By Cat Todd. Last Updated 7th May 2024. This is a guide on construction injury claims, including when you could be eligible to seek personal injury compensation after an accident at work. Due to the nature of construction sites, there are several hazards that could pose a risk of injury. Employers have a duty of care with regard to your health, safety and wellbeing in the workplace and while you carry out your tasks. If they failed to uphold this duty while you were working on a construction site, and you are caused an injury as a result, you could potentially make a claim provided you meet the eligibility criteria. Read on to find out more.
Later, we provide examples of the types of construction accidents that could occur and the injuries that could be suffered as a result.
Additionally, we explore accident at work compensation payouts, including what they could be made up of, and how they are calculated. We also discuss the evidence you could collect to support your case and how a No Win No Fee solicitor could assist you.
Please read on to see if you can claim for a workplace injury or contact our team of helpful advisors to have your questions answered. To get in touch, you can:
- Call on 020 8050 2736.
- Ask about your potential claim online.
- Use the live chat feature below.
Select A Section
- Eligibility For Construction Injury Claims
- How Could An Accident In Construction Be Caused?
- What Evidence Could Help In Construction Site Accident Claims?
- Construction Accident Compensation Claim Payouts
- Use A No Win No Fee Solicitor To Claim For A Construction Injury
- Learn More About How To Make Construction Injury Claims
Eligibility For Construction Injury Claims
Your employer has a duty of care to take reasonable and practical steps to prevent you from becoming injured at work. This duty is placed on them by the Health and Safety at Work etc. Act 1974. Additionally, the Construction (Design and Management) Regulations 2015 aims to improve health and safety in the construction industry.
Some of the steps they can take to uphold their duty of care include:
- Conduct risk assessments of the workplace regularly and implement measures to address any hazards they become aware of.
- Ensure all staff receive adequate training, such as manual handling training.
- Provide workers with the correct Personal Protective Equipment (PPE) where needed, such as goggles, hard hats, gloves, and steel-toe capped boots.
You may be entitled to make a personal injury claim following a construction accident if your employer failed to uphold their duty of care, and this caused you to sustain an injury.
For further guidance on construction injury claims, please contact an advisor on the number above.
How Could An Accident In Construction Be Caused?
Below, we have provided some construction site accident examples to show how an accident of this type could occur and the injuries that could be suffered as a result.
- You may have sustained a severe head injury as a result of a falling or moving object after your employer failed to provide you with a hard hat.
- You may have sustained a severe neck injury in a crash after being told to operate a forklift truck without any training.
- After a fall from height caused by faulty equipment, you may have sustained a broken leg and spinal damage leading to paralysis.
To discuss your specific case and find out whether you’re eligible to make a claim following a construction accident at work, please contact an advisor on the number above. An advisor can discuss construction injury claims in more detail.
What Evidence Could Help In Construction Site Accident Claims?
Construction injury claims should be supported by evidence. This is because it can help to prove how you’ve suffered, who caused your injuries and how your accident happened. Some examples of the evidence needed for a personal injury claim include:
- An accident report form from the workplace accident book.
- Details of any medical treatment you received, copies of X-ray scans, other test results and other medical records.
- Contact details for any potential witnesses.
- Photographs taken at the scene of the accident, and of your injuries.
- CCTV or mobile phone footage of the accident if available.
If you have a valid claim and a solicitor from our panel offers to represent you, they can help you obtain evidence and build your case as part of the services they provide. Find out more about working with a solicitor from our panel by calling the number above.
Construction Accident Compensation Claim Payouts
Generally, a construction accident compensation claim can result in two kinds of compensation: general damages, and special damages.
First, we’ll talk about general damages. This head of claim is awarded to every successful claimant because it covers the pain and suffering brought on by your injuries. It also covers loss of amenity, which means loss of enjoyment.
Often, this head of claim is calculated with help from the Judicial College Guidelines (JCG). The JCG provides professionals with guideline compensation amounts for injuries of differing severities. You can find some examples that could be relevant to construction site injuries below.
Please note that these are only guideline amounts, and that the first entry is not a JCG figure.
Guideline Compensation Amounts
Injury Severity Further Information Guideline Compensation Bracket Guidelines
Multiple Severe Injuries And Special Damages Severe Multiple severe injuries and financial losses, like lost earnings. Up to £1,000,000+
Paralysis Tetraplegia Paralysis of the upper and lower body. £396,140 - £493,000
Paraplegia Lower body paralysis. £267,340 - £346,890
Brain Very Severe Little or no language function alongside little to no evidence of the person having a response to their environment that is meaningful. The person also has double incontinence and requires full-time nursing care. £344,150 - £493,000
Moderately Severe A very serious disability where the person requires constant professional care. £267,340 - £344,150
Neck Severe (i) Incomplete paraplegia as a result of a severe neck injury. Around £181,020
Severe (ii) Cervical spine fractures that are serious or damage to cervical spine discs causing considerably severe disabilities. £80,240 - £159,770
Arm Amputation Loss of One Arm (i) Where the arm is amputated at the shoulder Not less than £167,380
Back Severe (ii) Back injuries with special features such as nerve damage with an associated loss of sensation. £90,510 - £107,910
Moderate (i) Compression or crush fractures to the lumbar spine with a substantial risk of osteoarthritis. £33,880 - £47,320
What Are Special Damages?
The second heading, special damages, covers the financial losses caused by your injuries. For example, following a severe construction site injury, you might be unable to work in the future. Special damages can help cover the considerable lost earnings caused by this.
This heading can also help cover the cost of:
- Travel to and from work or medical appointments.
- Mobility aids such as wheelchairs or canes.
- Home adjustments, like the installation of a stairlift.
- Help with childcare or housekeeping.
Providing evidence of these financial losses with documents such as bank statements and payslips could help support you when claiming for special damages.
Our team of advisors are here to help. If you’d like to learn more about making a construction accident compensation claim, get in touch with our team of advisors today.
Use A No Win No Fee Solicitor To Claim For A Construction Injury
If you have a valid claim, and wish to seek legal representation, you could be connected with a solicitor from our panel who has experience handling construction injury claims. They can offer to start work on your case under the terms of a No Win No Fee contract called a Conditional Fee Agreement (CFA). As per a CFA, there are typically:
- No upfront fees for your solicitor’s services and no fees for the solicitor’s work while the case is in progress or if the claim fails.
- A success fee will be deducted from your compensation as a legally capped percentage if the case is won.
If you’d like to check if a construction accident solicitor from our panel could help you, please get in touch with an advisor. They can assess your case for free. Also, they can answer any questions you might have regarding your potential claim. To reach them, you can:
- Phone 020 8050 2736.
- Chat with an advisor online.
- Ask about starting your claim online.
Learn More About How To Make Construction Injury Claims
Here are some more of our helpful guides:
- Learn about the steps you could take to make a manual handling injury claim and the compensation you could receive if you succeed.
- Find out whether you could claim following a slip, trip and fall accident in which you sustained an injury.
- Discover whether you could make a forklift accident at work claim and the steps you can take to do so.
Also, you might find these external links useful:
- Guidance from the Health and Safety Executive on planning construction work.
- NHS guidance on broken bones.
- Information from GOV.UK on statutory sick pay.
If you would like more information about construction injury claims, please feel free to reach out to our team.