Building Site Accident Claims
Building sites are inherently dangerous places for people to work, with various potential health and safety risks that can result in accidents and injuries. Injuries caused by heavy lifting, accidents involving machinery and falls from height are just a few of the possible dangers.
If you have been injured while working on a construction site and somebody else was at fault, you could be entitled to make a no win no fee* building site accident claim.
At InjuryClaims.co.uk, we work with experienced personal injury solicitors who have helped thousands of people across the UK obtain compensation for the damages they suffered due to a building site and other workplace accidents.
Call 0800 470 0474 today or request a call back for a free claim assessment and find out within minutes if you have a valid compensation claim. If you decide to proceed, your solicitor will take your case on a no win no fee basis. That means there are no upfront costs, and you will never be left out of pocket.
Can I start a building site accident claim?
Each year, thousands of people suffer injuries while working in the construction industry, some of which are fatal. Statistics published by the Health and Safety Executive (HSE) show that there were 45 fatal work accidents within the UK construction industry in 2022/23. Sadly, many of these building site accidents could have been avoided if employers had followed the relevant safety regulations.
If you or a loved one suffered a construction site injury, a legal adviser can let you know if you are entitled to compensation. They will offer you a free case assessment to determine the following:
- Did your accident happen within the last three years?
- Was someone else responsible for it?
- Did that party owe you a legal duty of care?
- Did they breach their duty by acting negligently?
If the answer to these questions is yes, you will be paired with an experienced personal injury solicitor. They will prove that a legal duty of care existed and it was breached by referring to the relevant legislation. This is usually the Health and Safety at Work etc. Act 1974 or the Occupiers’ Liability Act 1957.
Common types of building site accidents
Failure to adopt sufficient safety measures and follow health and safety regulations is a common cause of injuries within the construction industry. Many injuries that occur on building sites are preventable if employers take a more proactive approach to the safety of workers.
Some of the common causes of building site accidents are as follows:
- Trips and falls. There are numerous tripping hazards on construction sites. These can include uncovered holes, trailing cables, tools and equipment lying on the ground. Employers must take measures to maintain a safe working environment by keeping work areas tidy and free from avoidable obstructions.
- Injuries caused by falling objects. Whenever overhead work is in progress, workers on the ground are at risk of being injured from falling objects, such as bricks, roof tiles, and tools. Injuries can range from minor cuts and bruises to broken bones, concussions, and severe head trauma.
- Crane accidents. Cranes are frequently used on large construction sites to lift heavy objects such as roof trusses and steel beams. Defective cranes, high winds, and operator error can all result in crane accidents, putting both the operator and nearby workers at risk of injury.
- Scaffolding accidents. Scaffolding and work platforms are used on most construction sites to make it easier to perform tasks at height. These can include bricklaying, electrical work, roofing and decorating. Common issues include improperly assembled scaffolding, tripping over tools or materials and falls from height due to lack of safety rails.
- Vehicle and machinery accidents. A busy building site is likely to have a broad range of vehicles and machinery used throughout the day. From heavy machinery such as excavators and dump trucks to handheld tools such as drills and saws, these can all pose a significant risk of accidents and injury if health and safety requirements are not observed.
Other potential building site accidents include the following:
- Manual handling and heavy lifting
- Accidents caused by inadequate training
- Electrocutions
- Exposure to hazardous substances
- Injuries sustained due to lack of personal protective equipment
- Accidents caused by faulty equipment
If you had any accident at work due to someone else’s negligence, you might be able to start a building site injury claim.
Types of negligence that could lead to a construction site accident
Construction site accidents can happen for many reasons. Your employer must protect your health and safety on-site by following the workplace legislation. If they are negligent and cause you an injury, you could claim building site accident compensation.
