Have You Been Injured on a Building Site? If So, You Could Claim Compensation

Mark Benson

Mark Benson

Money Savings Advice Building site injury compensation claims

If you have suffered an injury or developed a medical condition as a consequence of working on a building site, then you may be eligible for compensation. While there is no doubt that there have been huge improvements in safety across the construction/building industry, there are still areas which need improvement.

If you require further information and guidance about a potential claim, then you should approach a claims management company.

Over the years, we have seen the introduction of numerous acts of Parliament to improve health and safety in the building/construction industries. There have also been improvements to employee protections, and as a consequence, employers now have a duty of care towards all of their employees.

We will now take a look at some of the more frequently asked questions regarding building site claims and examples of negligence.

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What Are the Most Common Building Site Accidents?

When you consider the variety of building sites and the various activities, this is a potentially broad list. Some of the more common building/construction site accidents include:-

  • Crane accidents
  • Slips and falls
  • Repetitive strain injuries
  • Forklift accidents
  • Machinery accidents
  • Crush accidents
  • Accidents on scaffolding
  • Falls from a great height
  • Exposure to dangerous chemicals
  • Electrocution

This list is only the tip of the iceberg as it is impossible to list all of the potential accidents on building/construction sites. However, this list will give you an idea of where safety measures should be in place and where your employer may be liable in the event of injury.


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What Are the Most Common Building Site Injuries?

Over the years we have seen claims for a huge array of different injuries received on building sites. Some of the more common include:-

  • Head injuries
  • Concussion
  • Paralysis
  • Neck, shoulder and back injuries
  • Broken bones
  • Cuts and lacerations
  • Damage to eyesight
  • Electrocution
  • Knee and ankle injuries
  • Chemical and non-chemical burns

When you also consider that many building sites will have administration offices, this also expands the potential variation of injuries and accidents.

Are Employees Protected by Legislation?

Yes. There is a whole range of different acts of Parliament brought in to protect those working in the building/construction industry and the wider employment market.

These include the:-

  • Health and Safety at Work etc Act 1974
  • Management of Health and Safety at Work Regulations 1999
  • Workplace (Health, Safety and Welfare) Regulations 1992
  • Manual Handling Operations Regulations 1992
  • Personal Protective Equipment at Work Regulations 1992
  • Provision and Use of Work Equipment Regulations 1998
  • Health and Safety (Display Screen Equipment) Regulations 1992

Unfortunately, despite the introduction of a huge number of acts of parliament, regulations and inspection services, building/construction sites still account for a large number of injuries and deaths each year.

What Is My Employer’s Duty of Care?

As one example, the Health and Safety at Work etc. Act 1974 places a legal duty of care on all employers with regards to the health and safety of their employees.

This duty of care includes:-

  • Initial and continuous training including health and safety issues
  • Provision of protective equipment
  • Supply of protective clothing
  • Maintenance and repair of machinery
  • Providing a safe working environment
  • Working procedure guides
  • Matching individual roles with employee experience

In theory, if your employer failed to fulfil any one of the obligations under their duty of care, then they may be found negligent.

Is There a Time Limit for Claiming Compensation?

There is a three-year window of opportunity in which you must lodge a claim for compensation. There is some confusion about when this time limit begins because very often the date of an accident/incident would be different from the date of diagnosis.

Indeed, with some medical conditions, it may be weeks, months or even years down the line before you are officially diagnosed. Therefore, it is important to realise that the three-year window of opportunity begins when you are first diagnosed with a condition/injury.


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How Do I Claim Compensation?

As we touched on above, the first issue to consider when claiming compensation is proof of negligence. You will need to prove that your employer was negligent in some shape or form before you can pursue a compensation claim.

Traditional types of evidence used include:-

  • Medical records
  • Medical diagnosis
  • Witness statements
  • Photographic evidence
  • Evidence of similar accidents
  • Timeline of events
  • Correspondence with employers
  • Delays in addressing safety issues
  • Refusal to supply safety equipment
  • Supply of substandard safety equipment

This is just a snapshot of some of the more traditional types of evidence used to approve negligence on behalf of your employer. So, what should you do when you have collated as much evidence as possible?

Approaching a Claims Management Company

When approaching a claims management company, they will review the evidence/details of your case and consider your chances of success. If they believe you have a minimum 60% chance of success, they will likely offer to take on your case.

The majority of claims management companies will offer a “no win no fee” arrangement which will effectively indemnify you from any costs incurred in pursuing your claim. In exchange, they will look to negotiate a “success fee” which would be a share of any compensation award.

What Is the Average Success Fee?

The average success fee is around 25% of the compensation awarded, although it will vary depending on the type of injury, level of compensation and duration of the case.

What Level of Injury Compensation Can I Expect?

When looking at injury compensation, you will come across both general damages and special damages. General damages relate to financial compensation for your pain and suffering. The issue of special damages is a little more complicated.

This relates to expenses already incurred as a consequence of your injuries, expected funding requirements going forward and other issues such as loss of earnings. There are defined ranges for general damages, while special damages are potentially unlimited.

What Level of General Damages Should I Expect?

The Following List Will Give You an Idea of Potential Compensation Payments for Different Injuries:-

  • Tetraplegia, a type of paralysis, would attract compensation of between £258,740 and £322,060
  • Severe brain injuries would lead to compensation of between £224,800 and £322,060
  • Crush injuries to the chest, resulting in the removal of one lung and/or serious heart damage, would attract compensation of between £80,250 and £119,650
  • Moderate hand injuries tend to attract compensation of between £4640 and £10,580

Your claims management representative will be able to advise you of particular levels of compensation for specific injuries.

Summary

While it is fair to say that health and safety standards on building/construction sites across the UK have improved in recent years, there are still far too many accidents in this environment.

The tightening of regulations and the introduction of a legal duty of care has seen many employers taken to court as a consequence of employee injuries. If you believe that you have been injured as a consequence of employer negligence, then you should take professional advice.

Quick Industrial illness & Disease FAQs


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How Can Money Savings Advice Help You With Making an Industrial illness Compensation Claim?

Here at Money Savings Advice, we have partnered with some of the UK’s leading Industrial illness Claims management companies. They have already helped thousands of people claim compensation for injuries & illnesses they have incurred, and they can do the same for you.

Choosing an independent claims management company means they won’t proceed with a claim unless they are sure it is in your best interests. They are also regulated by the FCA, which gives you an additional layer of protection.

If you would like to speak to one of these claim management companies who can help you make a compensation claim, then click on the below and answer the very simple questions.

Mark Benson

Mark Benson

Mark has been writing professionally for over ten years for the financial sector. Having started in the financial world as a stock-broker in central London and then moving to equities trader Mark is one of our senior financial writers who has a vast knowledge of multiple financial sectors.

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