If you've been injured while visiting or working on a construction site, you could be entitled to make a building site accident claim.
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Building Site Accident Claims
If you’ve been injured in an accident on a construction site, you may be entitled to make a building site accident claim for personal injury compensation.
Building site accidents are commonly caused by slips, trips and falls, being struck by falling objects, or manual handling injuries. Employers and site operators have a legal duty of care to take appropriate health and safety measures to protect workers and members of the public.
When health and safety regulations are not followed, employers may be held liable for resulting injuries, which can range from minor sprains and strains to severe fractures and traumatic brain injuries.
To find out if you can start a construction site injury claim, call 0800 470 0472 or request a call back for free legal advice. You could be entitled to compensation for your pain and suffering, as well as any financial losses caused by the accident.
Key points about building site accident claims
- Eligibility: You may be entitled to claim if you were injured while working or visiting a construction or building site.
- Site Operator Duties: Employers and site managers must ensure safe working conditions on site and adequate PPE.
- Time Limit: You generally have 3 years from the accident date to make a building site injury claim.
- Compensation: May cover physical injuries, time off work, medical bills, and long-term care.
- No Win, No Fee: Your solicitor will act on a no win, no fee basis — you only pay a fee if your claim is successful.
Table of Contents
Can I make a building site accident compensation claim?
Yes. If you had an accident while working on a building site, you might be entitled to compensation. Usually, you could make a building site accident claim if you had an accident or learned about a work-related condition in the last three years and:
- Your employer or another party owed you a duty of care.
- They breached their duty towards you by acting negligently.
- Their negligence caused you to suffer an injury.
A free consultation over the phone with a personal injury solicitor can let you know within minutes if you can proceed with a claim and what compensation you could receive for your accident.
Who is responsible for construction accident claims?
Employers are primarily responsible for the health and safety of construction site workers. They must abide by several pieces of legislation to keep workers safe, such as:
- The Health and Safety at Work Act 1974
- The Construction (Design and Management) Regulations 2015
- The Provision and Use of Work Equipment Regulations 1998
The general duties of employers under these laws include:
- Conduct regular risk assessments and take adequate steps to manage hazards.
- Supply and maintain safe equipment and machinery.
- Provide adequate personal protective equipment (PPE).
- Provide adequate information, training and supervision.
- Ensure the safe handling, storing and disposal of materials.
- Ensure safe access to the building site and welfare facilities.
- Hire competent and qualified workers and contractors.
- Provide a safe working environment that is adequately maintained.
If you were injured on a building site because your employer has failed in their legal duties, you may be entitled to make an accident at work claim for compensation.
How long do I have to claim for a building site accident?
Typically, you must start a personal injury claim within three years from the date of the accident. However, the sooner you speak to a solicitor, the easier it will be to gather evidence and build a strong claim.
There are a few exceptions to the three-year limitation date, such as:
- If a victim was under 18 when they were injured, the three-year countdown starts on their 18th birthday.
- If the claimant lacks their mental capacity due to brain trauma or another severe injury, there is no time limit for a litigation friend to make a claim on their behalf.
- If a loved one suffered a fatal injury in a building site accident, a close family member could claim compensation within three years after the loved one’s death.
How do I make a construction accident compensation claim?
If your employer failed to carry out any of their obligations, resulting in you suffering an injury, you might be able to make a construction site accident claim.
The first step of the claims process is a free consultation with a specialist workplace accident solicitor. If your case has merit, they will help you gather all the evidence you need to start your claim, which could include:
- Medical records of your injuries and the treatments you received.
- Photographs of the accident scene and your injuries.
- Contact details of any witnesses to the accident.
- A copy of the accident report you should file as soon as possible after an injury.
- Your notes regarding the date, time and circumstances of the accident.
- Records of the training you received to do your job.
- Evidence of the financial losses you incurred due to the accident.
After preparing all the required documents, your solicitor will send a letter of claim to your employer, informing them of your allegations of negligence.
If they accept responsibility, you can begin to negotiate a settlement. Otherwise, you might have to argue your case before a judge (although this is extremely rare).
How much compensation can I claim for a building site injury?
The amount of compensation awarded in a building site accident claim varies from case to case, depending on two types of damages:
- Special damages are awarded for financial losses and expenses such as:
- Private medical treatments and care costs.
- Travel costs to and from medical appointments.
- Loss of wages and earning capacity.
- Any other related financial expenses you incurred.
- General damages cover physical and psychological trauma and lifestyle changes:
- Physical pain and suffering.
- Mental anguish and psychological trauma.
- Reduced quality of life or life expectancy.
- Scarring and disfigurement.
