Construction Site Injury Compensation Claims

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The construction industry is legally obliged to provide a safe and secure environment for workers and visitors. If you suffer an injury on a building site through no fault of your own, you may be entitled to claim compensation.

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Construction accident claims regularly involve severe injuries with serious consequences, including psychological trauma. Falls from ladders or scaffolding and into holes are common, as are being struck by falling objects and vehicles. Staff members may be tasked with using machines which are faulty, poorly repaired or missing safety guards. There are also risks of incorrectly stored or labelled chemical substances, exposed electrical circuits and more. While falls from height result in the most serious injuries, the most common reason for a claim is down to injuries sustained through lifting and handling.

Employer liability

Employers are legally obliged to provide a safe and secure environment for workers, and ensure they are properly trained for the job. This includes construction site management companies, contractors and other bodies working in the industry. They are also responsible for the safety of visitors to the site.

Injury claims for construction accidents will succeed if it can be proven that the organisation responsible for health and safety has been negligent and failed to comply with their statutory duties. In such cases, the employer will be found liable and the claimant will receive compensation.

Why claim compensation after a construction accident?

If you have been injured at work on a construction site, claiming compensation can help ease some of the problems you’ll experience and help in a number of ways:

  • It’s your legal right, and fairly compensates you for injuries that were not your fault.
  • It can pay for private medical treatment and rehabilitation therapies to speed your recovery.
  • It can make up for lost income now and in the future if you are prevented from working again.  This is by way of a special damages claim that relates to losses above and beyond any compensation settlement awarded to cover the injuries and distress caused.
  • In fatal accidents it can provide loved ones with some measure of compensation for their loss.

As all construction accident claims are made on a No Win No Fee basis, you will never be charged if your claim does not succeed. A successful claim will lead to a compensation settlement being made to you.

How much can you claim?

How much compensation you’ll receive depends on the seriousness of your injury and its impact on your life. Solicitors will use guidelines issued by the courts which give upper and lower figures for each injury. The value of the claim will include any lost income and incurred costs, as well as a settlement for the injuries and medical treatment that you have received.

Additional medical help for your recovery

As well as getting a financial settlement, your solicitor will look to help you to recover more quickly by obtaining rehabilitation therapies or private specialist treatments, at the expense of the 3rd party.

It maybe that you will be able to obtain further treatments unavailable in usual circumstances to help you recover more quickly and return to work and normality. Further information on this will be available from your solicitor once your claim has been started.

In what circumstances you can claim?

In the majority of cases, claims will succeed if employer or site management negligence can be proven. Construction employers and site management providers must ensure:

  • That site staff are given a safety induction relating to the site on which they are working.  That they are made aware of the likely risks to health and made aware how to deal with accidents and seek first aid.
  • That the site health and safety signs are properly and prominently displayed.
  • That all workers are made aware of their obligations to work safely.
  • That all people on a construction site are wearing the correct personal protective equipment.
  • That workers have been given manual handling and lifting training.
  • That site staff are adequately qualified to use any tools or machinery that they are asked to use.
  • That the tools and machinery that site staff are tasked with using are fit for purpose, by way of regular servicing and repair of the same.
  • That any tools or machinery that are faulty are removed from use and only returned to active service once fully repaired.
  • That any noxious or dangerous chemicals are handled in compliance with the ‘Controls of Substances Hazardous to Health’ (COSSH) guidelines, and that chemicals are stored and controlled accordingly.

Any person who suffers a construction accident at work as a result of employer negligence is entitled to make a claim for personal injury compensation.

If you believe that your employer or a construction site management company (or a contractor) exposed you to the risk of injury due to a lack of training or inadequate health and safety management in the workplace, you should contact Direct2Compensation today to start your claim.

How Direct2Compensation can help with your claim

Direct2Compensation are experts in managing claims for injuries caused in accidents at work. Over the years we have successfully assisted many claimants who have been injured on a construction site, we know your rights and can help you to understand whether the specifics of your accident are such that you are likely to win compensation.

