Starting a claim for an injury at work can be stressful, especially when you are confused about where to start. This guide has been designed to help you begin your claim and demonstrate how to make a successful claim. 

A guide to making a work injury claim

Our advisors are on hand 24 hours a day, 7 days a week to offer you free legal advice and to answer any of your questions. You can get in touch with us by calling the number at the top of the page, contacting us via our website or using the live chat feature.

Select A Section

1. How Do I Make A Strong Work Injury Claim?
2. The Frequency Of Accidents Leading To Injury Claims
3. How Do I Find The Evidence To Build A Successful Claim?
4. Calculating My Work Injury Claim Payout
5. Why Should I Use A No Win No Fee Personal Injury Solicitor?
6. Find Out More About Work Injury Claims

How Do I Make A Strong Work Injury Claim?

In order to make a strong work injury claim, you would need to establish who is at fault. Within a workplace setting, accidents could be a result of employer negligence. To prove negligence has occurred then you would need to show:

• You were owed a duty of care by your employer
• They breached this duty, causing an incident or accident
• You suffered an injury or illness as a result

If you can show this, you could be eligible to make a claim for compensation for a work injury. Then it is a matter of gathering evidence.

Time Limits While Claiming 

When making a personal injury claim for a work injury, there is generally 3 years from the date of the accident or the date you became aware that someone’s negligence caused or contributed to your injury. The time limit is set out by the Limitation Act 1980. However, there are exceptions to this rule. 

• Claiming on the behalf of a child under the age of 18. This means that you would have to apply to become a litigation friend. If you were injured when you were under 18 and nobody claimed on your behalf, you could have 3 years to claim from your 18th birthday. 
• Claiming on the behalf of a person who lacks the mental capacity to. The time limit is suspended here and a litigation friend can claim on their behalf. If the person regains mental capacity then they could take over the claim. Alternatively, if nobody’s already claimed on their behalf, the time limit starts from the date of the recovery.

To find out more, feel free to contact us through our live chat feature. 

Work Injury Statistics

The Health and Safety Executive (HSE) undertakes detailed research into injury and illnesses within the workplace. It also publishes the health and safety at work statistics for Great Britain.

The HSE records reports of workplace injuries made through The Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 (RIDDOR). Regarding data from the year 2020/21, there were 51,211 non-fatal injuries reported by employers. 33% were caused by slips, trips or falls on the same level. This is followed by handing, lifting or carrying at 18%.

The Frequency Of Accidents Leading To Injury Claims

Not all accidents lead to a claim. As an employee, you have a responsibility to protect your own safety to a reasonable extent. For example, if your reckless behaviour caused your own injuries, you would find it difficult to claim. However, some accidents caused by employer negligence do lead to claims.

The Health and Safety at Work. etc Act 1974 (HASAWA) is one of the most prominent pieces of legislation that governs the health and safety procedures within a work environment. It states that the employer’s duty of care is to keep their employees as safe as reasonably possible within the workplace. The HSE also has a page on the employer’s responsibilities. 

If an employer is in breach of their duty of care, this could result in an accident and injury. For example, if there was some debris littering the corridor in the workplace but it wasn’t attended to, an employee could trip over. The result of that trip could have been an injury, such as a damaged ankle or broken fingers. That employee could make a claim. 

How Do I Find The Evidence To Build A Successful Claim?

The first step to take after you have been involved in an accident is to seek out medical attention. This should always be the first step after an accident. Every workplace should have a qualified first aider. They would assess the injury and offer the appropriate care. 

Once the first step is complete, after some time in recovery you could begin to start the claim process. For this to be as effective as possible you could start to gather information and evidence. These can be items such as:

• Photos of the accident site
• Photos of the injury 
• Contact details of witnesses 
• CCTV footage of the accident 
• A written record of the accident from the accident book

It could be a good idea to seek legal advice when you are claiming. This can help you to jump any hurdles that you may have come across. It can also help clear any confusion you may have and lead you in the right direction. 

