Construction accident claim

Yes. Mark Reynolds Solicitors can assess a construction accident claim where you have suffered an injury and believe that another person or organisation was responsible. Our team can consider how the accident happened, identify potentially responsible parties, review available evidence and explain the next steps involved in pursuing compensation.

You do not have to understand construction health and safety law or know exactly who was responsible before getting legal advice.

That is particularly important on larger projects. HSE guidance explains that construction projects may involve clients, principal contractors, contractors and workers, each with different responsibilities. A principal contractor on a project involving multiple contractors, for example, has responsibilities for planning, managing, monitoring and coordinating health and safety during the construction phase.

Your accident therefore needs to be investigated in the context of the work being carried out and who controlled it.

Mark Reynolds Solicitors can consider information such as accident records, photographs, witness evidence, CCTV, risk assessments, training information and medical evidence.

The purpose is to establish what happened, whether reasonable precautions were taken and whether another party’s negligence caused or contributed to your injuries.

Our existing guidance on making an accident at work claim explains some of the first steps that may help after a workplace injury.

Responsibility for a construction accident claim depends on how the accident occurred and who controlled the relevant work or risk. It could potentially involve your employer, a contractor, the principal contractor or another organisation. Some cases involve more than one responsible party, so liability should be established from the evidence rather than assumed.

Construction sites can be different from workplaces operated by a single employer because several contractors may be completing different tasks at the same time.

HSE guidance under the Construction (Design and Management) Regulations 2015 states that virtually everyone involved in a construction project has responsibilities. Contractors must plan, manage and monitor work under their control, while principal contractors on projects with more than one contractor have broader coordination responsibilities.

For example, an accident could involve unsafe equipment provided by one organisation while another business controls the area where the work is taking place. A vehicle accident might raise different questions about responsibility from a scaffolding failure or an accident involving falling materials.

It is therefore important not to assume that you cannot claim simply because your direct employer did not personally create the hazard.

Mark Reynolds Solicitors can examine the circumstances and identify which person or organisation should be approached in relation to your claim.

A construction accident claim can potentially involve anything from fractures and soft tissue injuries to serious head, spinal or limb injuries. Eligibility is not determined by the name of the injury alone. The key issues are how the injury happened, whether someone else was responsible and the effect it has had on your life.

Construction workers can encounter a particularly wide range of hazards.

Falls can occur from scaffolding, roofs, ladders, working platforms or through openings and fragile surfaces. HSE guidance states that work at height should be properly planned, appropriately supervised and carried out by competent people using suitable equipment.

Other accidents may involve moving plant, site vehicles, machinery, falling materials, electrical hazards or unstable excavations. HSE identifies all of these as areas requiring appropriate risk management on construction sites.

Injuries resulting from these incidents can include broken bones, head and brain injuries, spinal injuries, crush injuries, burns and limb injuries.

Where the effects are severe or permanent, compensation needs to be considered in the context of both the immediate injury and its longer term consequences.

Mark Reynolds Solicitors has a dedicated serious injury service covering injuries including brain injury, spinal injury and amputation.

You may be able to make a construction accident claim after a fall from height if negligence or inadequate safety measures contributed to what happened. Relevant issues can include how the work was planned, whether suitable access and fall protection were provided, whether equipment was properly maintained and whether you received appropriate training and supervision.

Work at height includes more than working on tall buildings. HSE defines it as work in any place where, without precautions, someone could fall a distance capable of causing personal injury. This can include working from scaffolding, ladders, roofs and platforms, as well as working next to openings or fragile surfaces.

Those controlling work at height must consider whether it can be avoided. Where it cannot, measures should be taken to prevent a fall or reduce its potential consequences. Suitable equipment should also be selected, maintained and inspected.

A fall does not automatically establish negligence, so the circumstances still need to be investigated.

Photographs of the area, scaffolding or equipment can be useful where available. Details of witnesses, site documents, accident records and information about your training may also help establish what precautions were in place at the time.

Our personal injury team can review this evidence and advise whether there may be grounds for a claim.

Being self-employed or working as a subcontractor does not automatically prevent you from pursuing a construction accident claim. Whether you can claim depends on the circumstances, including who controlled the work, what caused your injury and whether another person or organisation owed you a duty of care and failed to meet it.

Self-employed tradespeople are commonplace in construction, and the arrangements between workers and contractors can differ substantially from project to project.

