Construction Machinery Accidents: No Win, No Fee

Construction sites are dynamic and often hazardous environments where heavy machinery plays a vital role in completing projects efficiently. However, the operation of construction machinery, such as cranes, bulldozers, excavators, and forklifts, comes with a significant risk of injury. Accidents involving these machines can result in severe consequences.

If you have sustained an injury as a result of a construction site accident, then you may be able to make a “no win, no fee” personal injury claim against your employer or someone else in the workplace.

If it can be established that someone else is responsible for your injury, such as your employer, a colleague, or a company performing work at your place of work, then you may be entitled to make a claim.

Beacon Law has a team of experienced employment injury lawyers who can assist you in making your injury at work claim for compensation.

If you have suffered a construction machinery accident, claim the compensation you deserve today.

Common causes of construction machinery accidents

Construction machinery accidents can result in serious legal claims. Here are some of the most common types of construction machinery accidents that we see:

Operator error

• Inadequate training: Insufficient training can lead to improper use of machinery.
• Fatigue or distraction: Long hours or multitasking can impair judgment and reaction times.

Mechanical failures

• Poor maintenance: Lack of routine inspections or delayed repairs can cause critical heavy equipment accidents.
• Defective machinery: Design flaws or manufacturing defects may result in malfunction during operation.

Improper use of equipment

• Overloading: Operating machinery beyond its capacity can cause tipping or structural failures.
• Misuse: Using the wrong equipment for a task can lead to instability and accidents.

Site hazards

• Uneven or unstable ground: Machinery operating on unstable terrain can tip over.
• Obstructions and blind spots: Reduced visibility increases the risk of collisions.

Lack of safety measures

• Missing safety guards: Equipment without proper guards exposes workers to moving parts.
• Inadequate signage or barricades: Lack of warnings around machinery and hazardous areas contributes to injuries.

Communication failures

• Lack of signals or spotters: Inadequate communication between equipment operators and ground workers can lead to construction accidents.
• Misunderstood hand signals: Poorly coordinated signals can create confusion in the workflow.

Your employers’ responsibilities

Safety at work is extremely important. Your employer has a duty of care towards you and is obligated by law (the Health and Safety at Work Act 1974) to provide safe work conditions and a healthy environment in which you can work.

Your employer must always provide appropriate training and, where necessary, the correct and suitable personal protective equipment (PPE) to help you perform your duties safely. Your employer is also under a duty to properly maintain the work environment and the equipment you use through regular risk assessments to ensure that it remains safe at all times. If an accident does occur in the workplace, then your employer must report it to the Health and Safety Executive (HSE).

Health and safety laws and legislation have significantly increased the level of protection open to construction workers. There are numerous written health and safety regulations and laws designed to prevent accidents in the workplace and any breach of these regulations can cause accidents with undesirable consequences. The Health and Safety Executive have set out guidance on their website for employers to assist in the implementation of Health and Safety Legislation on the workplace.

If you have been involved in a workplace accident as a result of your employer’s negligence, you may be entitled to make an injury at work claim. It is generally required by law to have employers liability insurance as a business owner, so you need not worry about making a claim against your employer.

What should I do if I have been involved in a construction machinery accident?

If you have been involved in a construction machinery 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, may not be immediately apparent.

You should report the accident to your supervisor or manager as soon as possible and make sure that an accurate description of the accident is logged in the work accident book.

Exchange information with the other people involved in the accident. This includes their name, address, and phone numbers. You should also take pictures of the accident scene. This includes any injuries you sustained.

If you would like to make a personal injury claim for compensation, contact Beacon Law to speak to one of our specialist construction machinery accident lawyers about making a claim on a no win, no fee basis. Details on the claims process can also be found on our website.

How much compensation could I receive?

The amount of compensation you could claim for an accident can vary significantly and depends on different factors. It is challenging to provide an exact figure without knowing the specific details of your case. Compensation typically covers two main categories of damages:

Special damages: These are the quantifiable economic losses you have incurred as a result of the accident. They may include:

• Medical expenses: Compensation for current and future medical treatment, surgeries, medications, therapy, and rehabilitation.
• Loss of earnings: Compensation for the income you have lost due to your injuries, including future earning potential if your injuries impact your ability to work. 

General damages: These are non-economic losses that are more subjective and can be challenging to quantify. They may include:

• Pain and suffering: Compensation for physical pain, emotional distress, and loss of enjoyment of life resulting from the accident and injury.
• Emotional distress: Compensation for psychological trauma, anxiety, depression, or post-traumatic stress disorder (PTSD) caused by the accident.

It is important to consult with construction machinery accident lawyers who can assess your case’s specific details, evaluate the potential value of your claim, and provide you with a more accurate estimation of the compensation you could receive based on their expertise and experience in handling similar cases.

What are the time limits for making a claim?

Before starting your claim, it is important to note that there are strict time limits on personal injury claims, including construction machinery accidents. From the date of the accident that caused the injuries, the injured party will have 3 years to commence proceedings for claiming compensation.

One exception to the 3 year time limit occurs when the claimant who has suffered an injury does not have the mental capacity to begin their compensation claim. In this case, a close family member or friend can make a claim on their behalf, or they can make a claim when they regain mental capacity.

How can Beacon Law assist?

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 construction machinery accidents. We also assist with other work accident claims such as forklift accidents, slips, trips and falls, and defective equipment.

We have years of experience in assisting those who have experienced all types of injuries in the construction industry. We deal with personal injury claims on a daily basis and have vast experience in injury-related cases.

You can request an initial consultation from our personal injury lawyers by completing the online help form, and an experienced member of our team will contact you to discuss your case. Alternatively, you can call us on 0330 1332 857, and we will be happy to assist you with your query.

Beacon Law are authorised and regulated by the Solicitors Regulation Authority. To find out about our no win, no fee basis, have a look at the funding section on our website.