Last Updated 14th February 2025. Have you been injured on a construction site through the fault of someone else? Our guide to construction injury claims can help.
This guide will help you determine who is eligible for construction accident compensation, the types of accidents that can lead to a claim, and the amount of compensation you could receive with the help of a No Win No Fee solicitor from our panel.
We will explore the duty of care placed on employers to keep their employees safe at work and discuss any other issues that could affect your claim. You will need to know how to prove a claim and how long you will have to do so. We will explain both.
Finally, this guide will discuss the benefits of claiming with a construction accident lawyer. Keep reading to learn all of this and more, or contact our team of advisors for a free case assessment and to ask any questions you might have:
- Phone us on 0800 408 7825
- Submit your details via our ‘Contact Us‘ form
- Use our Live Chat box below
Select A Section
- The Criteria For Construction Injury Claims
- Examples Of Construction Accidents At Work
- How Much Could Your Construction Injury Claim Be Worth?
- Claiming Compensation For A Construction Injury
- Construction Injury Claims And No Win No Fee Agreements
- Learn More About Construction Injury Claims
The Criteria For Construction Injury Claims
When you make a construction injury claim, you first need to establish that the party responsible was negligent. This means that:
- They owed you a duty of care.
- They breached this duty.
- They caused you harm.
A duty of care is a legal requirement to ensure the safety of others through every reasonable means. Employers owe their staff a duty of care under the Health and Safety at Work etc. Act 1974 (HASAWA), which means they must:
- Conduct risk assessments.
- Ensure employees receive proper safety training.
- Provide and maintain adequate Personal Protective Equipment (PPE).
When you work on a construction site, various foremen, site managers, and colleagues may be involved. In most cases, however, your employer is ultimately responsible for your health and safety for as long as you are at work.
Contact our team of advisors today to find out if a construction injury lawyer from our panel could help you make a compensation claim. Or, keep reading to learn more.
What Are The Time Limits For Making Construction Accident Compensation Claims
The Limitation Act 1980 places a time limit of three years on personal injury claims, beginning on the date of injury. There are exceptions:
- The person could not have known they were injured immediately. This can happen when acute injuries have delayed symptoms. Once the issue is diagnosed, three years begin.
- The injured person is a child. They must wait until their 18th birthday or be appointed a litigation friend, at which point their three years will begin.
- The injured person lacks the mental capacity to make a legal claim. They must prove their capacity or be appointed a litigation friend, at which point their three years will begin.
A litigation friend is a trusted person who manages the claim on behalf of a child or vulnerable adult. Contact our team today if you would like to discuss claiming on behalf of another. You can also discuss any concerns or questions you may have about the three-year deadline.
Examples Of Construction Accidents At Work
Below, we have provided examples of how construction accidents at work could occur.
- No warning signs may have been placed to alert employees of hazards. As a result, a falling object could strike an employee in the head, breaking several facial bones. Warning signs can also be useful in preventing slips, trips, and falls on construction sites.
- Inadequate Personal Protective Equipment (PPE) could cause an employee to sustain a serious eye injury if splashed by hazardous substances. If hazards cannot be avoided, relevant PPE should be provided to staff free of charge.
- If faulty equipment is poorly maintained, serious injuries can result. For example, an employee could crash while using a faulty forklift truck and sustain a back injury or broken leg.
- Lack of training can allow unsafe practices and even lead to fatal accidents. If an employee is asked to work from a height without being given any health and safety training, they could fail to attach their harness properly, fall from a height, and sustain damage to their spinal cord.
To discuss the specific circumstances surrounding your construction site accident, do not hesitate to speak with our team of advisors today. They can offer further insight into construction injury claims to help you understand when you could be eligible to seek compensation.
How Much Could Your Construction Injury Claim Be Worth?
If your claim is successful, the construction accident compensation may comprise two heads:
- General Damages: This head includes compensation for your physical and psychological injuries.
- Special Damages: This head includes compensation for your financial losses.