HSE guidance confirms that contractors under the Construction (Design and Management) Regulations can include self-employed workers and businesses carrying out, managing or controlling construction work. It also confirms that work at height duties can apply to employers, the self-employed and people who control the work of others.

Your employment label alone therefore does not answer whether another party may have been negligent.

Relevant questions could include who instructed you, who controlled the site, who supplied equipment, who organised the particular task and who was responsible for managing the hazard that caused the accident.

Agency workers and people working under other contractual arrangements can also face similar questions about responsibility.

Mark Reynolds Solicitors can review how your work was organised and advise whether there is a potential claim against another party.

Evidence for a construction accident claim may include the accident record, photographs, CCTV, witness details, medical records, training information and documents relating to the work being carried out. Evidence of lost income and other accident related expenses may also be relevant when establishing the financial impact of your injuries.

Your health should come first after an accident. Seek appropriate medical attention and ensure that your injuries are properly assessed.

The accident should also be reported through the appropriate workplace or site procedure. If possible, make sure the details recorded are accurate.

Photographs can be particularly useful if the physical conditions later change. This could include pictures of defective equipment, an unsafe working platform, missing barriers, debris, a damaged ladder, an excavation or another hazard connected with the accident.

If anyone witnessed the incident, record their contact details if you are able to do so.

Mark Reynolds Solicitors’ existing workplace accident guidance recommends evidence including accident reports, medical records, photographs, witness statements, CCTV footage, workplace safety records and proof of losses and expenses.

Do not assume that your claim cannot proceed because you do not personally possess every relevant document. Some evidence may need to be obtained during the investigation.

There is no standard amount for a construction accident claim. Compensation depends on your individual injuries and their consequences. Relevant factors can include the severity and duration of your symptoms, medical prognosis, loss of earnings, treatment costs and other reasonable expenses, together with any longer term impact on your work or independence.

An accurate valuation generally requires medical evidence.

The physical or psychological injury itself forms one part of the assessment. Its seriousness, recovery period and any lasting symptoms will all be relevant.

The financial consequences are considered separately. Mark Reynolds Solicitors explains that a personal injury claim can take account of matters such as lost earnings and expenses caused by the accident.

For a construction worker, future employment can be particularly important. An injury affecting strength, movement, balance or mobility may have a different financial impact on someone who undertakes physically demanding work than it would on someone whose work is primarily office based.

Serious injuries can require consideration of much wider needs, including future earnings, treatment, care or assistance.

For this reason, Mark Reynolds Solicitors will consider the individual evidence rather than relying on a generic online compensation figure that may not reflect your circumstances.

In England and Wales, the usual limitation period for a personal injury claim is three years from the date the cause of action arose or the injured person’s later date of knowledge where applicable. Exceptions can change the position, so it is important to obtain advice rather than assuming that a particular deadline applies to your case.

The three year period comes from section 11 of the Limitation Act 1980.

Although three years can sound like a long time, contacting a solicitor earlier can make investigating a construction accident easier.

Construction sites change constantly. Scaffolding can be dismantled, equipment can be moved or repaired, site layouts can change and workers can move to different projects. CCTV and other records may also not remain available indefinitely.

Beginning enquiries sooner can therefore make it easier to identify witnesses and preserve useful information.

Different limitation rules can apply in certain circumstances, including claims involving someone who was a child at the relevant time or a person who lacks capacity. Other situations can also affect how limitation is calculated.

If some time has already passed since your accident, do not decide for yourself that it is too late. Mark Reynolds Solicitors can consider the dates and circumstances before advising you on your position.

Making a construction accident claim does not automatically mean that you must leave your job or personally seek payment from your employer. Most employers are required to carry Employers’ Liability insurance, which is designed to cover compensation where an employee becomes injured or ill because of their work. Individual employment concerns should be considered separately.

It is understandable to worry about making a claim where you still work for the business involved.

GOV.UK confirms that employers generally need Employers’ Liability insurance and that the insurance helps them meet compensation liabilities where an employee is injured or becomes ill because of their work. There are limited exemptions to the insurance requirement.

A personal injury claim and any separate employment issue should not be confused. If you experience difficulties at work after an accident, the appropriate legal position will depend on the circumstances and separate advice may be required.

If another contractor or organisation was responsible for the accident, the claim may not necessarily be directed against your employer in any event.

Mark Reynolds Solicitors can first investigate who was responsible and explain the claims process clearly before you decide how you want to proceed.

To discuss your construction accident claim, call 0800 002 9577 for a free initial consultation with Mark Reynolds Solicitors.