As with all accidents at work, it is important to make sure that the details have been recorded properly within an employer’s or site accident book and that medical attention is sought for any injuries that you have sustained. If you haven’t done this already, we can help you to do so.

If you have suffered a construction site injury and want to know if you can make a claim for compensation, contact us today. You can start your claim online or request a call back, and one of our expert team will be in touch to offer help. Alternatively, call us on 01225 430285.

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    • There is no hard and fast answer to this question as each and every claim for personal injury compensation and accident at work compensation needs to be run on its own merit and as such, each claim can take a different amount of time to go from start to finish.

      As a general rule of thumb, we can say that claims in the United Kingdom made for accident at work compensation will take a minimum of 9 months or so to go from the instructing of a specialist Solicitor through to receiving a compensation settlement. However, many claims will take a while longer and at the outset of any claim we advise claimants that they should expect their accident at work compensation claim to take around 12-18 months in total. Whilst we work hard to make sure that all claims are settled quickly, our specialist Solicitors must always act in the best interests of the claimant and as such, it is often the case that a period of time is needed in order to fully evaluate the extent of a claimants injuries and to gain an understanding of their likely level of recovery.

      If you would like to find out more about the length of time a claim for compensation will take, I have provided a link to a useful resource on our website entitled ‘How long does a compensation claim take?

  1. Hi my sons just had an accident at work, a building site, whilst building his wall his leg fell through a hole, with some type of metal poking out, that should have been covered previously! Causing him to go by ambulance to a&e being admitted for surgery due to to the large gash going through his calf. It’s causing him some discomfort only happened fri, he’s due to go back to hospital for follow up next fri, we don’t know how many stitches weather he needs to have any pyshio ok to use it walk drive etc. Yet him firm are asking him to go back on light duties before the weeks out! Obviously not to cause them any more grief, my son feels torn! What advice can you give please? It feels like their pressurising him, & he’s not allowed to even get over an incident that was the fault of the firm.

    • Thank you for visiting our website. Your Son’s injury at work sounds extremely painful and most distressing.

      Firstly, on the basis of what you have described, there is clearly a case of negligence here as the opening/hole that your Son’s foot/leg went through should not have been opened or the cover that was over it should have been strong enough to withstand pressure. I think that your Son should pursue a claim for compensation for this injury as it is likely that he will have suffered long standing injuries in this incident. Of course, there is a very nasty laceration injury that will leave a permanent scar, but the long standing problems that can be caused by such a serious laceration will include nerve damage and muscle strength. In the future, such injuries may affect his ability to work properly and it is therefore vital that he takes every step he can to protect his rights going forward. Whilst he has a period of up to 3 years to pursue a claim for compensation, evidence shows that the sooner the claims process is commenced, the better the outcome for the claimant.

      With regards to his employer asking him to return on light duties, I would see that as a positive offer from them. If your Son is not be ready to return to work and his Doctor feels that he requires a period of rest, then he can simply inform the employer that he is unfit to work and provide a Doctors note to confirm the same. Whilst he may not receive pay if he is away from work on sickness (only SSP), he would be able to reclaim any lost income through a claim for accident at work compensation if he were to succeed. The offer of light duties will enable your Son to earn his usual salary and therefore avoid the stress of money worries or ability to pay ones bills and expenses. He should not feel torn or pressurised because the decision to return to work can only be taken by the employee on the advice of their Doctor.

      We would be very keen to pursue this claim for your Son. To this end, please forward contact details to me via email to ian@direct2compensation.co.uk and I can then call to discuss things with him in detail.

