FAQs

Can I make a building site accident claim?

If your injury was caused by someone else's negligence, you may be entitled to file a building site accident claim. You will typically be eligible if your employer failed to offer a safe working environment. However, if anybody else was responsible, you may still be eligible to start a construction site accident compensation, depending on the type and severity of the negligence that caused your injury.

If your workplace injury or sickness was diagnosed within the last three years, you will likely be eligible to file a claim. Any victim who lacks the mental capacity to make a claim is not constrained by a time limit to start making the claim. You can also claim on behalf of someone else if they are unable to claim for those reasons, or if they are under 18.

Claims are often made on a no-win, no-fee basis, which means you will not incur an additional financial burden in the event of an unsuccessful claim.

If you were partly responsible for your accident, you may still be able to claim. A ‘contributory negligence' claim might reflect your liability in the circumstances but award compensation from another responsible party. For example, if you were 30% to blame, you may get 70% of the compensation you would receive if someone else was wholly responsible.

Even if you think you were partly at fault for an accident, you have nothing to lose by contacting us to find out whether you can claim. To learn more about your eligibility for building site accident compensation, call us for free on 0161 826 3824 or use our secure online form to arrange a call back.

What are the most common types of accidents on building sites?

The Health and Safety Executive (HSE) publishes annual statistics for construction sector accidents. Recent statistics identified the main causes of 59,000 reported non-fatal construction accidents as:

• Slips, trips or falls - 26%
• Falls from height - 19%
• Manual handling injuries - 18%
• Struck by falling, flying or moving object - 12%

Other types of accidents can also lead to building site accident claims, including:

• Equipment failure
• Electric shocks
• Exposure to hazardous substances

The HSE’s construction statistics also include work-related illnesses and conditions that develop over time. The main categories include musculoskeletal disorders (pain in the back, knees, etc.), asthma, cancer, COPD, dermatitis, and mental health conditions like stress, depression or anxiety.

You may be able to claim construction injury compensation if you have suffered due to a one-off accident or developed an illness or condition over a period of time.

What are the most common causes of accidents on construction sites?

Accidents on construction sites have a variety of causes. There are several risks in this sector, and it is your employer's legal obligation to keep you as safe as possible.

Some of the most common examples of negligence that can lead to construction site injuries are as follows:

Failure to carry out thorough risk assessments

Employers must conduct risk assessments to detect possible hazards that employees might encounter. They should then take reasonable efforts to eliminate or mitigate these potential hazards.

For example, a risk assessment may highlight a risk of injury from falling objects. A system of exclusion zones, warning signage and procedures for securing materials might reduce the risk.

A lack of safety training

Employers should provide suitable health and safety training to workers on any activity that could pose a specific risk. Where this is not done, injuries are much more likely, and if construction accident lawsuits follow, the employer is more likely to be found to have acted negligently. New and inexperienced employees, or those exposed to a new hazard or higher level of risk, may need additional training.

Poor site conditions

Poor site maintenance can cause many types of accidents, including a slip, trip or fall. Hazards may include building materials and waste left in unsafe places, wet, slippery or uneven surfaces, trailing cables and uneven levels.

Employers must identify and address these issues immediately. Where a failure to keep a site safe causes you an injury, you will likely have a right to make a building site accident claim.

Poor electrical safety

The use of cordless power tools has reduced certain risks and improved electrical safety overall, but there are still dangers to consider. Electric shocks and burns from damaged cables and faulty equipment are common causes of injury and often lead to claims for compensation.

Wet conditions amplify the risks posed by electricity, so there must be additional precautions taken to protect employees, in the form of correctly-rated fuses, circuit breakers or other devices.

Working without a break

Working while tired can be very dangerous on a construction site, particularly if you are responsible for operating heavy or dangerous machinery.

By law, you are entitled to regular breaks and your employer should be aware of this. Failing to take a break could cause you to become tired, which can then lead to accidents and injury, not only to yourself but to others too.

Repetitive work

Carrying out the same task for too long can contribute to a repetitive strain injury (RSI). This can happen when someone repeatedly uses the same hand or arm action. Using hand-held power tools for prolonged periods can also lead to an RSI, or a condition known as hand-arm vibration (HAV) syndrome. Employers should be aware of this problem and take steps to mitigate this risk.

Faulty equipment

Another significant cause of construction site accidents is faulty equipment. It is critical that equipment is carefully evaluated for safety before use, as even minor flaws might render the device harmful.

On a construction site, equipment comprises everything you need to undertake your work, such as scaffolding, safety harnesses, ladders, and machines. It is not only the most dangerous machinery that can cause accidents; as such, it is your employer's job to examine all equipment on a regular basis, discover any flaws, and replace equipment as needed.

Inadequate personal protection equipment (PPE)

Employers should eliminate the danger of an accident as much as is feasible. Following PPE Regulations can be the second line of defence against injury if the risk of accidents cannot be brought to zero.

Workers should dress appropriately for the work at hand. High-visibility outerwear, head protection, ear defenders, safety boots, gloves, and respirators are all part of the package of PPE that construction workers may need. Injury and construction site accident claims may increase if there is a lack of PPE compliance.

