By Jo Anderson. Last Updated 30th January 2024. If you work in the construction industry, you’ll no doubt be familiar with building sites. There are many risks and hazards in these environments that must be controlled by employers. If they fail to do so, you could make a building site accident compensation claim.
In this guide, we explain how our No Win No Fee solicitors can help you claim construction accident compensation. We also explore potential payout amounts.
If you’d like to take legal action, you can reach us any hour of the day, any day of the week, on 0800 073 8801.
How To Claim Compensation For An Accident On A Building Site
Select a section
- Can I Make A Building Site Accident Compensation Claim?
- Time Limit For Making A Building Site Accident Claim
- Examples Of Negligence That Could Lead To Building Site Injuries
- Evidence For A Building Site Accident Claim
- Building Site Accident Compensation – Examples Of Payouts
- No Win No Fee Building Site Accident Claims
- Learn More About Construction Accident Claims
Can I Make A Building Site Accident Compensation Claim?
If you have had an accident on a construction site, you might be wondering if you can claim compensation. In order to form the basis of a valid accident at work claim, you must be able to demonstrate the following:
- You were owed a duty of care
- They breached their duty of care.
- You suffered an injury because of this.
When you are working on a construction site, your employer owes you a duty of care, which means they are responsible for your health and safety. The Health and Safety at Work etc. Act 1974 (HASAWA) outlines this duty, and the steps they must take to keep you safe while working.
If you suffer an injury due to your employer failing to adhere to their duty of care, you may be eligible to claim building site accident compensation.
To check your eligibility to claim for an accident at work, please call an advisor.
Time Limit For Making A Building Site Accident Claim
When seeking construction accident compensation, as well as meeting the eligibility criteria, you will also need to ensure that you start your claim within the relevant time limit. The limitations that apply to personal injury compensation claims are set out in the Limitation Act 1980. It states that you will generally have three years to start a personal injury claim from the date of the accident.
However, there are some exceptions that apply to this limitation period. For example, those under the age of 18 will be unable to make a construction accident claim until their 18th birthday. Before this data arrives, a litigation friend could make a claim on their behalf. If this does not happen, the claimant will have three years to start their claim from their 18th birthday.
For those who lack the mental capacity to make a claim for a construction injury, the time limit is suspended indefinitely. Again, a litigation friend could make a claim on their behalf while the time limit is suspended. If a claim has not been made, and the injured party recovers this mental capacity, they will have three years to start legal proceedings from the date of recovery.
If you are unsure whether you are within the time limit to make a construction accident claim, you can contact our advisors today.
Examples Of Negligence That Could Lead To Building Site Injuries
There are lots of different accidents that could occur on a building site, but not all of these would result in building site accident compensation payouts. As mentioned, you would need to show that your accident and resulting injuries occurred due to your employer breaching their duty of care.
Examples of accidents that could lead to building site injuries could, therefore, include:
- You fell from a scaffold that your employer did not make sure was constructed safely and properly. This could cause you to suffer a serious back injury.
- Your employer didn’t provide you with a hard hat, despite the need for one being identified, and something fell on your head, injuring you.
- You were not given training on how to lift loads safely and suffered a back injury.
- A colleague was not trained on how to operate a forklift, yet your employer still asked them to use one. Due to this, they crash into you and cause you to suffer a leg injury.
- Your employer failed to maintain a woodchipper that is used on the building site. The machine malfunctions, and you suffer an eye injury and facial scarring due to flying wood debris.
These are just a few examples. If you would like to check your eligibility to make a building site accident claim, you can contact a member of our advisory team.
Evidence For A Building Site Accident Claim
If you are eligible to claim compensation for an accident on a building site, you will need evidence to support your claim.
Evidence that could be useful when making a construction accident claim could include:
- Details of witnesses – If someone saw the building site accident you were injured in, they could later provide a statement about what they witnessed.
- Photographs/footage of the accident – Photographs of the accident scene and any CCTV footage of the accident taking place could help support your claim.
- Medical evidence – Your medical records, for example, could state the injuries you have suffered and the treatment you have required for them.
- Proof of financial losses and costs – If you intend to claim compensation, you will need evidence of the costs and losses you’ve faced that were caused by your injuries, such as receipts and bank statements, for example.