If you need any further advice or help with making a claim for an injury at work, then feel free to contact us via our live chat. Our advisors are on hand to offer legal advice and point you in the right direction. 

Calculating My Work Injury Claim Payout

When calculating compensation for a work injury claim, there are a number of factors that are taken into account. The Judicial College provides a set of guidelines that outlines compensation brackets for injuries. These brackets vary based on the severity of the injury sustained.

General Damages is a part of the compensation that is determined by the severity of the harm you sustained and the impact the injury may have had on your quality of life. 

There may be a need for you to prove the severity of your injuries. In this case, you would be assessed by an independent medical professional, and they will then make a report of their findings. Your solicitor could submit this alongside all the other evidence that has been gathered. 

Special Damages compensate you when there are additional financial expenses that may have been incurred as a result of an injury. These could include both past and future losses that were incurred as a result of your injuries. This is providing that you have evidence; for example, payslips could be used to show any loss of earnings that were incurred as a result of you being unable to work while recovering. 

Types of financial losses that can be considered a part of special damages:

• Childcare costs
• Loss of wages
• Travel expenses 
• Prescriptions/aids 

If you have any further questions, don’t hesitate to contact us via our live chat feature. 

Why Should I Use A No Win No Fee Personal Injury Solicitor?

A No Win No Fee personal injury solicitor could help you through the claiming process. No Win No Fee agreements are also called Conditional Fee Agreements and are an arrangement between your and your personal injury solicitor. It contains the understanding that if you win the case, then you will have to pay a success fee. The percentage of the fee is capped by law. Your solicitor will discuss this with you so that there aren’t any surprises.

On the other hand, if your case is unsuccessful then you wouldn’t have to pay the success fee to your solicitor. 

You don’t need to have a solicitor to begin the claims process. However, it is useful to obtain a solicitor’s knowledge and advice. Our advisors can put you in touch with our panel of personal injury solicitors. This service is available 24/7 so feel free to contact us about your questions.

Talk To Us About A Work Injury Claim

If you are still wondering how to move forward with your work injury claim, don’t hesitate to contact us through:

• Our live chat 
• Ringing the number at the top of the page
• Contacting us through our website 

Find Out More About Work Injury Claims 

Here are some additional resources for you to have a look through.

The NHS website has a helpful guide on what to do if you have suffered a broken leg as well as finding services near you. 

The HSE also offers a guide of how to report an accident at work with examples of the different types of accidents. 

Check out more of our 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
• Finding construction accident solicitors
• 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
• 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

To find out more about the process of a work injury claim, reach out to our advisors. 

Written by WEL

Published by VIC

Construction accident solicitors could help you if you suffered a fall, electric shock or another type of injury whilst working on-site and it wasn’t your fault. Construction sites are dangerous places, so it’s essential that risks and hazards should be minimised as much as reasonably possible. If your employer failed in their duty of care to protect your safety, and you were injured as a consequence, you could be owed compensation.

A guide about construction accident solicitors

Our panel of construction accident solicitors are here for you if you’ve been involved in an accident on a building site. Whatever the extent of your injuries or the stage of recovery that you are at, speak to our team today to find out more about possible damages owed to you.

Our advisors are available 24/7 and provide free legal advice. What’s more, if you have solid grounds for a claim, they could connect you to our panel.

• Call us on the number at the top of the page
• Contact us via our website
• Alternatively, use the ‘live chat’ option on this page

Select A Section

1. When Could I Use Construction Accident Solicitors?
2. How To Prove Negligence For A Personal Injury Claim
3. What Are Examples Of Construction Site Accidents?
4. Building Evidence For A Strong Compensation Claim
5. How Much Compensation Could Construction Accident Solicitors Get Me?
6. Could I Use Construction Accident Solicitors Under A No Win No Fee Agreement?

When Could I Use Construction Accident Solicitors?

You could use a construction accident solicitor to help you make a personal injury claim wherever there has been neglect on the part of your employer that resulted in you being hurt. This may be through acts or omissions on their part.

