Key points when claiming for a construction site accident

  • Site management owe all workers and visitors a duty of care to provide a safe environment, and they must follow specific health and safety regulations.
  • You can claim as an employee, contractor or site visitor - even if you think you were partly responsible.
  • You can still claim if you were injured by a self-employed contractor.
  • You can claim on a no win, no fee basis.
  • You have up to 3 years from the date of your injury to start a claim.
  • Your compensation will depend on the seriousness of your injury, and your financial losses and expenses. You can find out how much you can claim with our compensation calculator.

Have you been hurt in a building site accident? We can help

Working in the construction industry can be both demanding and dangerous. When accidents happen, the impact can be life-changing. Whether you're dealing with physical pain, emotional stress, or financial worries, we understand how overwhelming this time can be.

If you've been injured due to unsafe working conditions or someone else's negligence, you deserve the support to recover and move forward. We are here to help you make a no win, no fee claim for the compensation you need.

How much compensation can I claim for a building site accident?

The compensation you can claim for an accident on a construction site will depend on:

  • the seriousness of your injury,
  • the impact of your injury on your daily life and ability to work,
  • any financial losses or costs you have incurred due to the accident.

Building site injury compensation calculator

Find out how much compensation you could claim in just a few minutes. Check your legal eligibility and see if you qualify for a No Win, No Fee claim.

Updated November 2024 Compensation Calculator v3.1

General and special damages for a construction site accident

General damages are awarded for pain, suffering and loss of amenity (PSLA) and are set by the Judicial College (judiciary.uk) in their guidelines for personal injury awards.

Special damages are for financial losses and expenses you have incurred because of your accident. In addition to paying for loss of income, including future loss of income, special damages also cover expenses and medical costs.

Read more:

A complete list of recoverable losses in a personal injury claim

How is compensation calculated if I have multiple injuries?

Average building site injury general damages compensation table

The following building site injury payouts refer to the Guidelines for the Assessment of General Damages in Personal Injury Cases, 17th Edition by the Judicial College (oup.com).

These tables are used by solicitors or by the courts as a starting point when calculating your compensation.

Please note: these average figures represent general damages only, and do not include any element of special damages (e.g. lost wages).

Ankle injury

Example Amount
Minor fractures, sprains, and ligament injuries with full recovery Up to £15,250
A fracture or ligament injury with mild ongoing symptoms £15,250 to £29,500
Lengthy treatment required, and your ability to walk has been permanently affected £34,740 to £55,540
Severe ongoing symptoms that are likely to worsen in the future £55,540 to £77,340

Head & brain injuries

Example Amount
Minimal brain damage with headaches and/or ongoing symptoms £2,450 to £14,160
Good recovery, but with ongoing symptoms (e.g. poor concentration and memory) £17,000 to £47,770
Your ability to work is reduced, and ongoing symptoms include poor concentration and memory, and a risk of epilepsy £47,770 to £100,650
Your ability to work is greatly reduced, and you have ongoing care needs £100,650 to £166,540
Ongoing symptoms include a moderate to severe intellectual deficit, personality change, damage to sight, speech and/or senses, and a risk of epilepsy £166,540 to £243,040
Symptoms include serious physical and/or cognitive disability that requires constant care, a risk of future medical issues and reduced life expectancy £243,040 to £312,860
Full time nursing care is required £312,860 to £448,180

Leg injury

Example Amount
Simple fracture with full recovery Up to £13,140
Short-term and minor soft tissue injuries Up to £13,140
Simple femur fracture with no damage to articular surfaces £10,110 to £15,620
Less serious injuries, e.g. simple leg fractures £10,110 to £15,620
Incomplete fracture recovery with ongoing symptoms £19,930 to £30,800
Including multiple leg fractures and crush injuries £30,800 to £43,490
Serious leg injury e.g. compound or comminuted fractures;Injuries to joints or ligaments;Long period of no weight bearing;Probability of arthritis; £43,490 to £60,840
Permanent mobility problems that require mobility aids (e.g. a stick, walker or wheelchair), and/or deformity and limited movement where future surgery is likely £60,840 to £99,350
Severe leg injury where no amputation has been necessary, including degloving, shortening or where bone grafting is required £106,780 to £150,780

Work-related Upper Limb Disorder (WRULD)

Example Amount
Complete recovery within a few months £2,450 to £3,920
Symptoms resolving in the course of up to three years £9,590 to £11,930
Continuing, but fluctuating symptoms affecting one arm £16,530 to £18,130
Continuing disability affecting both arms, affecting your ability to work and requiring surgery £24,310 to £25,650

Can I claim for psychological trauma after a work accident?

Are you concerned about the mental and emotional impact of your injury? You are not alone.

Our 2024 Work Injury Claimant Survey reveals the extent of psychological trauma, with 25.00% of claims involving a psychological injury, 64.09% of which related to a physical injury.

Phobias associated with heavy machinery, falls from height and falling objects can be triggered by traumatic building site accidents. Even more minor injuries can trigger PTSD.

Some workers remain hesitant to seek help for potential psychological injuries, fearing that their concerns will be dismissed or they will be treated differently.

