Construction Accident Claims

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    Construction Accident Claims

    The construction industry is subject to a range of health and safety laws aimed at protecting workers from injuries. While regulations have improved significantly in recent years, injuries to construction workers and site visitors can still occur, causing long recovery times, serious disabilities and even fatalities. If you’ve been injured in a construction accident you could be eligible to claim compensation.

    Claim for your construction accident

    According to Construction Magazine, there were 45 construction fatalities between 2022 and 2023, with the industry surpassing agriculture, forestry and manufacturing. Despite health and safety measures, the nature of the work often means people are more susceptible to injuries.

    If you were working on or visiting a construction site and suffered an injury that wasn’t your fault, you could be eligible for compensation. To find out more, call 0800 234 6438 or complete the online form today, and get free legal advice from a specialist advisor.

    What is a construction accident?

    A construction accident is any unexpected event on a construction site that damages or harms people, property, or equipment. Due to the presence of complex equipment, heavy machinery, ongoing hard labour, and often working at heights, accidents are quite common.

    However, strict legislation is in place to protect construction workers and visitors from undue harm. The Health and Safety Executive governs the construction industry, covering employer responsibilities, providing personal protective equipment and reducing hazards in the workplace.

    These guidelines are meant to protect people, but accidents can still happen for several reasons. When they do, the effects can be severe, leading to an inability to work.

    Why make a construction accident claim?

    Everyone has the right to perform their job and go home unharmed at the end of the day. However, poor maintenance of equipment, failure to remove hazards from the construction site or a general health and safety oversight can have severe implications.

    The injuries sustained in a construction incident could cause long-term disabilities and even fatalities, resulting in lost wages and lifelong changes. Claiming compensation can help you recover financially from the incident and hold the company responsible for their negligence.

    Many compensation claims result in companies putting robust health and safety measures in place, preventing others from falling victim to an accident.

    To find out more, call 0800 234 6438 or complete the online form today, and get free legal advice from a specialist advisor.

    The causes of construction accidents

    There are numerous causes of construction accidents, but you must prove negligence to make a claim. Typical forms of negligence include:

    • Not conducting risk assessments or failing to implement findings from them.

    • Poor maintenance of equipment and machinery.

    • Failing to equip employees with PPE.

    • Improper – or lack of – training.

    • Not allowing employees to take regular breaks.

    These forms of negligence can lead to accidents that result in minor and serious injuries. Let’s take a look at typical causes of construction site accidents:

    • Trips and Slips: Poor lighting, hazards in the way and a general lack of concern for the working environment can lead to injured workers.

    • Lifting Injuries: Construction work involves a lot of lifting, and poor training can lead to back and neck injuries.

    • Machine Accidents: Working with machinery and electricity can result in severe injuries.

    • Falling From Heights: Falling is one of the more common accidents, especially in crowded sites.

    • Work-Related Illnesses: Construction workers are more at risk of silicosis and asthma. If you worked in the injury many years ago, there’s also a risk of asbestos-related conditions.

    Injuries that might occur when you’re injured in a construction accident

    You could experience many injuries, but some are more common than others. Fractures can lead to time off work and ongoing physical therapy, but they’re usually relatively minor. Serious injuries include damage to the back and neck, head injuries, and crushing injuries.

    Some people might also lose limbs or become paralysed, so the severity of injuries can vary. Whether it’s a minor fracture or life-changing damage, you can claim compensation by proving negligence.

    Filing a personal injury lawsuit

    Construction accident victims can claim compensation if there’s proof of negligence. In most cases, this involves providing evidence that your employer:

    • Failed on their duty of care

    • Didn’t provide you with proper training and equipment

    • Wasn’t working within health and safety guidelines

    To find out more, call 0800 234 6438 or complete the online form today, and get free legal advice from a specialist advisor.

    You’ll then get access to an experienced construction accident lawyer, and the claims process will begin.

    Making a no win no fee claim

    Many people claim through a no win no fee legal service, as it offers fewer risks, and these solicitors are highly experienced in negotiating workers compensation. While a traditional lawyer can file a claim for you, they charge hourly, which means you’ll incur hefty fees.

