Should I Use Construction Accident Solicitors For My Personal Injury Claim?
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.
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
- When Could I Use Construction Accident Solicitors?
- How To Prove Negligence For A Personal Injury Claim
- 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 Construction Accident Solicitors Under A No Win No Fee Agreement?
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.
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:
- Your employer owed you a duty of care. (This duty should be outlined in legislation.)
- They breached that duty, causing an accident or incident.
- 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.
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.
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.
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.
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%
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.
|Brain Damage||(a) Very severe brain damage||£264,650 to £379,100|
|Back||(a) Severe (i)||£85,470 to £151,070|
|Injuries to the Pelvis and Hips||(a) Severe (i)||£73,580 to £122,860|
|Arm||(a) Severe||£90,250 to £122,860|
|Severe Leg Injuries||(i) The Most Serious Injuries Short of Amputation||£90,320 to £127,530|
|Knee||(a) Severe (i)||£65,440 to £90,290|
|Wrist Injuries||(a) Injuries resulting in complete loss of function||£44,690 to £56,180|
|Ankle Injuries||(b) Severe||£29,380 to £46,980|
|Chest Injuries||(e) Toxic fume/smoke inhalation||£5,000 to £11,820|
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.
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:
St. John’s Ambulance offer advice after electrocution
Advice from HSE about avoiding slips and trips at work
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.