A construction site accident claim - sometimes called a building site accident claim - is a legal process initiated by individuals who have suffered injuries or losses due to accidents on construction sites. These claims are typically made against employers, contractors or other parties whose negligence may have contributed to the incident. The purpose of such claims is to secure compensation for the injured party, covering a range of potential damages, from medical expenses to lost wages. Construction accidents vary widely, including incidents like falls, equipment malfunctions, and injuries from handling heavy materials.

The duration of the construction accident claims process varies depending on the complexity of the case. Generally, a straightforward claim may be resolved in several months, whereas more complicated cases, especially those involving severe injuries or disputes over liability, can take years to settle.

Several factors influence the timeline, including:

• The extent of injuries: more severe injuries may require a longer period to fully assess the impact and long-term consequences.
• Gathering evidence: the time taken to collect all necessary evidence, such as medical reports and witness statements.
• Negotiations with the other party: the willingness of the other party to negotiate and settle can speed up or delay the process.
• Legal proceedings: in the rare case that the claim goes to court, the legal process can extend the timeline.

It's important for claimants to understand that while a quick resolution is desirable, obtaining a fair and adequate compensation is important, and this sometimes requires a more extended timeline.

Both employees and self-employed individuals, as well as employers, have obligations under the Health and Safety at Work Act 1974. This includes adhering to safety protocols and training. Individuals are expected to exercise reasonable care for their own safety and that of others.

If an individual fails to act responsibly and an accident occurs, the court may find them partially responsible for their injuries, a concept known as ’contributory negligence’. For instance, if a worker opts not to wear a hard hat and subsequently suffers a head injury from falling masonry, the worker didn't cause the accident but may have made their own injuries worse. 

In such cases involving contributory negligence, building site accident compensation claims can still be made, but compensation may be reduced based on the individual's share of the blame. For example, if the court determines that the defendant is 75% at fault and the claimant is 25% at fault, the claimant would receive 75% of the total compensation amount.

Proving negligence is a vital component of a construction accident claim. To successfully claim compensation, the claimant must demonstrate that the accident occurred due to someone else's negligence. This involves establishing that:

• The party responsible owed a duty of care to the claimant.
• There was a breach of this duty of care.
• The breach directly caused the accident and resultant injuries.

Evidence such as accident reports, witness statements, photographs of the accident scene, and expert testimonies can be instrumental in proving negligence. In construction accidents, negligence could stem from various factors, including inadequate safety measures, faulty equipment or lack of proper training. Legal expertise is often vital in navigating these complexities and effectively proving negligence in a construction accident claim.

The cost of employing the services of a solicitor for a construction accident claim depends on several factors such as the complexity of the case and the fee structure of the solicitor or the law firm.

We offer a no win, no fee agreement on any personal injury claim, including those for building site accidents. This means you are at minimal financial risk when you decide to work with us, as we will not demand you pay our legal fees if we are unsuccessful in claiming compensation for you.

Before proceeding, we ensure that our clients fully understand the cost implications and the most suitable fee arrangement for their case. This transparency helps clients make informed decisions without the stress of unexpected legal costs.

Being self-employed does not automatically disqualify you from making a claim. Employers are still responsible for the safety of self-employed individuals on the construction site. Legally, there should be no distinction between employed and self-employed workers in terms of safety obligations. Any entity with control over the workplace has a duty of care to all individuals on site. If health and safety rules aren’t followed, a claim may still be possible.

To successfully make a claim, you must demonstrate that a duty of care was owed and was not met, leading to the injuries sustained. Evidence that can strengthen a claim includes:

• Date and time of the accident
• Site address
• Contact details of witnesses
• Who the accident was reported to
• Medical treatment details
• Photographs of the accident scene
• A copy of the accident report

The more comprehensive the evidence, the stronger the case will likely be.

Timing is vital in filing construction site injury claims. In the UK, the general guideline is that a personal injury claim must be made within three years of the date of the accident or from the date when you first realised your injury was linked to the accident. However, it is advisable to initiate the process as soon as possible. Early action ensures that the details of the accident are fresh and evidence is more readily available. It also allows your solicitor more time to handle the claim.

Manual handling incidents are the most frequent cause of accidents on construction sites, according to the Health and Safety Executive (HSE) Report on Construction Statistics in Great Britain for 2020. Such incidents often occur due to insufficient or incorrect training, leading to improper handling of objects. Employers are obligated to adhere to UK Manual Handling Regulations and ensure that all employees receive the necessary training to prevent such accidents.

Falls from heights are the next most common type of accident and are particularly concerning due to their potential severity. They are the leading cause of fatalities in the construction industry, making up approximately 47% of all construction accident claims. The nature of construction work often necessitates working at heights, increasing the risk of such incidents. Both employers and employees must be vigilant to identify and mitigate any hazards that could lead to falls.

Slips, trips and falls are also common. Given the busy nature of construction sites, both employers and employees need to maintain tidy workspaces and clear walkways. Employers are responsible for enforcing these safety measures.

Accidents involving moving vehicles and objects account for around 22% of all reported incidents. These often occur due to inadequate risk assessments or insufficient training for vehicle operators. Employers are responsible for conducting thorough risk assessments, ensuring proper training, and making sure that all objects and equipment are securely stored.

The HSE is an independent body responsible for overseeing workplace health and safety. It has the authority to enforce legal measures when health and safety regulations are breached. In cases of serious accidents or injuries, the HSE may conduct an investigation and take action against the employer, ranging from issuing improvement notices to halting unsafe activities and even prosecuting those responsible for severe violations. While the HSE does not award compensation, the outcome of their investigation can be important in a compensation claim, as it may establish whether the employer was in breach of health and safety laws.

While visitors to construction sites are not covered by the same regulations that protect workers, they may still be eligible to make a compensation claim if injured. According to The Occupiers Liability Act of 1957, property owners, including those of construction sites, are obligated to keep their premises free from hazards that could harm visitors. This includes ensuring that visitors are provided with appropriate safety equipment like helmets and are restricted to safe areas of the site. Failure to adhere to these safety measures could make the site owner liable in the event of an accident involving a visitor.