Construction Accident Claims: UK solicitor sets out how to show your employer is legally responsible to pay compensation for a work injury on a construction site
Discover what construction accident claims are, the specific dangers of construction sites, and the UK health and safety rules designed to protect workers from injury.
What are construction accident claims in the UK?
“Construction accident claims” are also known as “construction work accidents” or “building site accident claims” – all of which describe a claim for compensation from an employer for injury and subsequent financial loss as a result of an accident suffered whilst working on a construction site.
A “construction site” or a “building site” is the name given to an area in which new buildings or other form of structure is constructed, which include houses, flats, bridges, motorways, roads , power stations, wind farms and other forms of structure which make up the infrastructure in the UK.
Do you have to be an employee to make construction accident claims?
You do not have to be an employee to make construction accident claims – you can be a contractor, an agent or self employed. So long as your accident occurred on a construction site you are owed a duty by – the business immediately in charge of your system of work; the company in overall charge of the construction site and also the owner of the land and premises forming the building site (as an occupier).
See our occupiers liability article to see our detailed explanation setting out the duty of the land owner.
What is the duty you are owed by an employer if you are a construction site worker?
As a construction site worker you are owed a duty by your employer to keep you safe from injury and accident and their are specific health and safety regulations provided in UK and European law to protect you, which include:
1. Working at height regulations
There are specific laws relating to how jobs must be done and safety equipment to be used if you are working anywhere other than ground level – whether it be on a ladder, on scaffolding, on a roof, etc.
For example, if you are on a ladder – the ladder should be secured or footed to prevent it from wobbling and causing you to fall.
2. Risk of falling objects
All workers on a construction site should have protective equipment at all times – including a hard hart to prevent injury from falling objects, which are typical construction worker accident claims.
3. Protection form defective and dangerous premises causing construction accidents
Defective and dangerous premises refers to any dangerous areas on the construction site – such as deep holes, etc. or unstable structures, which should be fenced off or clearly marked with appropriate warnings.
4. Defective machinery and work equipment
An employer is liable for construction site accidents causing you injury as a result of defective work equipment – you only need show that the equipment is defective not how the defect was caused.
In our defective work equipment compensation article we describe how to succeed in a compensation claim for defective machines and equipment.
5, Manual handling of objects on building sites
Many construction accident claims are caused from workers handling large heavy objects.
If workers are required to handle large objects or small objects on repetitious basis – the action is classed as manual handling and as such your employer must risk assess the task before a you do the job to ensure your safety.
Following any injury as a result of manual handling – the task should be further risk assessed and if your injury is serious (requiring more than three days off work) a RIDDOR report should be made and the Health And Safety Executive notified.
6. Excessive noise exposure
Noise from construction sites can be excessive – whether single massive sounds (such as from the use of explosives or large metal objects colliding) or constant excessive loud noise – such as the sound used by construction machines, diggers, power tools and large vehicles.
Noise exposure can lead to industrial deafness and health and safety regulations set out the maximum noise levels that you can be exposed to before risk of injury to hearing and hearing protection or noise reduction techniques are necessary.
Our industrial deafness claim article explains how to claim occupational hearing loss compensation.
7. Injury from work vehicles
Specific laws apply to the training and safety of workers using vehicles – whether it be forklift trucks, cranes, diggers, lorries, etc.
How do you show your employer is responsible to pay compensation for construction site accidents?
Showing legal fault or legal responsibility of your employer is best left down to a specialist solicitor.
See our accident at work claim article for a detailed explanation as to how your solicitor can show fault.
Who can make construction accident claims?
An employee is clearly entitled to compensation, but in certain circumstances other individuals can make construction accident claims.
In our building site accident claims you can see how the self employed, visitors, trespassers and employees overseas can claim compensation.
Summary of construction accident claims
In this page I have set out the specific health and safety laws which allow you to show your employer is responsible for your construction accident claims and why you should use a specialist solicitor to claim compensation.
Specialist solicitor free online / telephone help
Click online solicitor free help options to select from our free online legal help options,including asking an online question or arranging a specialist solicitor callback to discuss your construction accident to see your options to claim compensation.