Construction Accident Claims Solicitors

Who’s responsible for safety on construction and building sites

Construction sites must adhere to health and safety regulations designed to protect workers. It’s the employer’s duty to uphold these standards. If a site-related injury occurs due to lapses in safety, you may be eligible to make a claim.

Even in cases where you feel like the accident might have been avoidable, or that accidents on building sites are par for the course, or you feel bad for the company owners if you made a claim, your employer has a legal duty of care to protect you when on site.

These responsibilities are based on the Construction (Design and Management) Regulations 2015, and the Health and Safety at Work Act 1974 and you should be protected from avoidable accidents at all times.

In cases where your employer hasn’t met their minimum requirements as per the regulations, or you haven’t been given the correct training or appropriate safety equipment, then you most likely have a good case for a compensation claim.

It may also be possible to bring a claim against the site manager or owner, or in the case of defective equipment, against the manufacturer. We can determine who is responsible in your specific situation when you call us to make your claim.

Sometimes we make successful claims for people who were partly at fault for their accident. This is called a ‘contributory negligence’ claim and in these cases, instead of receiving 100% of the compensation you would usually get, you receive a percentage to reflect how much blame lies with each party.

What to do after a construction accident

There are a number of steps you can take after a construction site accident to better support your claim, but the most important is to ensure your safety and that of anyone else affected by the accident.

Seek medical attention where necessary or visit A&E for serious injuries or if you’re not sure how serious the injury is.
Once the immediate safety is secured, it’s important to log details of the incident in the accident book and make sure the person responsible for safety on site is aware of the situation.

Any evidence and information you have when you contact us is useful, but don’t worry if you don’t have anything, our legal team will work on obtaining all necessary evidence to support your claim.

Some of the things you may have that we can use as evidence include:

• The accident date and time as well as location
• The information from the accident book
• Contact details for anyone that witnessed the accident
• Pictures of the scene of the accident or any video you may have taken
• Information on any medical treatment you had after the accident
• Any information on losses you’ve incurred for example lost earnings, treatment, travel to medical appointments etc.

What compensation can you claim

If you’ve been injured due to a construction site accident or an illness caused by your working conditions, you can claim for the pain and suffering, as well as the losses you’ve incurred as a result.

The pain and suffering part is called the ‘general damages’ and the other losses and costs are known as ‘special damages’.

As these cases can take time to resolve, in most cases we can arrange for interim payments to help you with paying bills and for medical treatment.
The total compensation award for construction site accidents and illnesses will include a number of factors such as:

• Physical and psychological damage
• Lost income and medical costs
• Any modifications needed for your home
• Lifestyle adjustments and ongoing care
• Job or career changes due to the injury

How much compensation can you claim?

Compensation amounts are based on the nature and impact of your injury, including lost earnings and how the injury has affected your lifestyle. For instance, the Judicial Board’s guidelines outline potential payouts for different injury types:

• Severe scarring: up to £18,000
• Head, vision, or hearing injuries: up to £300,000
• Severe back injuries: up to £128,000
• Major limb injuries: up to £200,000

The more serious your injury, the higher your potential compensation. We’ll work with you to secure the full amount possible, including any interim payments that may assist while your claim is processed.

In the case of serious and life-changing injuries, the award of compensation for special damages such as loss of earnings and ongoing care, can far exceed the amounts for the actual injury itself.

Legal rights on a building site

By law, employers must maintain a safe working environment, taking every precaution to prevent injuries. Employer’s Liability Insurance is required by law to cover potential claims, meaning any compensation awarded comes from this insurance, not directly from the employer.

Typical grounds for a claim might include:

• Lack of proper equipment training
• Insufficient breaks
• Use of faulty equipment
• Missing or inadequate risk assessments

Employers are responsible for the safety of all people on-site, including contractors and visitors. If they’ve failed to meet these obligations, you may be eligible to claim.

How to make a claim for a construction site accident

If you’ve been injured while working on or visiting a construction site, you may be able to make a compensation claim. If you believe you have an illness that was caused by working conditions on a building site, you may also be able to claim compensation.

Our legal team will answer all the questions you might have and guide you through the process. A construction site compensation claim usually follows these steps:

1. Initial Consultation: You contact us to discuss your accident and injuries. We’ll ask for key details about the incident and any evidence you may have, before letting you if we can take on your claim with our no-win no-fee service.

2. Evidence Gathering and Claim Filing: Once we have your information, our team will start the legal process. Typically, compensation comes from Employer’s Liability Insurance or other responsible parties.

3. Compensation and Settlement: If successful, you’ll receive all the compensation other than any agreed fees, and you’ll always keep the majority of the compensation. Interim payments may be available to cover any immediate or urgent needs.

Time limits for construction accident claims

The time limit for making a construction site compensation claim is usually three years from the date of the accident or, in the case of illness claims, three years from the date the illness was discovered to have been caused by the working conditions.

In severe cases where the injured person has lost mental capacity, there is no time limit and a family member can make a claim on their behalf.

In all cases it’s better to make the claim sooner rather than later, as this helps us make the strongest possible case, gather relevant evidence, and more easily trace the people and insurance companies who are responsible for paying out the compensation.

Why choose Wolferstans for your no win no fee claim?

When you choose us, you’ll work with a team known for achieving exceptional results in personal injury claims. With over two hundred years of legal experience, we specialise in recovering compensation on a No-Win, No-Fee basis, meaning you only pay if we win.

Our goal is to ensure you receive the compensation you deserve, and we’re committed to going the extra mile, whether handling challenging claims or taking over cases that other firms have turned away.