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Construction Accident Claims

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The Legal Helpline Team

Our team is made up of experienced lawyers, writers, editors and journalists specialising in the legal sector

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Unfortunately, construction is one of the most hazardous fields in which to work with more fatal injuries than in any other industry. Employers are responsible for protecting their employees’ health and safety when they are at work. Therefore, construction companies should take every reasonable precaution to protect you from a construction accident.

Unfortunately, despite regulations to protect workers, building site injuries do happen. If you have suffered a construction site injury that was not your fault, you may be eligible to make a compensation claim.

You could make a building site accident claim for new injuries or long-term health conditions. Legal Helpline can help you claim compensation for your injuries. Firstly, we have a free claims helpline that you can call to speak to an advisor about making a claim. Moreover, we can provide you with a skilled lawyer from our panel to handle your compensation claim.

To see if you can claim compensation for a building site injury, please get in touch with us using the details below:

A construction worker applies a bandage to a colleague with a knee injury

Jump To A Section

  1. What Is A Building Or Construction Accident?
  2. Common Types Of Construction Accidents
  3. Common Causes Of Construction Accidents
  4. Construction Site Health And Safety
  5. How Much Could I Claim For A Construction Accident?
  6. What Special Damages Can I Claim?
  7. Accidents In Construction – Claim Time Limits
  8. Make A Construction Accident Claim With A No Win No Fee Solicitor

What Is A Building Or Construction Accident?

A construction accident could be an accident on a building site or in another construction industry field, such as civil engineering.

Because construction is a hazardous industry, employers must take special precautions to prevent accidents at work.

Employers owe their workers a duty of care. A duty of care means that the employer is responsible for protecting their worker’s health and safety while they are at work. It is common for workers in the construction industry to be contractors, self-employed or casual workers. However, the duty of care applies to anyone on a construction site, not just employees.

When Could You Claim For Compensation?

Under the Health and Safety at Work etc. Act 1974, employers owe a duty of care towards their workers. The employer is responsible for ensuring that the working environment is safe and hygienic for their workers. Consequently, the employer should take reasonable steps to protect workers from potential hazards while they are in their work area and performing work duties.

You may be eligible to start a construction accident claim if:

  • Firstly, a construction company should’ve owed you a duty of care.
  • Furthermore, the construction company breached that duty, causing an accident on site.
  • And finally, the accident was a direct cause of your injuries.

A solicitor could help you when establishing the above.

Common Types Of Construction Accidents

What are the 4 four main causes of accidents in the construction industry? According to the HSE, the following are the four most common types of construction accidents causing non-fatal injuries.

Slip, Trip And Fall Accidents

Slips, trips, and falls on the same level cause 26% of construction accidents. A trip and fall accident can happen because of debris left on the floor or loose wires. Similarly, a slip and fall accident can happen in adverse weather if the construction workers do not have the necessary footwear. Falls can cause lower back injuries. Or the worker may suffer a fracture to their ankle or knee.

Handling, Lifting or Carrying Accidents

Construction workers are often injured while carrying out manual handling activities. These accidents account for 19% of non-fatal construction site injuries. Manual handling accidents can result in musculoskeletal injuries, such as a slipped disc.

Falls From A Height

Construction workers often work on raised platforms or use ladders to reach high places. A worker can fall off a ladder if it is not properly set up or is faulty. Similarly, a raised platform can collapse between workers’ weight, causing them to fall from one level to another.

Accidents involving falls from a height account for 19% of construction accidents causing non-fatal injuries. A fall from a height can cause back injuries, neck injuries and fracture injuries.

Moving, Flying Or Falling Objects

A worker being struck by moving or falling objects can cause traumatic head injuries. In serious cases, a construction worker may suffer from brain damage. If a construction worker has not been provided with a hard ha where it’s necessary, this can worsen their head injuries.

Common Causes Of Construction Accidents

Construction companies have a responsibility for making sure that construction sites are safe for everyone on them. Unfortunately, the following mishaps can cause a construction accident.

Inadequate Breaks

Employers should provide their workers with adequate breaks in all fields. Therefore, construction workers must have adequate breaks, especially driving vehicles or operating potentially dangerous machinery. If a worker is fatigued at work, they may make an error that leads to a machinery or vehicle accident.

Inadequate PPE

Workers should be provided with personal protective equipment (PPE) by their employer if it’s necessary. For example, a worker may require specialist work boots and a hard hat. Or they may need eye protection, such as safety goggles, to protect their vision. If a worker works at a height, then they may need a safety harness. A lack of PPE can mean that a worker is more likely to be injured.

