Construction Site Accident Claims

Unfortunately, head injuries are one of the most common injuries to occur on construction sites, and are usually sustained due to falling objects hitting workers on the head, or the result of an employee falling from a height.

If the correct personal protective equipment, such as a hard hat has not been provided by the employer, or the correct regulations have not been followed you may be entitled to make a claim.

Spinal cord injuries can occur if workers fall from a height, for example, on unstable scaffolding or are injured in a crash. Spinal cord injuries can have life-changing impacts on someone’s life, and if the correct safety procedures have not been followed, you may be entitled to a claim against your employer.

Eye injuries can be severe and have life-changing effects on the injured employee.

These types of injuries can commonly occur if the correct eye protection has not been provided when working with dust or debris, or if an object has hit the worker in the eye.

If you are injured at work, you need to do the following:

• Report it to your employer as soon as possible, or if nobody is available – ensure you have reported it by sending an email/text to your line manager so there is written proof of the accident
• Log the accident in the Accident Book or write it down and ensure a copy/photograph is kept
• Take photographs of where your accident happened, any defective equipment and details of witnesses willing to provide evidence
• If you are injured you must seek immediate medical advice either at your GP surgery or the local Accident and Emergency department. Make them aware it was an accident at work and what happened. This will assist your case as there will be further proof of the circumstances.

If you cannot drive, call an ambulance. It may be that if the circumstances of the accident are due to a dangerous situation that you talk to your union representative or it is reported to the Health and Safety Executive (HSE) using the RIDDOR reporting (Reporting of Injuries, Disease and Dangerous Occurrences Regulations).

If you have had a fall from height, the first thing you should do is seek medical attention. Your health takes priority. No matter how minor your injuries seem, adrenaline usually kicks in and you may not know the initial damage caused.

If you receive first aid at the scene of the incident, we still recommend going to the GP or local hospital. This medical check-up will also serve as evidence of your injuries are the circumstances surrounding the incident.

Once you have received medical treatment, you should report the incident to your employer (if you haven’t already done so). Make sure an accident book entry is recorded correctly, that all the information is correct and that it is signed by the relevant people.

Whether you are an employee, agency worker or contractor you may be able to claim for an accident at work.

To make an Employer Liability claim, legal proceedings must be commenced within 3 years from the date of your accident. Failure to do this may result in your claim being time-barred and you may not be able to make a compensation claim.

If a loved one has deceased, the time limit for bringing a claim is 3 years from the date of death.

At the time of the accident, it can be beneficial to gather as much evidence as possible to support your claim. This can include images of faulty equipment or the working environment.

The amount of compensation you are awarded will depend on the severity of your injuries, the circumstances of the accident and the effect it has had on your life.

You may be awarded general damages which relate to the pain, suffering, and loss of amenities of life that are evidentially linked to the accident at work directly.

The Judicial College Guidelines, which set out financial brackets for common types of injury will be used to assess damages based on the affected body parts and the type and severity of the injury.

Precedent case law is also relied on to support the valuation and consideration must also be given to whether you have had a pre-existing disability or whether the injury accelerated a pre-existing condition. Even where the older injury may not be symptomatic at the time of the accident, it is something that will have to be considered and would affect the value of your claim.

Special damages may also be used to compensate for any financial losses or out-of-pocket expenses as a result of the accident at work. This would include (but is not limited to) loss of earnings, medication or prescription charges, travel to appointments or any cost of care for the extra care you have needed from family or care providers.

This can also include any future loss claim and if you are unable to return to the same job as a result of the accident at work, you can claim for a lump sum based on your wages known as the Smith v Manchester award. This is where it can be proved that as a result of your injuries, there is a risk you would find it more difficult to obtain similar employment.

If you are unable to do tasks like gardening, or walking the dog, and have to pay for these services as a consequence of your accident and subsequent injuries, these can also be claimed for.

However, an injured person has a duty to take reasonable steps to minimise their losses/expenses. This is called mitigation of losses, and a Court will assess whether or not the loss was reasonably incurred, before making an award.

Oakwood Solicitors Ltd is an expert in Employers’ Liability cases and has over twenty years of experience in running and pursuing these cases.

We will ensure that we update you at every stage of the case and you will have a dedicated handler from the very beginning. It can be very stressful after an injury and our team can assist you by breaking down the legal jargon during the process and listening to you.

When you instruct us, you can expect a friendly, down-to-earth approach together with extensive knowledge of the field which will be used to fight tenaciously with the insurers to achieve the maximum level of compensation possible for you.