Construction and building sites are among the most hazardous environments to work in, presenting ongoing risks to those who work on them.

If you’ve suffered an injury through no fault of your own on a building site, contact our no win no fee accident at work solicitors to understand your legal rights to claim compensation.

What is a construction site accident claim?

A construction or building site accident claim is a legal action taken to recover compensation for injuries sustained while working under your employer’s duty of care.

To receive compensation, it must be proven that your employer’s negligence in providing a safe working environment caused the accident that led to your injuries.

Our specialist solicitors have over two decades successfully representing people who have been injured on construction and building sites through no fault of their own. If you have been injured, contact us today to learn about your legal rights.

When can I make a construction accident claim?

Typically, you can make a construction accident claim within three years of the date of the accident, or when you became aware of your injuries.

You may be able to claim for your accident under the Health and Safety at Work Act 1974 or a number of regulations specific to the construction industry.

It is your employer’s duty of care to maintain a safe environment, whether you’re a full-time employee, a contractor or self-employed.

You have a legal right to claim compensation for an accident on a building site if the accident was not your fault and was caused by your employer’s negligence. Your rights are the same whether you’re working on a commercial site or on a residential building site.

Who can claim for a construction site accident?

Anyone who has been injured on a building or construction site through no fault of their own has a right to claim compensation.

This could include, but is not limited to, employees, subcontractors, self-employed contractors, foremen, site visitors, as well as a wide range of on-site tradesmen, such as labourers, bricklayers, scaffolders, joiners and carpenters, plumbers, electricians, and painters and decorators.

What types of construction site accidents can I claim for?

You can claim for any accident on a construction site as long as someone else’s negligence caused it. The most common types of claims we see include:

• Slips, trips and falls
• Injuries suffered after falling from height, including scaffolding
• Injuries caused by falling objects
• Injuries caused by moving vehicles, such as cherry pickers and forklift trucks
• Injuries caused by defective equipment and faulty machinery
• Manual handling accidents, including back injury claims
• Injuries caused by inadequate training
• Burn injuries
• Crush injuries
• Electric shocks

Who is responsible for my safety on a building site?

Each building site is unique, but in most cases, the responsibility for your safety while on site primarily falls on your employer or contractor, the site manager, the client, and, in some cases, your fellow employees.

Depending on the site, responsibility may be shared among multiple parties. For example, the client may oversee the contractor, who is responsible for ensuring all subcontractors provide a safe environment and adequate training. Additionally, fellow employees must adhere to health and safety guidelines when working on-site.

Whoever is responsible for your safety has a legal duty to provide a safe working environment, including well-maintained equipment, proper protective gear, and adequate training.

As part of your employer’s duty of care, they should, where applicable:

• Provide training on how to do your job safely, including health and safety training.
• Carry out regular risk assessments and eliminate identified hazards wherever possible.
• When required, provide protective clothing or equipment.
• Ensure all equipment is adequately maintained and repaired when needed.
• Keep the workplace clean, tidy and organised, especially after spillages.
• Display appropriate hazard warning signs when necessary.

If your employer hasn’t met the legally required level of duty of care, and you have been injured as a result, you may have a legal right to claim compensation for their negligence.

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

The amount of compensation you may receive for an injury on a construction site will depend on the severity of your injuries and their impact on your life.

Compensation for minor injuries could be around £2,000, while compensation for more serious injuries could be upwards of £200,000.

Compensation is awarded based on the level of pain and suffering you may have experienced, loss of income and any expenses, including medical expenses, you may have incurred.

Speak to our specialist accident at work solicitors today, and we will be able to assess your specific claim and explain your legal rights, including how much compensation you may be entitled to.

What is the average amount of compensation for a construction site claim?

There is no fixed average compensation amount for an accident at work because each claim is unique. The level of compensation awarded may vary considerably based on the part of your body that was injured, the severity of your injuries, the impact on your life and any financial losses.

How is compensation calculated for construction site accidents?