Factoring compensation for psychological harm will ensure you receive mental health support and other therapies that may not be readily available on the NHS in your area.

Our compensation calculator can estimate your compensation for psychological injuries. Or you can call us on 0800 376 1001 to speak to a specialist advisor.

Can I make a building site injury compensation claim?

If you’ve been injured on a building site, you may be eligible to make a compensation claim. You can claim whether you’re an employee, contractor or site visitor, as long as the injury occurred as a result of someone else’s negligence.

Eligibility to claim

To make a successful claim, you must meet three key conditions:

  • Your injury must have happened during the course of your work.
  • Your employer, contractor, or another party must have breached health and safety standards or failed in their duty of care, leading to the accident.
  • You have three years from the date of your accident to make a claim (see exceptions).

How long do I have to start a building site injury claim?

You have three years from the date of your accident to make a claim. You should begin the process as soon as you can, while evidence is fresh and witnesses can easily recall the incident.

Exceptions to the three-year limit

  • If you were under 18 years old when your accident happened, you have until your 21st birthday.
  • If you did not know you were injured at the time (e.g. chemical exposure that was discovered later), you have three years starting from the "date of knowledge" when you learned your injury or illness could be connected to your work.
  • If you suffered a serious brain injury or other severe injury that prevented you from claiming before the time limit, you will likely be given more time to claim.
  • If you were injured by equipment that is later discovered to be faulty, you have three years from the date the fault was discovered (e.g. a manufacturer's recall).

With 50,000 workers injured on building sites every year, you are not alone

Building sites are complex environments with many hazards. An average of 53,000 building site workers are injured annually (HSE), and in 2022/23, 45 UK construction workers suffered fatal injuries.

Common construction site accidents include falls from scaffolding or ladders, falling into holes or shafts, or tripping on uneven ground. Workers may also be struck by falling objects such as tools or masonry, suffer injuries from faulty machinery, experience electrocution, or be harmed while lifting and handling heavy or awkward loads.

Around 30% of the most serious and fatal injuries to construction workers were due to falls from height. However, lifting and handling accidents remain the most frequent cause of injuries overall.

Common building site injuries

  • Head injuries: Falling objects, such as tools or materials, are a significant risk, leading to concussions or more severe brain injuries.
  • Fractures and broken bones: These are often the result of falls from scaffolding or ladders, or accidents involving machinery.
  • Burns and electrical injuries: Faulty wiring or unsafe handling of electrical equipment can cause severe burns or even electrocution.
  • Back and musculoskeletal injuries: Manual handling of heavy materials can lead to strains, sprains, or long-term back problems.
  • Crush injuries: Heavy machinery like forklifts or cranes can cause life-threatening crush injuries if safety protocols aren’t followed.

Even minor injuries can result in time off work, medical expenses, and ongoing discomfort. In some cases, injuries may not appear serious at first but worsen over time. For example, what seems like a minor back strain could develop into chronic pain, affecting your ability to work long-term.

If you have been unable to work during your recovery, you can include lost earnings as part of your claim.

Who is legally responsible for my building site accident?

Employers and site managers in the construction industry have a legal duty to ensure that the work environment is safe for all workers, including employees and contractors.

Employers are responsible for injuries caused by their employees, while site managers are usually liable for the actions of contractors and avoidable site hazards. Even if you caused your own injuries, your employer or the site operator may still be legally responsible.

Your solicitor will investigate to determine who is responsible for your injuries.

Under the Health and Safety at Work Act 1974, employers must take reasonable steps to protect workers from harm, including:

Providing proper safety equipment

Helmets, safety harnesses, protective gloves, and other personal protective equipment (PPE) should be provided and their use enforced. You may still be able to claim compensation if you were offered PPE and refused to wear it, but your compensation may be reduced.

Maintaining safe machinery

Employers must ensure that all machinery and equipment are regularly inspected and safe to use. If you have been injured by defective equipment, you can also claim compensation from the manufacturer.

Providing adequate training

Workers must receive proper training on how to safely use equipment, handle materials, and work on scaffolding or other elevated platforms. If you (or another site worker) were asked to do a task without proper training, and you were injured as a result, you will have a strong claim.

Supervision and risk assessments

Employers are required to conduct risk assessments and ensure that safe systems of work are in place. You will have a strong claim if you were injured because of poor supervision or inadequate risk assessment.

We have helped clients where inadequate training or poorly maintained equipment was the direct cause of serious accidents, and they were able to secure substantial compensation as a result.

Building site contractor injury claims

If you’re one of the 40% of building site workers who are self-employed contractors or subcontractors, you can still claim after an accident. Contractors working on building sites have the same rights to compensation as employees.

Who can injured building site contractors claim against?

If your accident occurred due to unsafe working conditions or inadequate safety measures provided by the site owner or operator, you will be able to claim against the party responsible for the breach.

If another subcontractor was responsible for your injury, for example by not following safety protocols, you can make a claim against their employer or their insurer.

How does Health and Safety law protect site contractors?

All employers have a duty to ensure the safety of workers. The Management of Health and Safety at Work Regulations 1999 require employers to plan, control, organise, monitor and review their work to manage health and safety under the Health and Safety at Work Act 1974.