The many types of negligence that could lead to a construction site accident include:
- Failure to provide sufficient training to use machinery and tools;
- Failure to maintain a safe working environment can lead to slip and trip accidents;
- Tools, machinery, or equipment that are defective or not properly maintained;
- Not providing suitable personal protective equipment (PPE), such as hard hats and safety boots;
- Failure to plan the work in a way that prioritises health and safety;
- Not carrying out risk assessments to identify hazards that could pose a risk of injury;
- Lack of proper communication between workers, supervisors, and contractors can lead to misunderstandings and accidents;
- Hiring workers without suitable qualifications or background checks;
- Failure to provide adequate fall protection when working at height;
- Incorrectly handling or storing materials;
- Failure to provide clear signage and warnings about potential hazards;
- Not allowing enough rest breaks;
- Not having proper plans and procedures in place for emergencies;
- Failure to inform, consult and engage with workers about the risks;
- Poor electrical safety may lead to electric shocks and burns.
This list is not exhaustive, and many other types of negligence could lead to accidents and injuries on building sites.
Common injuries seen in building site accident claims
Construction and building site accidents can result in various injuries due to the hazardous nature of construction work. These can range from minor to severe and could even be fatal. Some of the most common injuries seen in construction accident claims include:
- Lacerations and abrasions. Contact with sharp tools, equipment, or materials can cause cuts and scrapes that may require medical attention.
- Fractures. Accidents involving heavy machinery, falling objects, or collapses can lead to broken bones in the arms, legs, or ribs.
- Crush injuries. Being caught between heavy machinery, vehicles, or structures can result in crush injuries, which can lead to severe tissue damage and internal injuries.
- Electrical shock and burns. Contact with exposed wiring or faulty electrical equipment can cause electrical shocks and burns.
- Amputations. Severe accidents can lead to traumatic amputations of fingers, hands, or limbs.
- Head and brain injuries. Falls, impacts, and heavy machinery can cause minor to life-altering head injuries.
- Back and spinal injuries. Improper lifting techniques and acute traumas can result in back and spinal injuries, leading to long-term pain and disability.
- Chemical burns and injuries. Working with dangerous chemicals can result in chemical burns, eye injuries, and toxic exposure.
- Eye injuries. Working with tools, chemicals, or debris without proper eye protection can lead to corneal abrasions and more severe damage, including loss of sight.
- Sprains and strains. These injuries to the muscles, tendons or ligaments can develop over time due to heavy lifting or after a single incident such as falling over.
If you or someone you love suffered any injury due to negligence, you could be entitled to claim construction accident compensation.
Health and safety regulations covering building sites
If you work on a building site, your employer has a legal duty of care to follow the health and safety procedures. They must conduct risk assessments and take all reasonable steps to eliminate or minimise the potential dangers. Employers must also provide workers with adequate safety equipment and training to perform their tasks safely.
Many laws and regulations relevant to the construction industry aim to protect workers and reduce the likelihood of injuries sustained in workplace accidents. These include:
- The Construction (Design and Management) Regulations 2007 help plan and coordinate work to reduce potential risks;
- The Health and Safety at Work etc. Act 1974 is the most essential piece of workplace legislation in the UK that sets out the legal framework for ensuring the health, safety, and welfare of employees, visitors, and the general public in workplaces.
- The Work at Height Regulations 2005 are designed to prevent accidents and injuries caused by falls from height. Employers must ensure that any work at height is properly planned, supervised and carried out by competent people.
- The Control of Substances Hazardous to Health Regulations (COSHH) 2002 covers a wide range of dangerous substances, such as chemicals, fumes and dust, that could pose risks to health.
- The Health and Safety (Consultation with Employees) Regulations 1996 state that employers must engage workers in matters related to health and safety in the workplace.
- The Provision and Use of Work Regulations (PUWER) 1998 aims to protect workers from the risks of using various types of equipment and machinery in the workplace.
If you suffered a construction site injury or illness because your employer failed to comply with any of these regulations, you might be entitled to compensation for your pain and losses.
What should you do if you suffer a construction site injury?
If you have suffered any injuries at work due to the negligence of your employer or a co-worker, you should make sure you notify the site manager and the details of the accident are recorded in the site accident book. To help support any subsequent personal injury claim, you should also try to obtain as much evidence as possible. That could include taking photographs of what caused your injury and recording the contact details of any witnesses.