There are laws that require certain standards of health and safety in the workplace and construction sites specifically. The Health and Safety at Work etc. Act 1974 requires employers to ensure the workplace is safe as reasonably practicable for employees.

The basis of your claim for personal injury would be when you could prove that an employer failed in this duty of care and you were harmed as a result. You can consult a construction accident solicitor about this.

How To Prove Negligence For A Personal Injury Claim

Solid proof is an integral part of a personal injury claim. In order to make a successful personal injury claim, you’d need to prove that:

1. Your employer owed you a duty of care. (This duty should be outlined in legislation.)
2. They breached that duty, causing an accident or incident. 
3. You suffered injuries or illness as a consequence of this breach. 

Whilst employers have a responsibility to protect our health and wellbeing at work, employees have a responsibility to reasonably ensure their own safety too. It’s essential that construction site operators carefully apply any and all aspects of workplace safety in the first place, but employees must ensure they did not create hazardous circumstances themselves. If you caused your own injuries and your employer wasn’t at fault at all, you wouldn’t be able to claim. However, if you are partially liable for your injuries, you could still claim but the compensation you could receive would be reduced. 

The Health and Safety At Work etc Act 1974

The main piece of legislation covering safety is the Health and Safety at Work etc. Act 1974. This law clearly describes the responsibility of employers to apply a consistent ‘duty of care’ as much as is reasonably practicable regarding the safety of all employees. Some general requirements are:

• Proper maintenance of the premises
• Proper provision for necessary information, supervision and training
• Conducting of regular risk assessments
• Responding to concerns and acting to address hazards promptly.

Time limits

It’s important to note that there is generally a 3-year time limit to starting a personal injury claim. This period can start from either the date of the accident or the time that you first become aware of negligence at least contributing to the injuries (date of knowledge). However, there are circumstances in which this time limit can vary, such as if you’re under 18 or lack the mental capacity to claim. In those circumstances, you could use a litigation friend to claim on your behalf. 

Litigation friends

A litigation friend is an individual (such as a family member or solicitor) who can act on behalf of a minor or someone who lacks the mental capacity to in a personal injury claim. 

If you’re under 18, a litigation friend could act on your behalf to make the claim. They’d be able to do so up until your 18th birthday. However, from your 18th birthday, you’d have 3 years to start a claim yourself, providing nobody has already done so on your behalf. 

A litigation friend could also act on your behalf if you lack the mental capacity to claim. However, if you recover capacity, you would have 3 years to start a claim from the date of recovery if nobody’s yet claimed on your behalf. 

What Are Examples Of Construction Site Accidents?

Construction sites are places in a state of activity and change. Because of this, there can be a multitude of hazards and risks to the unwitting site worker. Robust health and safety protocols may limit the chance of accidents, but negligent practices create risk. Any tool incorrectly used or material left as an obstruction could be an issue. Not wearing the appropriate safety clothing and hard hats could pose a serious risk. Personal Protective Equipment (PPE) should be used where necessary. 

How Might A Construction Injury Occur?

Managing risks on construction sites is something the Health and Safety Executive (HSE) gives clear instruction about. The HSE is a government body that enforces health and safety laws. 

Construction site injuries caused by negligence could involve any of the following scenarios:

• You could fall due to unsafe scaffolding you were told to use
• Faulty or defective machinery that your employer was aware of but didn’t fix could injure you
• Manual handling injuries could occur if you’re told to lift something even though it is too heavy
• If you aren’t provided with the appropriate PPE, you could endure burns due to contact with hazardous chemicals and toxic substances

Welfare is a fundamental and basic necessity for workers on UK construction sites. Whatever the precise nature of your accident and subsequent injuries, if your employer’s negligence caused it, speak to our team about what to do next.

Building Evidence For A Strong Compensation Claim

It’s important to support your claim for compensation with solid evidence.

Firstly, you should seek medical attention. If you visited a healthcare professional after the accident, you should have an entry in your medical records. This could be used as evidence. 