Revised legislation - Construction (Design and Management) Regulations 2015 (CDM 2015) - came into force on 6 April 2015. CDM 2015 stipulates:

The principal contractor for every construction project must draw up a construction phase plan. He must have the skills, knowledge, experience, and where relevant, organisational capability to manage health and safety risks during the construction phase.

Contractors who carry out the actual construction work - individuals or companies - must plan, manage and monitor construction work under their control so it is carried out without risks to health and safety. Where a project involves more than one contractor activities must be co-ordinated with others in the project team.

Workers must:

  • Be consulted about matters that affect their health, safety and welfare
  • Take care of their own health and safety, and of others who might be affected by their actions
  • Report anything they see which is likely to endanger either their own or others health and safety
  • Co-operate with their employer, fellow workers, contractors and other duty holders

Health and Safety in Construction HSG150, published by the HSE, details exactly the measures required to prevent accidents across the construction industry.

The Health and Safety Executive (HSE) oversees and enforces workplace safety regulations. HSE officers are responsible for:

  • Conducting site inspections
  • Providing guidance to construction site operators
  • Prosecuting those who breach safety regulations*

However, the HSE does not handle or bring compensation claims for injuries on building sites.

*In Scotland, prosecutions are handled by the Crown Office and Procurator Fiscal Service.

Can I claim if the site operator did not provide PPE?

The Personal Protective Equipment at Work (Amendment) Regulations 2022 came into force on 6 April 2022.

This legislation means that employers have an obligation to provide free Personal Protective Equipment (PPE) to all on site workers, including contractors who are self-employed or workers on a zero-hours contract.

Under the previous 1992 regulations, employers were only required to provide PPE to employees with a formal employment contract.

If you are injured at work and you were not provided with suitable PPE, you may be entitled to claim compensation even if you are self-employed.

What should I do after a building site accident?

Taking the following steps immediately after an injury can make a big difference to the success of your compensation claim.

Report the incident

Report the accident to your employer or site manager as soon as possible. Make sure the incident is recorded in the accident book, which serves as an official record of what happened.

Read more:

What if the accident wasn't recorded in the accident book?

Seek medical attention

Even if your injury seems minor at first, you should see a doctor or visit the hospital for a full medical assessment. This assessment will be useful evidence when you make your claim. A delay in seeking treatment can sometimes weaken your case, as the other party may argue that the injury wasn’t that serious, or wasn't related to the accident.

Read more:

What if I didn't get medical attention at the time of the accident?

Gather evidence

Start gathering evidence related to the accident and your injury as soon as possible. This could include:

  • Photos or videos of the accident site, equipment involved, and any visible injuries.
  • Witness statements from co-workers or others on the site who saw what happened.
  • Medical records and receipts for any treatment or rehabilitation.
  • Records of lost wages if you’ve had to take time off work due to your injury.
  • If your accident involved defective equipment or PPE, do not throw the damaged item away.

The more detailed and organised your evidence, the stronger your claim will be. Your solicitor will help you with every step of this process.

FAQs

What happens if I share some of the blame for my accident or my injury?

Figuring out who is legally at fault for an accident can sometimes be complex and nuanced.

According to our recent 2024 Work Injury Claimant Survey, 26.02% of injured workers thought that their actions could have contributed, either in part or wholly, to their injuries.

If you believe you were partly responsible, you may still have a claim. If you were injured at work, you can claim compensation from your employer under the principle of vicarious liability - even if you or another employee caused the accident.

Read more:

Can I claim if I feel I was partly responsible for my accident?

What if I was injured while visiting a building site?

You can claim injury compensation if you have been injured while visiting an building site.

Although most construction site injuries involve employees or contractors, injuries to visitors are also relatively common, including serious or fatal accidents.

While many health and safety regulations don't apply to visitors, they are still protected under common law and legislation, such as the Occupiers Liability Act 1957 in England and Wales, and the Occupiers Liability (Scotland) Act 1960. These laws hold site operators responsible for the safety of visitors.

Can I make a no win, no fee building site injury claim?

Yes. With no win, no fee, you can claim building site injury compensation without financial risk. If your claim isn't successful, you pay nothing. If you win, you only pay a pre-agreed percentage of your compensation.

Find out more about how no win, no fee claims work

Our work accident claims experience

At Quittance, we have almost 10 years experience helping injured construction workers and their families understand the claims process and get the compensation they need to support their recovery. To ensure you get the best legal advice and representation, we work with specialist solicitors who have been handling injury claims for over 30 years.

Get expert advice now

Interested in talking to a work accident specialist about your claim?

  • Calls are FREE
  • Confidential consultation
  • No obligation to claim
  • No Win No Fee solicitors

Call 0800 376 1001

We are open until 5pm this evening.

or arrange a callback

Sources

(reviewed: 29/07/2024)

(reviewed: 27/07/2024)

(reviewed: 29/07/2024)

(reviewed: 29/07/2024)

(reviewed: 28/07/2024)

Chris Salmon, Director

Author:
Chris Salmon, Director