Compensation claim amounts for construction and building site accidents are calculated by combining the compensation amounts you may be legally entitled to for general damages and special damages.

What are general damages for construction site claims?

General damages in a construction site claim refer to the amount of compensation awarded for pain, suffering and loss of amenity, sometimes known as PSLA. Compensation for general damages considers both the physical and psychological impact the injury may have caused, including consideration for the loss of enjoyment of life and the ability to participate in day-to-day activities.

General damages are calculated from the Judicial College Guidelines. These guidelines are used as a reference point for accurately valuing your claim.
In addition to claiming for general damages, you can claim for special damages.

What are special damages for construction site claims?

Compensation for special damages for construction and building site claims is awarded for expenses you may have incurred or may incur in the future as a direct result of your injuries.

The amount of compensation you may receive for special damages may include, but is not limited to:

• Any loss of income or potential future income, including pensions
• Any medical costs associated with your injury, including rehabilitation and ongoing medical treatment
• Any costs related to adaptations you may need to make to your home
• Any costs for the care you may have or will need to receive, even if a family member or friend provides this.
• Any out-of-pocket expenses you or anyone who has cared for you may have incurred.
• Any travel and motor expenses, including the cost of travel to and from appointments and parking costs.

What is the time limit to make a compensation claim for a construction site accident?

In most claims resulting from accidents on building sites, you will have three years from the date of the accident or the date you became aware of your injuries. For the latter, your injuries will need to be diagnosed by a medical professional.

The three-year period is set by the Limitation Act 1980. However, there are exceptions. These include:

The person injured lacks the mental capacity to claim

The timeframe for claiming is extended until the person can claim. If this is not possible, a trusted family member may claim on their behalf.

The injured person was a child

The time limit for minors to claim is paused if the injured person was under the age of 18 at the time of the accident. They will have up to three years after their 18th birthday to start their claim. Alternatively, a parent or legal guardian can claim on their behalf within the same period.

The accident proved fatal

In these extremely unfortunate circumstances, the three-year time limit starts from the date of death rather than the date of the accident.

No win no fee construction site accident claims

All clients represented by Beacon Law are represented on a no win no fee basis.

Often known as a Conditional Fee Agreement (CFA), no win no fee provides reassurance to those who have suffered an injury that they will be at no financial risk when making a claim.

As part of our no win no fee agreements, clients are protected from any upfront legal costs or hidden charges and can focus on recovering from their injuries without the stress of any financial risk.

A fee, sometimes known as a success fee, will only be paid once your claim is successfully settled. The amount is usually a small percentage of the total compensation amount. We will agree on this before legal proceedings begin. This payment is to compensate your solicitor for their time and work put into assisting with your case.

In some cases, we recommend taking out an After The Event (ATE) insurance policy. This protects you in the rare instance that the claim is unsuccessful. An ATE policy means you have no upfront costs and nothing to pay if you lose the case.

Beacon Law provides complete transparency with how we charge our clients. All fees and costs will be explained at the beginning of the claim process.

How much does it cost to make a no win no fee claim for a construction site accident?

Our no win no fee legal services for claims after an accident on a construction site mean you will not have any upfront costs and will not pay a penny if your claim is unsuccessful.

If your claim is successful, the person you are claiming against will usually pay the majority of the legal costs, and you will only have to pay the agreed fee at the beginning of the claim process. Typically, this fee is less than 25% of the compensation you may receive.

If you are a member of a trade union, you may be able to receive free legal advice and representation as part of your membership.

What do I need to prove when claiming for a construction site accident?

To successfully claim for compensation following a construction site accident, you must prove that your employer’s negligence caused your injuries.

With the help of our solicitors, we will need to show that your injuries were caused by your employer’s breach of their duty of care to you and that you have evidence to support your claim. This is sometimes known as “causation.”

We will need to support your claim with evidence. Our solicitors may ask for the following information when you contact us.