Exposure To Hazardous Substances

A builder may be exposed to hazardous substances on a construction site. For example, lead is a poisonous substance that is still used in roofing. If lead enters the body, over time it can damage the nervous system.

Therefore when hazardous substances are used, employers must take steps to protect construction workers.

Construction Site Health And Safety

As part of its duty of care, a construction company should take measures, such as carrying out regular risk assessments and providing protective equipment when appropriate, to ensure that the construction site is safe for employees.

There is industry-specific legislation about health and safety standards which construction companies should follow as part of their duty of care. This includes The Control of Noise at Work Regulations 2005 to safeguard workers from noise-induced hearing loss.

The Construction (Design and Management) Regulations 2015 also deals with how risks should be dealt with when planning construction projects. Construction companies should follow relevant regulations to ensure that they foster a safe working environment.

Personal protective equipment (PPE) can mitigate risks in the working environment, such as being struck by a falling object. However, PPE should only be used as a last resort if the hazard can’t be reduced or removed.

Employers are responsible for ensuring workers are provided with the correct PPE, such as a hard hat or protective work boots.

Moreover, employers are also responsible for ensuring that workers are properly trained to carry out their jobs safely. You may be eligible to make a construction accident claim if you have been injured because of inadequate PPE provided by your employer or because you weren’t provided adequate training at work.

For more advice about when you may be eligible to claim for a work construction accident, please contact our advisors for free today.

How Much Could I Claim For A Construction Accident?

Compensation for building site injury claims can vary. For example, it can fluctuate depending on the severity of your construction site injuries.

To prove the severity of your injuries (and that the accident caused or worsened them), you’d attend a medical assessment. An independent medical professional would assess your injuries and create a report that a solicitor could use as evidence in a claim. They could also use it to help value your injuries.

If you would like an estimate that is tailored to your claim, please call our advisors. They give no-obligation, free legal advice.

What Special Damages Can I Claim?

If you claim compensation for a construction accident, you could receive up to two heads of claim. General damages are compensation for the pain, suffering and loss of amenity that your injuries have caused.

Special damages are compensation to repay your expenses associated with your injuries and the accident. For example, you may wish to claim compensation to cover:

  • Your travel costs (to and from the hospital, for example)
  • Medical bills
  • Care costs (even if gracious care was provided by family or friends while you recovered)
  • Loss of income if you had to take time off work to recover, for example

And if you lose mobility as a result of your building site injury, you could receive funds to pay for the cost of adapting your home or mobility equipment.

You’d need to prove these financial losses. Consequently, you can do this by providing documents such as receipts, bills or bank statements.

Accidents In Construction – Claim Time Limits

If you’ve been injured in a construction accident, then there are certain time limits you need to abide by to start a claim. Generally, you’ll have 3 years from the date of an injury to begin the process. This is in accordance with the Limitation Act 1980.

There can be variations on this time limit. To give an example, you could use the date of knowledge as the start of your 3-year time limit if you aren’t initially aware that you’ve been injured.

In some instances, the claimant may need to be appointed a litigation friend to claim on their behalf. If so, then the time limit is suspended.

If children are injured in construction accidents, then the time limit begins once they reach adulthood. For those with a reduced mental capacity, the claimant needs to have made a suitable recovery in order for the time limit to begin.

For more information on claim time limits for construction site accidents, get in touch with our advisors today.

Make A Construction Accident Claim With A No Win No Fee Solicitor

We can connect you with a No Win No Fee solicitor to help you with your accident at work claim. A No Win No Fee solicitor will handle your compensation claim without charging you a solicitor’s fee beforehand. Instead, they would charge a success fee on the condition that they win your claim.

This success fee is only taken after the compensation comes through. What’s more, it’s capped by law.

If the claim loses, you don’t have to pay any solicitor fees at all.

Before your solicitor starts working on your claim, you would sign a Conditional Fee Agreement to formalise this. (This is also known as a No Win No Fee agreement.)

Many claimants prefer making a No Win No Fee claim because it’s a more affordable way of funding the services of a solicitor. What’s more, there is less risk financially as the success fee payment is only due if you win your claim.

To learn more about making a No Win No Fee claim, please read our online guide. Legal Helpline can help you if you have been injured in a construction accident that was not your fault. Please feel free to:

  • Call us on 0333 000 0729 to speak to an advisor about your prospects.
  • Alternatively, chat to us about your claim using the chat popup on your browser.
  • Or you can email us using our online enquiry form.

injured construction worker lying on floor with ladder fallen on top of him

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