  2. I had an accident at work last year. I work on a construction site as an apprentice and I tripped over some rubber gasket and injured my knee (I have photographs of the area at work). I filed an accident report and went to A&E. I was working away from home and the A&E I attended wasn’t local to me. They said I had bruising and sent me home with orders ‘to rest it’. I was off work for a few days in excruciating pain with bruising to the area. At the weekend my knee buckled, due to the injury, as I was walking down the stairs so I attended an A&E locally, they informed me that I should of been given at a scan the first time I visited A&E (on the day of the accident) and given crutches which I wasn’t, so they gave me some. I attended hospital appointments on multiple occasions where I was told I had a meniscus tear and may need surgery. I went back for a more thorough scan and was told that they can’t be certain if it had been torn without doing surgery but ideally want to avoid surgery due my age (24) as it could cause further long term problems and my job as a joiner means I work on my knees a lot. Using the crutches started giving me severe pain in my shoulder and back. I had tingling in my hand and fingers. I had reconstructive surgery on my shoulder for an AC Joint Discolation in 2012 following a car accident so my right shoulder is considerably weaker than my left and using the crutch was painful and difficult, causing strain on my shoulder and meaning I had to resort to using my old shoulder support strap. The Health and Safety Officer came out to visit me regarding my knee injury and informed me that I am entitled to make a claim if I wish. I had a total of 17 weeks off work and was sent to numerous physiotherapy sessions in this time, I also received SSP weekly. My employer didn’t make much effort to communicate with me during these weeks and I felt it was me constantly updating them on my injury, I felt they were really dismissive towards me. I’d like to make a claim but I am concerned it will affect my working relationships. I have been told I am the first person who has had a serious injury of this nature at work, resulting in a long period of being off sick. The site I was working on is ‘owned’ by a contractor (MS) where my company are employed by this contractor (MS) to carry out the work on the site. This contractor (MS) provides the company I work for with a massive amount of work and I’m worried that if I make a claim against the contractor (MS) then the relationship between them and my company will become unpleasant and they could refuse work contracts to the company who employs me, which could lead to my company loosing a lot of ‘custom’ and therefore jeopardise my job if they can’t afford to keep me on (once my apprenticeship has ended). The contractor (MS) has tried to deny responsibility blaming the fact I wasn’t wearing my own personal work boots on the day of the accident (I had left my own boots in a work colleagues vehicle the previous week and he forgot to return them to me so I used a spare pair of work boots from the locker room which were in good working condition, adhered to the health and safety PPE regulations and were my correct size). I have suffered greatly whilst being off sick, both physically and mentally. I was off work over Christmas, meaning I was unable to purchase Christmas presents for my little boy due to a lack of income and I had to rely on my sons mother (who I wasn’t in a relationship with at the time), to add my name to the Christmas presents she had bought for him; she also had to lend me money so I could get by. I paid for her Broadband package on a monthly basis as she could not afford it and it was a way for her and my son to communicate with me but due to my financial situation being off work I got into arrears with the company which caused added stress. I could not interact with my little boy as I normally would, he is only two years old and I was unable to be with him alone for days out to the park, soft play area etc as I was unable to run after him, so I always needed someone to accompany me. I have been back at work on light duties since the new year. I spoke to someone in my works office today to enquire about how I go about making a claim and she told me she doesn’t want to discus it over the phone and said she’d send the big bosses to see me on site, this is making me feel really uneasy, intimidated and anxious. Can you advise me on what to do,my rights and if I am entitled to make a claim without my career being put in jeopardy. I am supposed to finish my apprenticeship in a few weeks (I’m having to catch up on the work I missed when I was off work due to the knee injury so it could take more than a few weeks caused by the injury being a set back) but my employer has told me they’d like me to complete my Level 3 after I finish my Level 2; this was before they were aware I want to make a claim but I can’t afford to jeopardise my job when I have responsibilities. Thank you in advance.

    • Matthew

      You have a legal right to pursue a claim for compensation if you feel that the injuries were caused by the negligent acts of someone else (an employer or business). In your case, this is exactly what happened and I would argue that you have a viable and valid claim.