For general damages, your construction accident lawyer or the person responsible for calculating compensation will refer to the Judicial College guidelines (JCG). These guidelines provide a suggested bracket of compensation which could be awarded for various injuries.
The table below summarises some of the JCG figures. However, the JCG applies only to claims within England and Wales and this table is only meant to be used as possible guidance for construction injury claims.
Injuries Table
| Injury | Severity | Compensation Bracket |
|---|---|---|
| Several Serious Injuries + Special Damages | Serious | Up to £500,000 or more |
| Brain damage | Moderate (ii) | £110,720 to £183,190 |
| Moderate (iii) | £52,550 to £110,720 | |
| Leg | Above-Knee Amputation of One Leg | £127,930 to £167,760 |
| Less Serious (i) Fractures From Which an Incomplete Recovery is Made or Serious Soft Tissue Injuries | £21,920 to £33,880 | |
| Arm Amputation | Loss of One Arm (i) | Not Less Than £167,380 |
| Injuries Resulting in Permanent and Substantial Disablement | £47,810 to £73,050 | |
| Wrist | Complete Loss Of Function (a) | £58,710 to £73,050 |
| Elbow | Less Severe Injuries | £19,100 to £39,070 |
| Ankle | Moderate | £16,770 to £32,450 |
| Eye | Minor | £4,820 to £10,660 |
Please note that the top entry is not part of the JCG.
You can look more closely at the numbers by checking out our accident at work claim calculator where you can find compensation payouts for a wide range of injuries.
Special Damages In Construction Injury Claims
Special damages compensate for the money you have lost because of your injuries. This includes both past and future losses. Examples include:
- Lost wages.
- Travel expenses related to treatment.
- Medical expenses.
- The cost of accessibility to your home.
- Care costs.
Payslips, invoices, bank statements, tickets, and receipts can all be used as evidence to prove these losses.
For more information about the process of calculating compensation for successful construction injury claims, don’t hesitate to get in touch with an advisor at the number above. They could offer you a free and personalised estimate of your case.
Claiming Compensation For A Construction Injury
Proof is vital for maximising your chances of success. To make a construction injury claim, you must show that an employer did not uphold their duty of care and that, as a result, you were harmed. You may, therefore, wish to gather the following evidence:
- CCTV footage of the accident.
- A diary of your symptoms and treatment.
- Photographs of the accident site and your injury.
- The contact details from potential witnesses.
- Copies of your medical records.
Suppose you contact our team of advisors today about your specific circumstances. In that case, they may connect you to an accident-at-work solicitor from our panel who can help you gather evidence and support you through the personal injury claims process.
Construction Injury Claims And No Win No Fee Agreements
When you work with a No Win No Fee solicitor from our panel, you are working with someone who has years of experience dealing with construction injury claims. Additionally, they could provide you with the following services:
- Gather the strongest evidence available.
- Negotiate with third parties on your behalf.
- Calculate a compensation settlement for you that covers both your general and special damages.
Every construction accident lawyer on our panel offers their services through a Conditional Fee Agreement (CFA). This contract says you won’t pay for their services:
- To start the claim.
- During the claim.
- If the claim doesn’t succeed.
You will, however, pay them a success fee if you are awarded compensation. This fee will be taken from your compensation as a legally limited percentage.
Don’t wait to find out whether you could be eligible to instruct a construction injury lawyer from our panel. Get in touch today, and our expert advisors will answer any other questions you might have. To reach them:
- Phone on 0800 408 7825
- Submit your details via our ‘Contact Us‘ form.
- Use our live chat box.
Learn More About Construction Injury Claims
To read more of our guides, please see below:
- Learn about your rights after an accident at work, including when you could be eligible to claim.
- Information from the Health and Safety Executive on hazards present in the construction industry.
- Guidance from GOV.UK about when you could be eligible to receive statutory sick pay.
We hope this guide on construction injury claims has provided you with all the information you need. If you have any other questions, please get in touch with an advisor using the number above.
