Construction Accident Claims

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

We have the knowledge and expertise required to secure the maximum possible compensation if you’ve been injured while working on a building site. Our solicitors will handle your claim sensitively and efficiently, allowing you to focus on your recovery. Compensation can make up for losses you've incurred 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 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.

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 are not solely caused by mishaps involving heavy machinery; hazards such as falling objects, slips, trips, and faulty equipment can also lead to accidents. As such, the range of injuries can be extensive, from fractures and burns to traumatic brain and spinal cord injuries.

Compensation in these instances can serve to offset medical expenses, compensate for any loss of income, and cover the cost of repairing or replacing 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 pertaining 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.

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

Employers are obligated to 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.

Legal services often offer no win, no fee agreements, mitigating the financial risk of upfront legal fees. Typically, clients may pay a percentage of the recovered compensation amount, although this can vary based on individual circumstances. Additional fees, such as after-the-event (ATE) insurance, may also apply.

Common Causes of Construction Accidents

Various types of accidents can occur on construction sites, each with its own set of 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

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 are obligated to 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 usually 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 are not met, you may have a valid case for a construction accident claim.

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.

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 calculator 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.

Compensation will account for the pain and suffering caused by your injuries, and will also help to support you while you are recovering. Compensation can cover the cost of unexpected medical bills, rehabilitation and any required care from family and friends. In addition, compensation will cover any time you have taken off work due to your injury.

An Employer’s Responsibility

Your employer has a duty of care to ensure that all reasonable steps are taken to avoid accidents at work. These steps include:

• The provision of appropriate personal protective clothing
• Ensuring all employees are properly trained and supervised
• Placing safety barriers in appropriate areas, e.g. when working at height
• Displaying warning signs in hazardous areas
• Keeping the workplace clean and tidy

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.

FAQs for Construction Accident Claims

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 exacerbated their own injuries. 

In such cases involving contributory negligence, 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.

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.

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, it's important for both employers and employees 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 pivotal 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.

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