You should also seek medical care at a hospital or by your GP as soon as possible. Your injuries and their cause will be logged in your medical records, which can be crucial for any future building site accident claim.
To be able to build a successful case against your employer, a solicitor will need to provide evidence that you have sustained an injury and that this was due to your employer’s negligence. Other supporting evidence in your case could include:
- CCTV footage, if your accident was captured on camera
- Pictures of your injuries and recovery process
- Your notes about how the construction site accident occurred and how it affected your life
- Financial records of any costs you incurred due to the injuries
- Reports from experts in fields like engineering, construction, or workplace safety
- Maintenance records of equipment and machinery
- Documentation of the training you received for your job
Whether or not you have managed to secure evidence after your accident, you should speak to a solicitor as soon as possible. If you have grounds to start a claim, they will help you gather the necessary proof to support your case. They will also send a claim notification form to the defendant and negotiate your building site accident compensation.
Can I claim for a fatal accident on a building site?
If a loved one has passed away due to a construction site accident, you are entitled to claim compensation under the Fatal Accidents Act 1976. Any dependant of the deceased could start a building site accident compensation claim, including:
- Spouses and civil partners
- Anyone living with them for at least two years before the accident as a spouse
- Their parents and anyone treated as a parent
- Children and anyone the deceased treated as a child
- Siblings, aunts and uncles
A dependency claim covers two areas: financial dependency and loss of services. The compensation will consider the income of the deceased, lost pensions, investments and any other economic benefits expected from them. The final figure will consider the deceased’s age and life expectancy, the age of the dependants and potential career progressions. The award for loss of services recognises the burden of no longer being able to count on the help of your loved one with tasks like DIY projects, house chores and childcare.
In a fatal accident claim, you can also recover the following losses:
- Funeral expenses like wreaths and embalming of the body
- Financial losses incurred between the time of the accident and the date of death, such as lost earnings and cost of care
A limited number of dependants, including spouses and civil partners, are also entitled to a bereavement award of £15,120. It serves as recognition of the wrongful death and the pain and suffering this has caused you. There is only one bereavement award, which must be divided equally between the eligible parties.
Can I still claim if I am self-employed or on a zero-hours contract?
Many construction workers and contractors are self-employed. If you are self-employed and had an accident at work, you should not assume you are not entitled to make a building site injury claim. Your employer is still responsible for your health and safety on the construction site. The same is true if you were employed under a zero-hours contract.
In any case, your employers should have taken all reasonable measures to protect you from the risk of injury at work, including:
- Conduct regular risk assessments to identify hazards that could lead to accidents;
- Establish and enforce clear safety policies that cover areas such as working at height and using machinery;
- Make sure you have the necessary training and education to understand the safety protocols and how to use the equipment;
- Ensure adequate supervision of work activities;
- Provide appropriate safety equipment and gear, such as hard hats, safety goggles, gloves, and harnesses for working at heights;
- Provide a safe working environment that is adequately maintained and free of hazards;
- Make sure there are adequate welfare facilities and you have sufficient breaks to rest;
- Take the necessary steps to prevent materials or objects from falling;
- Have a well-defined plan for responding to emergencies, such as fires or collapses;
- Keep accurate records of safety training, incidents, inspections, and corrective actions.
If your employer breached their duty of care towards you, you could start a construction site accident claim even if you worked part-time or on a zero-hours contract.
Am I entitled to compensation if I was injured while visiting a building site?
Visitors to building sites are not covered by the same legislation that protects employees in case of injury. However, if you had an accident on a construction site while visiting, you could still be entitled to compensation under the Occupiers’ Liability Act 1957.
