Construction sites are among the most dangerous places to work, and construction workers are three-times more likely to be killed or seriously injured whilst at work compared to employees working in other sectors – which is why it’s important to know your rights if you’ve been injured in a construction site accident that wasn’t your fault.
There is a high risk of injury on a construction site, and all health and safety measures must be implemented and complied with to ensure the safety of everyone on site. It is the responsibility of the site owner or your employer or an individual who has a legal obligation, to ensure your safety during your working day on a construction site.
If you or a loved one have been injured in an accident at work that was caused by the responsible person’s negligence, you may be entitled to make a claim for compensation.
What Are The Common Construction Site Accidents & Injuries?
Unfortunately, given the dangerous nature of construction sites, accidents and injuries happen often.
The type of construction site accidents varies widely but often includes:
- Falling objects
- Slips and trips
- Chemical exposure
- Falls from height
- Excavation site collapse
- Faulty equipment
- Safety belt or harness failure
- Electrocution
- Forklift or dumper or excavator truck collision
The resulting injuries range from the minor to the life-changing, and include:
- Head injuries
- Broken bones
- Spinal damage
- Loss of limbs
- Nerve damage
- Burns
- Internal organ damage
- Sight and hearing loss
- Psychological trauma
Sometimes, an accident triggers an illness or disease. Work-related illnesses include:
- Occupational cancer
- Occupational asthma
- Occupational deafness
- Organ failure
- Heart disease
- Hand arm vibration syndrome
What Can You Claim Compensation For?
You can claim compensation for the physical pain and suffering as well as for any psychological harm you’ve experienced.
Furthermore, you can claim for any accident-related expenses and any financial loss you’ve incurred, including:
- Travel for hospital appointments
- Prescription costs
- Loss of earnings
- Loss of job benefits
- Cost of home or vehicle alterations
- Physiotherapy costs
The amount of compensation you can claim for depends on the circumstances of your construction accident and resulting personal injuries, and whether there are any long-term consequences of your injuries.
When Do You Have To Make A Claim?
You need to make your compensation claim within 3 years of the date of your injury or within 3 years of realising an injury had occurred.
However, there are exceptions to this rule if you are making a claim on behalf of someone else:
- If the person suffered the injury when they were under the age of 18, you can make a claim on their behalf up until they turn 21
- If the person’s injury caused them to become mentally incapacitated, there is no time limit for you to make a claim on their behalf
- If the person’s injury resulted in their death, you have 3 years from the date of their death to make a claim on their behalf
How Can You Make A Claim?
To make a construction site injury claim, you need to show that the responsible person on site failed to do all that could reasonably be expected of them to do to protect the injured person and keep them safe.
Every case is different but as a guide, an employer or site owner responsible for the health and safety of a construction site can reasonably be expected to implement and comply with a wide range of safety measures, including:
- Regular checks of plant, machinery, tools and equipment used on site
- Personal protective equipment to be issued as required
- Compliance with health and safety regulatory requirements
- Staff training on all site systems
- Safety fences installed around scaffolding
You need to prove negligence on behalf of your employer or the person responsible for the construction site – and that this negligence caused your accident and resulting personal injuries.
How Long Does It Take To Make A Claim?
The length of a compensation claim depends on whether the accused party admits negligence or not. If they agree to being responsible for your injuries and to your compensation calculation, the claims process will be faster.
Sometimes, construction site injury claims are resolved within a few months and outside of court whereas other cases are slower and require court appearances.
However long your compensation claim takes, we will support you throughout. For your peace of mind, we can also help you to secure an interim payment on your compensation where liability is admitted, so you don’t have to worry about the financial consequences of your injuries and can focus on recovery.
How We Can Help You With Your Construction Site Injury Claim
Our construction law specialists are here to help you at every stage of the claims process. We will advise you on your rights to claim compensation and the level of compensation you may be entitled to, as this differs depending on the circumstances of your accident and whether you were on site at the time as an employee, self-employed labourer, or agency worker.
If the accident on a construction site resulted in death, we can support you with making a fatal accident claim. We are also able to help you to make a claim on behalf of someone under the age of 18 or someone who has lost mental capacity as a result of their injury.
We will use our thorough knowledge of construction law to assist you with your claim, and to ensure you receive the compensation you deserve – and help you to make a successful claim in the most straightforward and stress-free way possible.
To speak to one of our specialist solicitors about making a construction site injury claim, contact us on freephone 0800 988 3674 or Chester Tel: 01244 311 633 or email advice@bartletts.co.uk
