In this article, you’ll read about the process you’ll need to follow if you wish to make a personal injury compensation claim for a trip and fall in construction. We begin by setting out the eligibility criteria that apply to construction injury claims and then review the types of evidence you could present for your slip and trip claim.
You’ll also read some examples of the types of construction accidents that could lead to slip, trip and fall injuries and when you could make a personal injury claim. After that, we explain how trip and fall compensation is calculated in accident at work claims.
Also, as our panel of specialist solicitors provide a No Win No Fee service for slips, trips and falls compensation claims, we explain how this works towards the end of the guide.
A Guide To Claiming For A Trip and Fall In Construction
If you would like a free assessment of your construction accident compensation claim, you can:
- Call 020 8050 2736 to speak with a specialist about a fall compensation claim.
- Use our free live chat service
- Tell us about your claim online and we’ll get back to you.
Please read on for more on when to claim construction injury compensation following a slip or fall at work. If any questions crop up whilst doing so, please call the number above to speak to us about a fall compensation claim.
Jump To A Section
- What Are The Eligibility Criteria When Making A Claim For A Trip And Fall In A Construction Accident?
- Evidence Needed For A Fall Compensation Claim
- When Could A Trip And Fall Be Caused In Construction?
- How Much Compensation For A Trip And Fall In A Construction Accident Could You Receive?
- Make A Claim For A Trip And Fall In A Construction Accident With A No Win No Fee Solicitor
- More Resources On Fall Compensation Claims For Construction Accidents
What Are The Eligibility Criteria When Making A Claim For A Trip And Fall In A Construction Accident?
While you’re working, your employer has a duty to ensure, so far as is reasonably practicable, your health, safety and welfare. This duty is set out in the Health and Safety at Work etc. Act 1974. Additional laws, such as the Construction (Design and Management) Regulations 2015, provide extra guidance on how those responsible for construction sites can make them safer.
That said as a construction site can be very busy with lots of different companies all working on one site, it may not be your employer who is the only party that could be liable for your injuries. Construction sites are often overseen by a contractor, they are often managed by a site manager. These parties could be different to your employer. Also, there may be different companies, such as a scaffolding company, electrician company or plumbing company, all working on the site together, all of whom may owe a duty of care to one another.
If you’ve had a trip and fall at work, you could be entitled to start a personal injury claim if:
- When the accident happened, you were owed a duty of care.
- Your trip and fall occurred because the duty of care was breached.
- As a consequence of your trip and fall, you sustained injuries.
If you believe all of the above is true in your personal injury claim, why not call us to see if you can claim for a trip and fall in construction? We provide free advice as part of a no-obligation initial consultation for all fall compensation claims.
Evidence Needed For A Fall Compensation Claim
If you’re to win slip, trip and fall compensation following a construction accident, you will need to provide evidence to prove your case. This should demonstrate how your claim meets all of the criteria set out in the previous section.
So, when making a claim for a trip and fall in construction, the following evidence could all strengthen your case:
- A copy of an accident report form.
- Details of colleagues or others who witnessed the accident.
- CCTV footage of your accident if it was recorded.
- Information about what treatment was needed for your injuries as well as copies of your medical records.
- Photographs of the cause of your accident, the accident scene and any visible injuries.
If a solicitor from our panel offers to represent you, they will help to find further evidence to support your claim as part of their service. For example, if the Health and Safety Executive (HSE) investigates your accident, a copy of their report could be sought as supporting evidence.
If you have any further questions on what evidence is needed for a personal injury claim, or to find out if you can claim compensation, please use the number above to call us today.
Is There A Time Limit To Make A Trip And Fall Claim?
According to the Limitation Act 1980, the personal injury claims time limit that applies to trip and fall injury claims is 3 years. Generally, this begins on the date of the accident.
However, there are exceptions to this time limit, especially where the injured party lacks the mental capacity to take legal action. The 3-year limit will not apply unless the person makes a recovery. In this scenario, a friend or relative could act on behalf of the claimant at any point while they lack mental capacity by applying to be a litigation friend.
Time Limit To Make A Trip And Fall Claim
Please contact us if you’d like to act on behalf of somebody else or if you’ve any queries about the time limits that apply when making a claim for a trip and fall in construction.
When Could A Trip And Fall Be Caused In Construction?
In this section, we’ve listed some examples of building site accidents that can lead to a trip and fall. Remember, if you’re to be paid construction accident compensation, the accident that caused your injuries will need to have been caused as a result of a breach of duty that was owed to you.
The examples include:
- You had a fall from a height because your employer failed to provide adequate personal protective equipment such as a harness. As a result, you sustained a serious neck injury and a broken arm.
- Power cables for plant equipment were strewn all over the site and the site manager had failed to do a thorough risk assessment. No warning signs were used to highlight them, and, as a result, you tripped and fractured your wrist during the fall.