    Some claims can last for months or even years, and there’s no guarantee of securing a payment. No win, no fee lawyers don’t have any upfront charges, and they only receive money if your case is successful.

    Not only does this mean you get more flexibility, but it’s also a zero-risk way to seek compensation and won’t result in any financial losses.

    Calculating an award

    Your solicitor will look at various factors when determining how much compensation you should receive, including how the accident occurred and the extent of your injuries. Evidence can also help your claim, as it will prove negligence, so your lawyer will try to secure all relevant information.

    In most cases, you’ll also attend a medical assessment, which can help your solicitor prove the immediate and long-term impacts of your injuries.

    Negotiating the claim

    Once your lawyer has all the evidence and a compensation amount, they’ll present evidence to your employer’s insurance company and negotiate with them.

    There’s no saying how long this will take, as it depends on how receptive the negligent party is and whether the employer is willing to take responsibility. In some cases, you might go to court, but that depends on whether you accept an offer or want to secure the maximum compensation.

    Settlement and moving on

    Once both parties agree to an amount, your construction worker claim will be settled, and you’ll receive a payment. The solicitor will take their fee out of the final payment, and you’ll get either a lump sum or incremental amounts, depending on your agreement.

    What evidence should I gather?

    Your solicitor will gather evidence on your behalf, but you can speed the process up by taking photographs of the accident site and asking for eyewitness contact details. Here are some ways to strengthen your case with proof of the incident:

    • Under RIDDOR regulations, all employers must record accidents, which gives you documentation of the incident. Also, in some cases, the property owners or employer are legally obligated to file a report through the Health and Safety Executive.

    • Ensure you seek medical care at the hospital or through your GP, as they’ll detail it in your medical records.

    • Record any medical expenses, travel costs and anything else that might help your personal injury claim.

    • CCTV can also strengthen personal injury cases and help you recover compensation. Your lawyer will try to obtain any footage of the job site.

    How much compensation could I receive?

    Construction accident cases vary in severity, and there’s no set amount when you pursue compensation. When deciding on an amount, your solicitor will factor in general and special damages, making it easier to put forward a case.

    Factors that decide your compensation amount include:

    • Yourinjuries: Accidents on construction sites can be minor or severe. For example, if you suffer a fracture, you’ll receive less compensation than if your accident results in a long-term disability.

    • Pain and suffering: Any physical pain and suffering and the psychological impact on your injury factor into your claim.

    • Financial losses: Lost wages, medical expenses, travel costs, private medical treatment, and anything else that impacts your finances form part of the claim.

    • Personal property: If your phone or any other personal property is ruined in the accident, you can claim compensation.

    Experienced construction accident lawyers are used to these claims and can tell you how much money you can expect to receive.

    Get access to a no win no fee construction accident lawyer today

    If you’d like to find out more about your eligibility to make a construction worker’s compensation claim, call 0800 234 6438 or complete the online form today, and get free legal advice from a specialist advisor.

    Once you connect with a no win no fee service, you can begin your construction accident lawsuit.

    Construction Accident Claims FAQs

    What are the time limits on construction accident claims?

    As with all personal injury claims, you have up to three years from the accident date to file your claim. It’s best to assess your legal options quickly, though, as the negotiations can drag on, and you should have enough time to complete the process and secure an award.

    Can I claim on behalf of a loved one?

    If your spouse died in a construction accident, you can file a claim to hold those responsible accountable for their death and replace any financial losses you’re dealing with. The exact time limits as above apply, so it’s a good idea to seek support early on.

    I feel wrong about claiming compensation. Should I?

    No, you shouldn’t. Your employer will have insurance that covers your settlement, so you won’t need to worry about putting other people out of jobs.

    Also, as an injured construction worker, you’ll probably want to ensure the same thing doesn’t happen again, and compensation claims usually lead to changes within the company.

    Most importantly, you might need to cover medical bills, mortgage payments or any other expenses your job used to pay for. Compensation can help you recover financially and begin to enjoy life again.

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