You should also report the accident. Companies that have more than 10 employees should have an accident logbook. You are entitled to a copy of this and can use it as part of your evidence. What’s more, site management could investigate the adverse event to prevent it from happening again. 

Other forms of proof include:

• Witness statements
• Photos or videos of the accident or injuries
• CCTV footage

There are other examples of evidence that you could use. If you’d like to discuss this with our advisors, why not get in touch?

Recent Statistics For Construction Accidents

According to the HSE’s statistics on the construction industry in Great Britain, between 2018/19 and 2020/21, 74,000 workers reported suffering from work-related ill-health. This included both long-standing and new illnesses.

Employers also report injuries. The graph below shows the top 5 causes of fatal injuries between 2016/17 and 2020/21 as reported by employers.

• Falls from a height – 50%
• Trapped by something collapsing or overturning – 13%
• Struck by a falling or flying object – 11%
• Struck by a moving vehicle – 10%
• Contact with moving machinery – 4%

How Much Compensation Could Construction Accident Solicitors Get Me?

There are two heads of claim in a personal injury claim. The first is general damages. This compensates you for the physical and mental injuries you suffered due to your employer’s negligence. 

A publication called the Judicial College Guidelines is referred to for guide award brackets that could be deemed appropriate in personal injury claims. The amounts acknowledge pain, suffering and loss of amenity as it relates to each specific injury. The compensation table below illustrates this.

As part of the injury claims process, you would attend an independent medical assessment. A healthcare professional would check your injuries and make a report that assesses the severity of your injuries and whether they’re consistent with the kind that such an accident could cause. A solicitor could use this report as evidence as well as a tool for calculating compensation. 

How Could Construction Accident Solicitors Calculate Your Special Damages?

You could also claim special damages, which is the other head of claim. Special damages compensate you for the financial losses associated with your injuries. This could include:

• Lost wages or missed income
• Medical treatments not available on the NHS
• Physiotherapy or counselling for stress or shock that’s not available on the NHS
• Adaptations to your home such as wheelchair access
• Domestic care costs if you need help with basic needs (this can be from a paid professional or family members who assisted you)

In addition to these, it can be possible to claim for loss or damage to personal items such as your spectacles, mobile phone, watch or clothing if affected.

In order to prove special damages, you could provide prescriptions, invoices or bills, for example. 

If you’re unsure as to how much your claim could be worth, why not get in touch with our advisors? They can value your claim for free. 

Could I Use Construction Accident Solicitors Under A No Win No Fee Agreement?

A No Win No Fee agreement is a way of funding the services of a solicitor with reduced financial risk. For example:

• No Win No Fee agreements require no upfront solicitor fees
• There are no solicitor fees to pay as the case proceeds
• If it fails, there is no solicitor fee to pay your solicitor at all
• If the claim wins, you would pay a success fee to the solicitor for their work. However, this is capped by law. 
• The success fee is not due until the settlement comes through.

You can also benefit from expert advice throughout your case and the construction accident solicitors can explain and clarify legal jargon. our panel of solicitors offer their services on a No Win No Fee basis. 

Chat With Our Panel Of Construction Accident Solicitors

Thank you for reading this guide on how construction accident solicitors could help your claim today. We understand that starting a personal injury claim against your employer may seem daunting but our panel of solicitors can support you every step of the way. Why not get in touch right now? 

• Call us on the number at the top of the page
• Contact us via our website
• Alternatively, you can use the ‘live chat’ option

More Guidance About Using Construction Accident Solicitors

Construction accident solicitors can offer you the advice to put forward an effective claim for your injuries and you can read more from the resources below:

How to claim after an accident at work

How to claim for hand injuries at work

Advice on slips, trips and falls compensation claims

St. John’s Ambulance offer advice after electrocution

Advice from HSE about avoiding slips and trips at work

Government advice on claiming compensation

Lastly, some general information about how to make a claim after an accident at work

If you need to know anything more about using the services of construction accident solicitors, get in touch. Our advisors will be happy to help you.