      Your employer cannot terminate your employment because you opt to make a claim – this would be against the law. Most employers are extremely fair with people when they are injured through no fault of their own and when there is negligence, hold their hands up and accept a claim. In your case, it may not be your employer that faces the claim – it could be the site management company or main contractor responsible for the overall management of the site in question and if this is the case, your employers would have nothing at all to be concerned about if you were to claim. However, I cannot say for certain that your employer would not be ‘awkward’ with you if you were to claim – they shouldn’t, but we do hear the odd story of harassment of people who do need to make claims.

      In your case, your entire career could be jeopardised by your injury rather than any claim and you need to think of this rather than how a claim may damage your employer.

      I think it would make sense for us to chat on the phone as it would be far easier to get to the bottom of what happened and to explain your rights. Please call us on 01225430285 or email me via justice@direct2compensation with your number and we’ll get in touch.

      Yours sincerely

      Ian Morris

    • Yes, if you work in construction there is a very clear risk of injuries whilst on a ‘site’ and as such, it is vital that employers ensure that all workers at the site have been inducted and provided with relevant training regarding the health and safety risks on the site.

      Whether or not the claim would be successful would depend on the exact details of the accident – how it happened and what caused it. However, the lack of a site induction would give me confidence that a claim would have a good prospect of succeeding if brought forward.

      Please call us on 01225430285 so that we can discuss your situation with you and help you get a claim up and running.

      Yours sincerely

      Ian

  3. In 2015 I fell 14 feet backwards from a house on a construction site and broke my neck resulting in a factors of c5 c6 c7 and a fusion of c5 and c6 . My employer refused to call for medical help made me sit In a truck for three hours before I was taken to the hospital an hour away in another employees truck

    • David

      What a horrendous injury to suffer. Accidents at work often cause some of the most serious injuries that form the basis of a claim for personal injury compensation and the injury you have suffered is clearly extremely serious.

      Whether or not the cause of your accident and subsequent injury would make a strong claim for compensation is something I can’t comment on at the moment. We would need to know if it was as a result of employer negligence (i.e a lack of training, safety equipment or site management) as the injury itself is secondary when it comes to establishing who is the liable party (the cause of the accident). However, the actions of your employer in refusing to call for medical assistance or offer immediate 1st aid is clearly indefensible. It may well be that you could successfully sue your employer if you could establish that their negligence in handling the injury immediately (refusing to call emergency service assistance) had worsened the injury, caused your recovery period to be longer or prevented you from making a complete recovery.

      To establish this, you would need to speak to your medical team and get their view. If they felt that this was the case, you would have a good chance of succeeding if you were to pursue them for workplace accident compensation.

  4. Hi, i work in construction i was on a site on 17th of march we where packing up to go home i was told to put the shutters on the telescopic forklift while i was putting one of the shutters on i lost my balance and fell and broke my hand and damaged ligaments in my fingers. I was on the site as a labouer not a forklift driver, im wondering if i can claim as it was partly my own fault i think. Ive been off work for 5 weeks and will most likely be 7-8 weeks before im back. Thanks hope to get a reply soon.

    • Dear Sam

      Thank you for your enquiry and explaining your situation. Your gut instinct here could well be right, in that it might be a split liability matter. Split liability claims can still succeed with you receiving a compensation payment for your injuries, but with you having to accept some responsibility for the accident and your employer accepting the rest. In this situation, you would receive a compensation settlement that matched the amount of liability placed on the employer. For example, if you were found to be 25% responsible for the incident as you slipped/lost balance and your employer was 75% responsible as they hadn’t provided you with the right training or asked you to perform a task that should only be done by someone qualified to operate a fork lift, you would receive 75% of the full settlement value of any claim.

      We would certainly be willing to help you make a claim for accident at work compensation and would like to speak with you further so that we could link you with a specialist no win no fee solicitor.

      We look forward to helping you.

      Yours sincerely

      Ian Morris

Direct2Compensation Personal Injury Claims

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