If you have suffered harm on a construction site as a result of someone breaching the duty of care they owed you, you may be eligible to seek compensation. We understand that the process of claiming may seem complex. For that reason, you may wish to hire a solicitor to help you claim. However, you may have apprehensions about doing so because of the costs often associated with the services of a solicitor. If so, this guide could help by providing information on how construction accident solicitors could help you seek compensation by making a personal injury claim.
This guide will also look at the option of a No Win No Fee arrangement which could help you avoid paying any upfront costs and ongoing costs during the process of your claim. Additionally, we will look at how compensation is often calculated and the evidence you will need to provide in support of your claim.
Although we have aimed to cover the information you need, we understand if you have any additional questions after reading. If this is the case, please don’t hesitate to contact our team by:
- Calling the number at the top of the page
- Using our live chat feature
- Filling out our online contact form
Select A Section:
- When Could I Use Construction Accident Solicitors?
- What Are Examples Of Construction Site Accidents?
- Building Evidence For A Strong Compensation Claim
- How Much Compensation Could Construction Accident Solicitors Get Me?
- Could I Use A No Win No Fee Solicitor?
- Further Information About Construction Accident Solicitors
There are various types of construction accidents that could harm employees if the correct safety measures are not put in place.
An employer has a duty of care to their employees as outlined in the Health and Safety At Work etc. Act 1974 (HASAWA). The duty they are required to uphold involves taking reasonable steps to prevent their employees from experiencing harm in the workplace.
In order to make a valid claim, you must be able to prove:
- You were owed a duty of care by your employer
- The duty of care owed to you was breached
- You suffered an injury or an illness as a result
If you’re able to show your claim meets these three criteria, you could use construction accident solicitors to represent your claim.
Time Limits When Claiming
A workplace accident in which you sustained harm as a result of your employer’s negligence could mean you’re eligible to make a personal injury claim. These claims generally have a time limit of 3 years as set out in the Limitation Act 1980.
The time limit could start from the date of your accident or the date you gained knowledge that you were injured as a result of someone else’s negligence. However, there are exceptions to this rule. For example, if someone under the age of 18 was injured or if someone who lacked the mental capacity to claim was injured.
To find out more about these exceptions, contact us on the number above. A member of our team can discuss your claim in more detail.
There are many ways that a construction site accident could happen. For example, an employer may have failed to uphold their duty of care causing you to sustain harm. However, it’s important to note that not all accidents on a construction site are caused by employer negligence. Instead, an employee could have failed to comply with the health and safety policies put in place to keep them and their co-workers safe.
However, you would only be able to claim for an injury that came about as the result of a breach of duty of care. Examples of this might include:
- Failure to keep the workspace free from obstruction: Your employer might fail to do everything they reasonably could to keep the workspace tidy. As a result, you could slip, trip or fall over pieces of equipment that obstructed your path while you’re on a construction site, causing you to break your foot.
- Failure to provide personal protective equipment (PPE): Employers are required to provide relevant PPE where necessary. For example, if they have done everything they reasonably can to remove the risk of a hazard and it still remains, they should provide you with free PPE. If your employer fails to provide this where necessary, you could sustain harm. For instance, if you needed a hard hat but were not given one you could be at risk of sustaining a head injury.
- Lack of adequate training: Your employer needs to provide you with sufficient training to enable you to do your job safely, such as training to use specialist or heavy equipment. If your employer fails to provide this training, you could experience certain types of injuries, such as a finger injury or an arm injury, due to using equipment incorrectly.
If you have experienced a similar incident, please get in touch with our team to see if a solicitor from our panel could represent you when making a construction accident injury claim.
When making a claim, there are various steps you could take. The first step to take after you have been involved in an accident is to seek out medical attention. This can ensure you receive the necessary treatment for your injuries. In addition, it could also provide medical reports detailing the treatment and diagnosis you received which could be used as evidence to support your claim.
Other evidence you could gather might include:
- Photos of the accident site
- Photos of the injury
- Contact details of witnesses
- CCTV footage of the accident
- A written record of your accident in the workplace accident logbook
It may also be helpful to get legal advice while you are preparing to claim. This could assist you in understanding more about the evidence you need to obtain and the other steps you may need to take to seek compensation.
Furthermore, construction accident solicitors could arrange for you to attend an independent medical assessment in your local area. The medical assessment can produce a report with details on your injuries, including how severe they are and how much they may be expected to affect you in the future. Additionally, the report could be used to help when valuing the compensation you could receive for your injuries.
The Judicial College produces guidelines that outline the different brackets of compensation based on previously settled claims. However, there are many different factors that affect how much your claim is worth. For instance, the severity of the injury, how long you have suffered and the effects the injury has had on your day to day life.