Below are examples of compensation figures from the Judicial College Guidelines, 18th Edition. The exact amount that you could be awarded will depend on the type and severity of your injuries.
| Injury Type | Description | Compensation |
|---|---|---|
| Brain Damage | Brain damage causing severe physical and cognitive disability, full-time nursing care and significantly reduced life expectancy | £373,000 - £534,000 |
| Asbestos-Related Disease | Asbestosis and pleural thickening with significant respiratory disability and worsening breathlessness | £47,000 - £140,000 |
| Neck Injuries | A neck injury causing chronic conditions and permanent disability | £60,000 - £74,000 |
| Arm Injuries | A less severe arm injury with an expected near-full recovery | £25,000 - £52,000 |
| Hip And Pelvis Injuries | A significant hip or pelvis injury with minor permanent symptoms or disability | £35,000 - £52,000 |
| Leg Injuries | Multiple or complicated fractures or severe crush injuries to one leg | £37,000 - £52,000 |
| Finger Injuries | Severe finger fractures that may lead to partial amputation | Up to £49,000 |
| Vibration White Finger Or HAVS | Vibration white finger or hand-arm vibration syndrome causing considerable work and social impact | £22,000 - £42,000 |
| Hernia Injuries | A direct inguinal hernia with risk of recurrence after repair | £9,300 - £12,000 |
How much will it cost to make a building site accident claim?
If you are eligible for compensation, our team of solicitors will help you claim on a no win no fee basis. This means that your solicitor will take on your case without asking for any upfront fees, and you will only have to pay them if your case is successful.
If you win, your solicitor will deduct a success fee from your compensation. This fee covers the time and effort they put into winning the case and cannot exceed 25% of general damages and past financial losses. If you lose, you do not have to pay them a single penny.
What are the most common construction and building site accident claims?
According to the Health and Safety Executive, most construction injuries occur due to:
- Falls from a height.
- Slips and trips on the same level.
- Accidents involving cranes and other machinery.
- Getting trapped by something collapsing or overturning.
- Getting struck by a moving vehicle or a falling object.
- Coming into contact with moving machinery.
- Handling, lifting or carrying a heavy load.
What are common causes of accidents on building sites?
Some of the most common causes of accidents on construction sites include:
What are the most common construction site injuries?
The most common injuries leading to a construction injury compensation claim include:
Can I still claim if I am a self-employed construction worker?
Yes, you can still make an injury at work claim if you were harmed in a building site accident, even if you are self-employed.
Many construction workers and contractors are classed as self-employed, and construction companies often rely on independent electricians, plumbers, and tradespeople to carry out specific projects.
However, when you accept a short-term or long-term contract with a construction company, you are often treated as their employee for health and safety purposes.
Under the Health and Safety at Work etc. Act 1974, you are owed the same duty of care as a full-time employee. This means that your employer is responsible for your safety and well-being and liable for compensation if you are injured because of their breach of duty.
Could I be sacked for making a construction injury claim?
If you are injured in a construction site accident because of your employer’s negligence, you have the right to make a compensation claim. Your employer cannot lawfully dismiss you or take any disciplinary measures against you simply for doing so.
If they retaliate, a specialist solicitor can help you make a further claim at an employment tribunal for unfair or constructive dismissal.
Can I claim if I was injured while visiting a building site?
Yes, you may be able to claim for an accident or injury suffered as a visitor on a construction site.
Construction sites are dangerous places not only for the workers but also for occasional visitors or passers-by. According to the Occupiers’ Liability Act 1957, the building site owner must keep their property safe and free from hazards for all members of the public.
Accidents and injuries to visitors could be caused by:
- Falling objects – including equipment, scaffolding or materials. Employers must install scaffolding netting and chutes and provide all visitors with the correct PPE.
- Openings and holes – these should be properly fenced off and guarded, and warning signs should indicate the danger to visitors.
- Trespassing – to discourage trespassing, employers should install CCTV cameras and alarms, safety barriers and anti-climbing fencing.
- Slips, trips, and falls – these types of accidents can be caused by spillages, debris, or equipment left carelessly about.
- Vehicle accidents – heavy lifting equipment, cranes or forklifts could cause severe damage by coming into contact with a visitor, pedestrian or another road user.
- Dangerous materials – include heavy building materials, sharp objects, wires, flammable materials and other hazards that could cause injuries to visitors.
- Noise and dust – may be difficult to avoid, but employers should closely follow the relevant regulations to control noise and dust levels to minimise the potential impact.
If you were injured on a building site, whether as an employee or a passerby, you might be entitled to compensation. To find out if you can make a building site injury compensation claim, call 0800 470 0472 or request a call back for a free consultation with a legal adviser.