Under this Act, property owners must take reasonable measures to ensure you are safe while on their premises. These include:
- Ensure that the boundaries of the building site are clearly defined and displayed
- Carry out good housekeeping to prevent a slip, trip or fall accident
- Provide helmets to visitors and make sure they stay within safe, open areas
- Install scaffolding netting to keep objects and debris from falling
- Display clear warning signs in areas where there is a risk of accidents
- Install CCTV cameras, alarms and barriers to discourage trespassing
- Make sure there is no easy access for unauthorised visitors to the site
- Be especially vigilant about potential threats to children if they are expected to visit the site
If the construction site owner has failed to follow good health and safety practices and you had a construction site accident as a visitor, you might be able to make a claim for compensation.
How much compensation can I claim?
There are two elements to any injury compensation award. Firstly, you will receive an amount for the pain and suffering caused by your injury or illness. In legal terms, this is known as general damages. The amount of compensation will depend on the type of injury and the severity.
You may also be able to recover compensation for loss of amenity, which takes into account the impact the accident had on your ability to perform tasks that you would usually enjoy, such as looking after your children, walking the dog and engaging in sporting activities.
Secondly, you may also be eligible to recover special damages. This award covers the losses and expenses you have suffered due to the accident. Examples include loss of earnings, medical bills, treatment costs, prescription costs and travel expenses. You should retain receipts and other documents as proof to recover compensation for any of these financial losses.
General damages are awarded based on the recommendations from the Judicial College. You can get an idea of how much you could receive by referring to our online compensation calculator.
All construction site accident claims are judged on a case-by-case basis and will vary based on several different factors. To find out how much compensation you could be entitled to, call 0800 470 0474 today for a free case assessment.
Time limits to start a building site injury claim
The Limitation Act 1980 sets a three-year time limit to claim construction accident compensation, starting from either:
- The date of the accident
- The date your injuries were diagnosed, known as the date of knowledge
The date of knowledge applies to injuries or illnesses that develop over time, such as asbestosis, tendonitis and other musculoskeletal disorders. It may also be relevant if you suffered acute trauma due to a fall or another accident but do not become immediately aware of the damage, such as in the case of whiplash.
However, there are some exceptions to this limitation period, such as:
- If a child was injured while visiting a building site, the three-year time limit only begins on their 18th birthday. A parent or legal guardian could claim on their behalf in the meantime.
- The time limit is put on hold if the claimant cannot handle a case due to a lack of mental capacity. A litigation friend could claim personal injury compensation for them at any time.
- If you lost a loved one due to a construction site accident, the three-year time to claim starts from the day of their death.
- If you or a loved one suffered a construction site injury abroad, the claim limitation date could depend on the foreign country’s laws and be much shorter than three years.
We always advise you to start your building site accident claim sooner rather than later. That will give your solicitor plenty of time to gather evidence for your case and ensure all the accident details are still fresh in your mind.
Can I claim construction accident compensation using No Win No Fee?
Yes, making a construction site compensation claim under a no win no fee agreement is possible. This service gives everybody the chance to start legal proceedings if they have suffered an injury due to someone else’s negligence, regardless of their financial situation. That is possible due to the following:
The conditional fee agreement between you and your solicitor
This arrangement states that you do not have to pay any upfront fees for them to take on your case, and there are no hidden charges. If you win compensation for your construction site accident, your solicitor will get a success fee of up to 25% of your settlement. If you lose the claim, you do not have to pay them anything.
The After the Event (ATE) insurance policy your solicitor will take out for you
ATE is legal expenses insurance that will cover all the costs incurred during the claims process if you are not awarded compensation. These include the defendant’s costs, medical reports, court fees, and expert witness costs. The ATE policy is self-insuring, meaning you only pay for the premium if your case is successful.
No win no fee is the preferred way of funding a building site injury claim. You do not have to pay anything upfront for legal representation, and you will not be left out of pocket if your case fails.
Early action is vital – start your claim today.
When making a personal injury claim, you have three years from the date of the injury or accident to start a claim. But it is always a good idea to obtain legal advice as soon as possible following an accident.
By calling 0800 470 0474, a friendly legal adviser can assess your claim and provide you with guidance on your legal right to compensation. To learn more, enter your details into the contact form below or call the freephone number. You can find out within minutes if you have a valid construction site injury claim and receive answers to any questions or concerns you may have about the process of making a claim.