• A copy of the accident report that was filed in your company’s accident report book
• Witness statements from colleagues or anyone who saw the accident and is happy to provide a statement.
• If available, photographs or video of the accident scene, including CCTV footage.
• Any information, such as workplace safety records or evidence that risk assessments were not conducted or that maintenance of equipment was not carried out to the legal requirements
• Investigate if there have been any similar accidents or complaints that may be relevant to your accident.
• Medical records from your GP or hospital, you may have visited after the accident, including any treatment you may have received or are currently receiving.
• Records of any financial losses incurred because of your accident.
• Do not worry if you do not have all of this information. Our solicitors can help compile this information on your behalf, which will help to build the most comprehensive case possible to support your claim for compensation.

How long does a construction site injury claim take to settle?

The length of time it takes for a construction accident claim to be settled varies depending on the complexity of the case.

Straightforward cases, where liability can be clearly established, may settle between 6-9 months, while more complex cases can take more than 12 months.

As a general guide, the time it takes to settle a claim will depend on how easily liability can be established, followed by how quickly both parties can agree on an accurate amount of compensation to be awarded.

What are the rules and regulations for safety on construction and building sites?

There are a number of legal requirements in place to ensure safety on construction sites. Those responsible must abide by these rules and regulations as part of their “duty of care” to those working on the site.

This “duty of care” includes providing a safe environment, safe equipment and a safe system of work. All companies working on the building site must also comply with the same set of rules and regulations.

The most important regulations for ensuring safety in the construction industry include the Health and Safety at Work Act 1974 and the Six Pack Regulations 1992.

In addition to the Health and Safety at Work Act, those responsible for the safety on construction sites should adhere to the following:

The Construction (Health, Safety and Welfare) Regulations 1996

The Construction (Health, Safety and Welfare) Regulations Act 1996 provides guidance on the legal requirements for employers to provide a safe working environment in the construction industry.

This includes providing safe access and walkways, keeping sites clean and tidy, ensuring equipment and structures are stable, and reducing the risk of falling objects and unsafe working conditions. The regulations also require employers to provide workers with the necessary training, protective gear, and welfare facilities.

The Construction (Design and Management) Regulations 2015 (CDM 2015)

The Construction (Design and Management) Regulations 2015 outline the legal requirements for managing health and safety throughout the entire construction project.

The regulations establish clear responsibilities for clients, designers, and contractors, ensuring that risks are identified early, proper planning is in place, and workers receive the necessary training, supervision, and protective measures.

The Health and Safety at Work Act 1974 (UK)

The Health and Safety at Work Act is in place to protect the health and safety of everyone in the workplace, not just those in the construction industry.

It provides a framework for employers to follow to ensure workplace health and safety as far as is reasonably practical. This includes:

• Implementing general health and safety policies
• Conducting risk assessments
• Providing adequate training
• Providing adequate workplace facilities
• Displaying posters or providing employees with information about the regulations in place

The Six-Pack Health and Safety Regulations

“The Six Pack” refers to the six key health and safety regulations most often cited in workplace accident claims. They were introduced in 1993 in line with EU directives and later updated in 1999.

Regulations included in the Six Pack are:

The Management of Health and Safety at Work Regulations 1999 outline employers’ duties, particularly regarding risk assessments.

The Manual Handling Operations Regulations 1992 provides guidance in relation to manual handling or lifting

The Health and Safety (Display Screen Equipment) Regulations 1992 provides guidance on the safe use of computer screens and keyboards

The Workplace (Health, Safety and Welfare) Regulations 1992 outlines the rules enforcing the right to work in a safe environment.

The Provision and Use of Work Equipment Regulations 1998 provide guidance on the suitability, maintenance, inspection, and specific risks associated with workplace equipment.

The Personal Protective Equipment at Work Regulations 1992 provides guidance on the use of PPE in the workplace, including suitability, compatibility, and maintenance.

All of the above regulations provide a clear framework for employers’ legal obligations regarding the safety of construction sites.