Contact our advisors today for further advice on the evidence you could collect for your specific case. They may also connect you with one of our solicitors, who could help you gather additional evidence.
Building Site Accident Compensation – Examples Of Payouts
There are many different things you will be able to claim for if you have suffered an injury at work. This includes both the physical and psychological damage, as well as loss of income and any other out-of-pocket expenses you have experienced.
Irrespective of the type of claim you are launching, you will probably want to know how much money you are going to receive. Firstly, it is vital to stress that we can only ever give you a rough estimate. This is because all claims are handled on a case-by-case basis to ensure fair amounts are awarded.
When making a personal injury claim, you can claim for the physical and psychological harm the injury has caused, as well as potentially claiming for any related financial losses too. These are known as general damages and special damages, respectively.
The Judicial College Guidelines (JCG) is a publication that was last updated in 2022. We’ve included some example figures from the JCG in the table below. However, these amounts are not guaranteed for your specific claim, as each case is assessed individually.
| Injury suffered | Notes | Typical payout amount |
|---|---|---|
| Multiple serious injuries inclusive of special damages. | Serious combinations of injuries leading to substantial pain and suffering as well as financial loss, such as loss of pay. | Up to £1,000,000+ |
| Very severe brain damage (a) | The most severe brain injuries with little to no ability to react to environment. | £282,010 to £403,990 |
| Paraplegia | Level of compensation would depend on life expectancy, age, sexual function, and independence, for example. | £219,070 to £284,260 |
| Severe back injury (a) (i) | Involving damage to nerve roots and spinal cord. | £91,090 to £160,980 |
| Leg injuries (b) (i) | The most serious injuries short of amputations. | £96,250 to £135,920 |
| Severe neck injury (a) (ii) | Injuries involving serious fractures and damage to discs in the cervical spine, resulting in some disability. | £65,740 to £130,930 |
| Arm Injury (b) | Causing substantial disablement. | £39,170 to £59,860 |
| Hand injuries (R) | Loss of thumb. | £35,520 to £54,830 |
| Severe shoulder injuries | Involving neck and brachial plexus damage. | £19,200 to £48,030 |
If you’d like the value of your injuries sustained in a building site accident assessed more accurately, get in touch with our advisors today.
No Win No Fee Building Site Accident Claims
If you are eligible to make a personal injury claim following an accident on a building site, you may wish to seek help from a professional. Our building site accident solicitors could assist you in gathering evidence, and they could present your case to the liable party as well as negotiate compensation on your behalf.
One of our solicitors could offer to take on your claim under a Conditional Fee Agreement (CFA), a type of No Win No Fee arrangement. This means you would not have to pay them anything upfront for their work. You will also not be required to pay any ongoing service fees.
If your construction accident claim succeeds, the solicitor will take a success fee from your compensation. This will be a small, legally capped percentage of your settlement. Should your claim fail, your solicitor would not typically be paid for their work on your claim.
To check if one of our solicitors could work on your case under a No Win No Fee agreement, please contact an advisor. They can be reached by:
- Calling 0800 073 8801
- Contacting us online.
- Using our live chat.
Learn More About Construction Accident Claims
You’ve reached the final section of our guide to building site accident compensation claims. In this final part, we’ll supply you with some links to other guides you may find useful, as well as answer some frequently asked questions about having an accident on a building site.
- Accident At Work Claim Compensation Amounts – Find out how much you can claim for an accident at work.
- GB accident at work information – This link takes you to a publication on the amount and type of fatal injury statistics which has been provided by the UK Government’s HSE.
- What symptoms might you have? – This is the link for the NHS symptom checker. This can assist those that have sustained an injury and are experiencing symptoms, which they would like further information about.
- A Guide to Dangerous Machinery at Work Injury Claims – Were you injured because of dangerous machinery? Our guide can help you decide on your next steps.
- Back Injury at Work Compensation Claims Guide – Back injury can be debilitating and, if caused by your employer’s actions, you could make a personal injury claim.
- How Much Compensation Can I Claim for Stress at Work? – Stress can cause untold psychological harm. You don’t have to suffer in silence. Read our guide to see what you could do next.
- My Accident Was Not Recorded In The Accident Book, Can I Still Claim? – if your accident at work hasn’t been reported in the work accident book, this guide offers advice on what to do.
If you need any more help and support in respect of building site accident compensation claims, please get in touch.