- You tripped and fell into an excavation because there was a lack of warning signs highlighting the danger. During the fall, you suffered life-changing injuries and were unable to work in construction again.
These slip, trip and fall accidents are just some examples of the types of construction accidents that could result in serious injuries. If you’d like to claim compensation for a trip and fall in construction, please get in touch even if we’ve not described your accident here. For how compensation is calculated for fall compensation amounts, please see the next section.
How Much Compensation For A Trip And Fall In A Construction Accident Could You Receive?
How much compensation you could claim will be determined by your individual circumstances. Settlements following a claim for a trip and fall in construction can be made up of two heads of loss. General damages is the first, which covers any pain, suffering and loss of amenity caused by your injuries.
To help value your claim, an independent medical report might be obtained from a medical professional and used in conjunction with the Judicial College Guidelines (JCG).
A range of injuries are listed in the JCG, along with guideline compensation brackets based on the severity of the injury.
We’ve used figures from the JCG in our compensation table. However, the amounts cannot be guaranteed as each compensation claim is unique.
Compensation Table
We’ve added the first line of our table for illustration purposes only. It has not been taken from the JCG.
| Injury Type | Severity | Guideline Bracket | Details |
|---|---|---|---|
| Multiple Severe Injuries and Special Damages | Severe | Up to £1,000,000 + | Compensation for multiple severe injuries causing physical and psychological pain. Also includes special damages to cover medical expenses, care costs lost income and home modifications plus other costs. |
| Neck Injuries | Severe(i) | Around £148,330 | For example, a neck injury that results in permanent spastic quadriparesis. |
| Amputation of Arms | Loss of One Arm(i) | No less than £137,160 | Where the arm is amputated at the shoulder. |
| Back Injuries | Severe(i) | £91,090 to £160,980 | Such as back injuries causing severe pain and disability along with incomplete paralysis and significantly impaired bladder, bowel and sexual function. |
| Injuries to the Pelvis and Hips | Severe(i) | £78,400 to £130,930 | An extensive fracture of the pelvis including a dislocated lower back along with a ruptured bladder. |
| Knee Injuries | Severe(ii) | £52,120 to £69,730 | Where constant and permanent pain limits movement, impairs agility and leaves the injured party prone to osteoarthritis following a leg fracture which extends into the knee joint. |
| Moderate(i) | £14,840 to £26,190 | Such as a knee dislocation or torn meniscus causing minor wasting, instability, weakness or other mild future disabilities. | |
| Ankle Injuries | Severe | £31,310 to £50,060 | Injuries necessitating an extensive period of treatment and/or a lengthy period in plaster. |
| Foot Injuries | Serious | £24,990 to £39,200 | Injuries requiring prolonged treatment and where there is a risk of fusion surgery or future arthritis. |
Special Damages In A Construction Accident Compensation Claim
On top of general damages, special damages could also be awarded to cover financial impacts, such as any costs linked to your injuries. For example, you may able to claim for:
- Adaptations to your home (if you’ve been left disabled).
- Medical and rehabilitation expenses.
- The cost of care and support at home.
- Lost earnings.
Trip And Fall Compensation Calculator
To claim compensation, you will need to provide receipts or other evidence of any costs. If you’d like us to check what expenses could be included in your compensation claim for a trip and fall in construction, please get in touch.
Make A Claim For A Trip And Fall In A Construction Accident With A No Win No Fee Solicitor
If you wish to make a compensation claim for a trip and fall in construction, you may wish to instruct a personal injury solicitor who specialises in workplace accident claims. If you work with a solicitor from our panel, they’ll help you to navigate the often-complex claims process and manage the claim on your behalf.
What’s more, they’ll use a Conditional Fee Agreement (CFA) to provide a No Win No Fee service.
The Conditional Fee Agreement means that:
- Your solicitor won’t charge for their work upfront.
- You won’t be charged for your solicitor’s services while the compensation claim continues or if it is lost.
- A success fee will be deducted from your compensation if the claim is won. Legally, the success fee percentage is capped for your protection.
To see if you could make a No Win No Fee personal injury compensation claim with one of the construction accident solicitors from our panel, you can:
- Call 020 8050 2736 to speak to an advisor about a fall compensation claim.
- Click on the live advice box at the bottom of the screen to talk about your fall claim.
- Tell us about your claim online and we’ll get back to you.
More Resources On Fall Compensation Claims For Construction Accidents
For your reference, we’ve provided links to some other workplace accident claims guides:
- Advice on when to claim for an arm injury in a construction accident caused by a breach of duty.
- Further information on claiming for slips, trips and falls at work.
- Details about when you could claim for an injured back in the workplace.
Also, here are some external resources that could be useful:
- Advice on how to assess working at height from the HSE.
- NHS guidance on how to check if you’ve broken a bone in an accident.
- Details about what you’ll get if you claim Statutory Sick Pay (SSP) while off work injured.
For more details on when you could claim for a trip and fall in construction, please feel free to contact us today.