Construction accident solicitors could use these guidelines as a reference point when valuing your claim. We have used these figures in the table below. However, it’s important to note that the amount of compensation you do receive could differ.
|Types of Injuries
|Head Injury/ Minor Brain Injury
|£2,070 to £11,980
|Factors considered when awarding compensation for this injury might include the severity of the injury, the time taken to recover and any continuing symptoms.
|£18,020 to £24,680
|Examples might include bronchitis and wheezing that affects work and social life.
|Neck Injuries: Moderate (b) (ii)
|£12,900 to £23,460
|Examples might include cases that involve a soft tissue injury or wrenching type injury that results in stiffness or discomfort, recurring and/or permanent pain.
|Back Injuries: Severe (a) (ii)
|£69,600 to £82,980
|Cases that involve nerve root damage that are associated with loss of sensation, unsightly scarring and loss of mobility and impaired function to the bladder and bowels.
|Shoulder Injuries: Serious (b)
|£11,980 to £18,020
|Injuries might include a shoulder dislocation and brachial plexus damage affecting the lower part.
|Arm Injuries: Severe (a)
|£90,250 to £122,860
|Injuries that are extremely serious and fall short of amputation.
|Hand Injuries: Serious (a)
|£27,220 to £58,100
|Injuries in this bracket will have reduced hand function to around 50%.
|(b) Severe Leg Injuries: Serious (iii)
|£36,790 to £51,460
|Injuries might include compound or comminuted fractures of a serious nature or joint/ ligament injuries.
|Knee Injuries: Moderate (b) (i)
|£13,920 to £24,580
|Injuries in this bracket might involve torn cartilage or dislocation.
|Ankle Injuries: Severe (b)
|£29,380 to £46,980
|Injuries that involve an extensive period of treatment.
Any injuries that you suffered are compensated under the general damages head of your claim. In order to accurately value your injuries, a solicitor may take into consideration the severity of the harm you sustained and the impact it may have on your quality of life. An independent medical professional may assess you in a medical appointment your solicitor arranges for you, and they will then make a report about their findings. This report will help assess the nature of your injuries.
Special damages, on the other hand, are the additional financial expenses that you incurred as a result of your injuries. These include both past and future losses, provided that you have evidence. For example, you could provide payslips to show any loss of earnings that you experienced as a result of you being unable to work while recovering.
Types of financial losses that may be reimbursed under special damages might include:
- Travel expenses
- Childcare costs
- Loss of wages
- House modifications
If you have any further questions about what your payout may include, call our team for a free valuation of your claim.
No Win No Fee solicitors could represent your case under a Conditional Fee Agreement (CFA). This agreement sets out the services they will provide and any fees you may need to pay.
For instance, if your case wins, then you will have to pay a success fee, which will be deducted from your compensation. However, the fee is subject to a legal cap and is something your solicitor will discuss with you so that there aren’t any surprises. On the other hand, if your case is unsuccessful then the success fee is something you won’t need to pay.
Our advisors can put you in touch with our panel of construction accident solicitors who all operate under a CFA, provided you have a valid claim.
Ask Us About Construction Accident Solicitors
For more information about working with our panel of construction accident solicitors, please contact us by:
- Using our live chat feature
- Calling us on the number at the top of the screen
- Filling out our online contact form
Here are some additional resources for you to have a look through.
- The Health and Safety Executive has information on health and safety statistics.
- Visit the NHS website for any medical advice.
- See the government website on claiming compensation after an accident or injury.
You can read some of our other accident at work claims guides below:
- A guide to accident at work claims
- Claim compensation if you’ve been injured by a moving object at work
- Manual handling injury claims
- How to claim compensation for hand injuries at work
- How to claim compensation after a head injury at work
- A guide on claiming compensation for a workplace injury
- Claim compensation after suffering a finger injury at work
- How to claim compensation for eye injuries at work
- Forklift accidents at work
- How to claim compensation for a knee injury at work
- Back injury at work claims
- How to make a fall from a height claim
- Making a claim for a sprained ankle at work
- Making a claim for a concussion at work
- How to make factory accident claims
- How long do I have to claim after an accident at work?
- What are my rights after an accident at work?
- What do I need to do after an accident at work?
- Working with serious injury solicitors
- A guide to claiming compensation for fatal work accidents
- How to make a work injury claim
- Tips on preventing an accident in the workplace
- Can my employer sack me after an accident at work?
- How to claim for an accident at work
For any further information on construction accident solicitors, please don’t hesitate to contact us on the number at the top of the page.