care to all individuals on site. If health and safety rules aren’t followed, a claim may still be possible.

What evidence is required for a construction accident claim?

To successfully make a claim, you must demonstrate that a duty of care was owed and was not met, leading to the injuries sustained. Evidence that can strengthen a claim includes:

  • Date and time of the accident
  • Site address
  • Contact details of witnesses
  • Who the accident was reported to
  • Medical treatment details
  • Photographs of the accident scene
  • A copy of the accident report

The more comprehensive the evidence, the stronger the case will likely be.

How soon should I file a construction accident claim?

Timing is vital in filing construction site injury claims. In the UK, the general guideline is that a personal injury claim must be made within three years of the date of the accident or from the date when you first realised your injury was linked to the accident. However, it is advisable to initiate the process as soon as possible. Early action ensures that the details of the accident are fresh and evidence is more readily available. It also allows your solicitor more time to handle the claim.

Why are certain types of construction accidents so common?

Manual handling incidents are the most frequent cause of accidents on construction sites, according to the Health and Safety Executive (HSE) Report on Construction Statistics in Great Britain for 2020. Such incidents often occur due to insufficient or incorrect training, leading to improper handling of objects. Employers are obligated to adhere to UK Manual Handling Regulations and ensure that all employees receive the necessary training to prevent such accidents.

Falls from heights are the next most common type of accident and are particularly concerning due to their potential severity. They are the leading cause of fatalities in the construction industry, making up approximately 47% of all construction accident claims. The nature of construction work often necessitates working at heights, increasing the risk of such incidents. Both employers and employees must be vigilant to identify and mitigate any hazards that could lead to falls.

Slips, trips and falls are also common. Given the busy nature of construction sites, both employers and employees need to maintain tidy workspaces and clear walkways. Employers are responsible for enforcing these safety measures.

Accidents involving moving vehicles and objects account for around 22% of all reported incidents. These often occur due to inadequate risk assessments or insufficient training for vehicle operators. Employers are responsible for conducting thorough risk assessments, ensuring proper training, and making sure that all objects and equipment are securely stored.

What is the role of the Health and Safety Executive (HSE) in construction accident claims?

The HSE is an independent body responsible for overseeing workplace health and safety. It has the authority to enforce legal measures when health and safety regulations are breached. In cases of serious accidents or injuries, the HSE may conduct an investigation and take action against the employer, ranging from issuing improvement notices to halting unsafe activities and even prosecuting those responsible for severe violations. While the HSE does not award compensation, the outcome of their investigation can be important in a compensation claim, as it may establish whether the employer was in breach of health and safety laws.

What if a visitor is injured on a construction site?

While visitors to construction sites are not covered by the same regulations that protect workers, they may still be eligible to make a compensation claim if injured. According to The Occupiers Liability Act of 1957, property owners, including those of construction sites, are obligated to keep their premises free from hazards that could harm visitors. This includes ensuring that visitors are provided with appropriate safety equipment like helmets and are restricted to safe areas of the site. Failure to adhere to these safety measures could make the site owner liable in the event of an accident involving a visitor.

Talk to Us

If you or a loved one have been injured while working on a construction site, contact JMW today to make a claim. You can get in touch with our construction injury claims experts by calling 0345 872 6666 or by filling in our online enquiry form and letting us know when it is best to call you back.

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