Building site accidents are an unfortunate occurrence within the construction industry. These accidents can have serious consequences for those involved. Working on a building site is inherently dangerous, but when accidents occur due to the fault of an employer, contractor, or another party, victims have the right to seek compensation for their injuries.
Navigating the aftermath of a building site accident can be overwhelming, particularly for injured workers seeking compensation for their losses.
If you have been injured in an accident on a construction site, you could be eligible to claim for building site compensation. At Beacon Law, our team of accident at work solicitors can help you understand your legal rights and options when pursuing a building site claim.
Common building site accidents
Common causes of building site accidents that often lead to claims include:
Falls from heights: Construction sites often involve working at elevated levels. Lack of proper fall protection, faulty scaffolding, or inadequate safety barriers can result in serious injuries or fatalities.
Slips, trips, and falls: Uneven surfaces, cluttered work areas, wet or slippery conditions, and inadequate signage can cause workers to trip or slip. This can lead to injuries such as sprains, fractures, or head trauma.
Falling objects: Tools or equipment that are improperly stored or secured can fall from heights and strike construction workers below. This is a common cause of head and neck injuries.
Machinery and equipment accidents: The use of heavy machinery, such as cranes, forklifts, and bulldozers, is prevalent on construction sites. Malfunctioning equipment or operator error can result in accidents.
Electrical hazards: Workers may be exposed to live wires, faulty electrical equipment, or improper use of electrical tools. Electrical shocks or burns can result from inadequate wiring or a lack of proper safety precautions.
Inadequate personal protective equipment (PPE): Workers who are not provided with or fail to use proper PPE—such as helmets, gloves, boots, and eye protection—are at a higher risk of injury.
What are your employer’s responsibilities?
Employers have a legal duty of care to create a safe system of work. This duty is governed by health and safety regulations, such as the Health and Safety at Work Act 1974.
One of the most important responsibilities employers have is providing adequate training. Workers operating on construction sites must receive comprehensive instruction on safe operation techniques, emergency procedures, and hazard recognition. Employers are also responsible for ensuring that workers attend refresher courses to stay updated on best practices.
In addition to training, employers must carry out risk assessments. They need to evaluate potential hazards in the workplace and implement measures to mitigate risks.
Ensuring that equipment is properly maintained is another critical responsibility. Employers must schedule routine maintenance and repairs to keep machinery in safe working order.
Employers are also required to provide workers with personal protective equipment (PPE). Depending on the risks present, this could include hard hats, high-visibility clothing, steel-toe boots, gloves, and hearing protection. The PPE must fit properly and allow workers to perform their tasks safely without unnecessary discomfort.
Reporting of Injuries, Diseases, and Dangerous Occurrences Regulations 2013, employers must accidents to the appropriate regulatory bodies, such as the Health and Safety Executive (HSE). They are also responsible for conducting thorough investigations to determine the root cause of the incident and implement corrective actions. This may involve updating procedures or providing additional training to workers.
Employers must adhere to regulations like the Provision and Use of Work Equipment Regulations 1998 (PUWER) and may also adopt risk management systems such as ISO 45001 to enhance occupational health and safety.
The Construction (Design and Management) Regulations 2015 also plays a vital role in preventing building site accidents. These regulations set out specific duties for various stakeholders in a construction project, aiming to ensure safety and compliance throughout the project lifecycle.
What should you do following a building site accident?
If you have been involved in a building site accident, there are a few things you should do. If you are injured, seek medical attention immediately. Even if you don’t feel injured, it’s important to get checked out by a doctor. Some injuries, such as internal bleeding or concussions, may not be immediately apparent.
Exchange information with the other people involved in the accident. This includes their name, address, and phone numbers. Take photographs of the accident scene. This includes any injuries you sustained.
You should also notify your employer or site manager about the accident as soon as possible. You must make sure the incident is formally recorded in the site’s accident logbook or reporting system. This is very important as this documentation can be critical for a potential claim.
If you would like to make a personal injury claim for compensation, contact Beacon Law to speak to one of our specialist personal injury solicitors about making a claim on a no win no fee basis. Details on the compensation claims process can also be found on our website.
How much compensation could I receive?
If you have been injured in a building site accident, and you decide to make a claim, the compensation for your accident will be dependent on the type of injury and the level of pain and suffering you sustained.
It is difficult to determine the amount of compensation from the outset without knowing all the details of the injury. As many injuries are complex, especially those which are ongoing, it may be necessary to obtain a medical evaluation of your injuries before we can make an estimation on the value of your injuries.
The valuation of your general damages will be based on recent case law, as well as guidelines set out by the Judicial College.
In addition to your claim for compensation for your injuries, you may also be able to make a claim for additional financial losses. Your additional losses can include the following:
- Loss of earnings if you required time off due to the accident.
- Travel costs – for travel to and from medical appointments
- Parking costs at medical appointments
- Costs of any care received
- Medical treatment costs
Make sure to keep all receipts and invoices for any additional expenses, as these will be necessary to verify your losses.
If your injuries are severe and require long-term treatment or result in extended time off work, your compensation is likely to be significantly higher than for a minor injury where recovery occurs within a few weeks.
In cases where immediate financial support is required, interim payments may be provided. These advance payments cover urgent expenses or loss of income if the claimant is unable to work due to the injury. This can help them manage their immediate needs before the final settlement.
What are the time limits for making a claim?
Before starting the claim process, it is important to note that there are strict time limits on personal injury claims. From the date of the accident that caused the injuries sustained, the injured party will have 3 years to commence proceedings for claiming compensation.
It must be noted, however, that there are some exceptions to this rule:
For instance, if the claimant was under 18 at the time of the incident, they have until their 21st birthday to file a compensation claim. If the claimant is still under 18, a litigation friend (such as a parent, guardian, or close family member) can pursue the claim on their behalf.
Another exception to the three-year time limit applies when the claimant lacks the mental capacity to start an accident claim. In such cases, the three-year limit does not apply. The claimant can initiate their claim at any point once they regain the mental capacity to proceed.
Why choose Beacon Law?
Beacon Law is a law firm of specialist personal injury solicitors. We have helped many of our clients obtain the compensation they deserve for their injuries sustained as a result of accidents at work and workplace injury. We also assist with claims such as forklift accidents, slips, trips and falls, and defective equipment.
You can request an initial consultation from our personal injury lawyers by completing the online form, and an experienced member of our team will contact you to discuss your case.