Hazardous substance exposure

Dangerous substances and chemicals are frequently present on building sites, and exposure can create major health issues that do not manifest themselves until later in life. Asbestos, for example, may cause cancer and is possibly fatal, but it can take up to 20 years before symptoms emerge.

If sufficient safety precautions were not followed, or you were not supplied with the necessary training or safety equipment to reduce the risks that hazardous substances posed to your safety, you may be eligible to seek compensation for your injuries.

If you have an asbestos-related disease, such as mesothelioma or asbestosis, and you believe it was caused by your work, you may be able to make a compensation claim. Asbestos-related diseases, such as asbestosis and mesothelioma, have extensive latency periods, which means the disease does not manifest itself for years after asbestos exposure. As such, finding the employer at fault can be complicated, but it is possible. You should contact expert legal advice to understand your options with asbestos claims.

Inadequate safety measures when working at a height

Unfortunately, workers are not always given the protection they need. Building site accident claims for falls from scaffolding, ladders, roofs and other heights are all too common. A lack of guard rails, harnesses and other fall protection systems can cause workers to fall from height, which can lead to serious injury and in some cases, death.

Employers are responsible for ensuring they follow safety regulations. The Work at Height Regulations 2005 gives employers rules to follow in the UK. The HSE's ‘Working at height' guide also provides specific advice on suitable safety equipment.Failure to follow these rules renders an employer responsible for an injury.

Who is responsible for construction site accidents?

It is easy to blame yourself after a construction accident. You may believe that you could have avoided your accident if you had done something differently, or that accidents are simply a part of your employment. We understand this feeling, having worked with many clients who have been injured in construction accidents, but a feeling of responsibility is different from legal liability.

According to the Health and Safety Executive, your employer and site manager have a legal 'duty of care' to ensure that the construction site you work on is safe and that you are protected from preventable accidents.

Their responsibilities include supplying you with any necessary, appropriate, and up-to-date safety equipment and guidance, and following any regulatory standards and requirements. This covers the Health and Safety at Work etc Act 1974 and the Construction (Design and Management) Regulations 2015. Therefore, even if you feel that you caused the accident, the circumstances may have been created by your employer’s failure to meet health and safety regulations.

The HSE and ROSPA provide employers with information on their duties. Employers must understand and fulfil their responsibilities. Your safety should be their top priority, and if something goes wrong due to carelessness, you have the right to sue.

If your company fails to follow any of its legal obligations, they are likely to be found liable for your accident.

Construction injury compensation claims are occasionally filed against individuals other than the employer if they were the cause of the accident - a site manager or owner might be at fault, for example. Claims for faulty equipment may be filed against the manufacturer or supplier. Your construction injury lawyer will assist you in determining who was to blame.

We understand that you may be unclear if you are entitled to file a building accident compensation claim, but we are here to assist you. Contact us today for tailored guidance based on your circumstances.

Can I still claim if I am a self-employed construction worker?

An individual’s legal rights as an employee are the same if they are self-employed or work as a contractor. Just like a firm employee, a self-employed construction worker can file a construction accident claim against their employer.

If you are an agency worker, responsibility for your safety is shared by the agency and the corporation that operates the location. Our construction site accident attorneys have years’ worth of expertise in these cases and can assist you in obtaining a favourable conclusion.

How much compensation can I claim for a building site injury?

The amount of construction injury compensation you may be entitled to is determined by the severity of your injury and its impact on your life, your future, and the lives of those around you.

We understand that your injuries may have led you to miss work, which can be costly and add stress to your position. In severe circumstances, it may jeopardise your mortgage, rental housing, and savings.

The total compensation amount will factor in any financial losses you made due to your injury. For example, if you lost earnings by taking time off work to recover, this will form part of the overall calculation. In many cases, we can apply for interim payments before the final compensation is awarded, which can help you to avoid any financial difficulties arising from mortgage or rent payments and cover day-to-day expenses relating to your injury or medical care.

If your injuries are exceptionally serious or life-changing, you will almost certainly be compensated for the impact your accident will have on your future. For example, if your injury restricts when you can work, the types of work you can do, or prevents you from working altogether, the long-term financial implications may entitle you to more compensation.

Other costs to consider if you have sustained a major injury include:

• The cost of care and support
• Adaptations to your home, car or daily routines
• Compensation for your inability to continue spare time activities, for example if you played a sport

When you file a claim with Graham Coffey & Co., your solicitor will fight tirelessly to obtain the greatest possible amount of compensation for your injury. As part of your claim, they will also assess whether your loved ones are entitled to compensation; for example, if they cared for you during your treatment and recuperation, they might be rewarded for their time, especially if the service was provided for free.

How much will it cost to make building site accident claims?

We specialise in no-win, no-fee cases. This type of claim gives you the reassurance that if you do not win your case, you will owe us nothing. It is a risk-free method of obtaining the compensation you deserve, which means that you have nothing to lose by pursuing a claim.

There are no upfront or hidden fees if your solicitor accepts your case. Any general fees are covered throughout your case, and you will not be charged if your claim is unsuccessful.

If your claim is successful, in most cases the other party must pay your fees and expenses. Any difference in their contribution will be deducted from your compensation amount.

When you make a claim with Graham Coffey & Co. Solicitors, there are no surprises in the process, and you will know exactly what to expect from the outset.