Building Site Contractor Injury Compensation Claims

If your life, or the life of a loved one, has been affected by a work accident, we can help.

If your injuries were caused by your employer or a co-worker, you may be entitled to claim compensation.

Claiming building site contractor injury compensation with a solicitor

You can make a work accident compensation claim with the help and support of a personal injury solicitor.

Your solicitor will ask you about what happened, and they will collect evidence to prove what caused your injuries. Your solicitor will also work out how much money you can claim, based on your injuries, lost earnings and other expenses.

By law, your employer will have insurance to cover the cost of injury claims, and your compensation will be paid out of this policy.

We can help you make a work accident claim on a No Win No Fee basis.

In this article

Introduction

Although there have been significant reductions in the numbers and rates of injury over the last 20 years, with over 50 workers a week having sustained a serious injury on a building site in 2019/120, construction remains a high risk industry.

But with 40% of the workforce self-employed, a mix of contractors, sub-contractors, self-employed workers, independent contractors, agency workers and casual labourers may be at work on a building site.

Who is responsible for contractors' safety, and who is responsible if a contractor on a building site is injured?

What the regulations say

Construction (Design and Management) Regulations 2015

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.

Furthermore, 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 in all aspects of this hazardous industry.

What should I do if I have an accident?

Any contractor, sub-contractor, self-employed or a worker involved in an accident on a building site should:

  • Report the accident to his employers or principal contractor and complete the site health and safety procedure (accident book)
  • Make notes as soon as practicable about the accident, photograph the accident scene and injuries sustained if possible.
  • Take names and contact details of any witnesses.
  • Seek medical advice and make notes of every aspect of that advice.
  • Report the accident to the HSE or relevant authority

Who can I claim against?

On a building site the employment status of the workers may affect who has responsibility for some aspects of health and safety and the provision of safety equipment. Therefore it is important to determine whether the claimant is regarded as an employee, self-employed or a contractor.

Generally when a worker sustains a workplace injury the insurance cover is provided through the mandatory Employers Liability insurance. This applies to employees, contractors, casual workers or temporary staff, but not the self-employed.

In the construction industry where employers engage independent contractors, sub-contractors or agencies who agree to provide their own insurance for themselves and their workers, there may be a chain of two or three people responsible for contracting the claimant. Each may have some liability for the claimants injuries.

Personal Protective Equipment at Work (Amendment) Regulations 2022

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 workers, including workers who are self-employed or 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.

Do I have an injury claim?

It should be possible to make an injury claim if you were injured:

  • in the last 3 years and;
  • someone else was to blame.

Even if these two points don't apply to you, you may still be able to make a claim.

To find out for sure, speak to a legally trained adviser on 0800 376 1001.

A brief phone consultation will tell you exactly where you stand. There is no obligation to start a claim.

What if the building site contractor injury happened abroad?

Making a claim for a building site contractor injury abroad can be more complicated. Any number of factors can affect the best way to go about making a claim. These include whether it was a package holiday, which country you were in and your insurance position. Please call us for more information.

How much compensation can I claim for an injury?

The amount of money you could claim for your injury will depend on:

  • the seriousness of your injury, and
  • any financial losses or costs you have incurred.

At the start of your claim, your solicitor will consider the many ways your injuries have affected your life. Your solicitor will take these considerations into account to calculate the correct compensation award.

This calculation will factor in 'general damages' and 'special damages'.

General damages

General damages are awarded for pain, suffering and loss of amenity (PSLA).

Awards for general damages are set by the Judicial College and published in their guidelines for personal injury awards.

Special damages

Special damages are for financial losses and expenses you have incurred as a result of the accident.

What can I claim for after an injury? (see list)

Examples of special damages (losses you can claim for) include:

  • Lost earnings (including future earnings)
  • Medical treatment costs
  • Physiotherapy
  • Travel costs
  • Costs of care
  • Costs of adapting your home or car

How is compensation calculated if I have multiple injuries?

If you have sustained multiple injuries, the compensation amounts are not simply added together.

The upper bracket of the most serious injury may be considered as a starting point, with a reduced amount applied for the other less severe injuries.

For example:

General damages for a serious hand injury can be £20,000

For a minor arm injury, in isolation, you would typically receive £4,000.

However, if you have a serious hand injury and a minor arm injury, you would typically receive £20,000 + a reduced percentage of £4,000.

Special damages, such as loss of earnings are not usually increased if you have multiple injuries. Read more about multiple injury claims.

What is the average injury compensation for an injury claim?

The Judicial College injury tables give a approximate idea of the ranges awarded for different injuries.

However, the money you would receive following an injury will depend entirely on your specific circumstances.

Your injury compensation will be calculated based on the unique impact your injuries have had on your life and your ability to work, and on the actual financial losses you have incurred as a result of your injuries.

What if I am not yet sure of the extent of my injury?

If you have not yet sought medical attention, your solicitor will arrange a medical assessment for you ASAP. If you are awaiting test results, a claim can still be started. Once the extent of the injuries are known, the settlement can be calculated.

Will I have to pay tax on my building site contractor injury compensation?

If you receive financial compensation following a building site contractor injury injury, specific legislation ensures that you do not have to pay tax on it. This is the case no matter whether the compensation is received as a lump sum or as staggered payments.

Calculate my injury compensation

Calculating how much compensation you can claim for an injury can be complicated.

Our injury compensation calculator tells you if you may have a claim, how much compensation you could claim, and what you can claim for.

Find out what your injury claim could be worth now:

How much can I claim?

How long does a building site contractor injury claim take?

The length of time needed to win compensation for a building site contractor accident can vary considerably.

For instance, if your employer accepts liability, a claim could be settled in several weeks. However, if liability is denied a claim can take longer. Typically, a work accident claim takes 6 to 9 months. Read more: How long will my claim take?

How else can a solicitor help me?

Your solicitor will handle your injury claim from the initial FREE case evaluation, through to the financial settlement.

Your solicitor will work with other specialists to provide caring and sensitive support and help you with:

  • Financial support: interim payments while you are unable to work.
  • Advice: on personal injury trusts, tax and welfare benefits.
  • Coordination: with rehabilitation providers and therapists.
  • Access: to treatment and therapies not always available on the NHS.

Will I have to go to court?

Highly unlikely. Solicitors settle the vast majority of claims out of court.

Less than 5% of personal injury claims go to court. Generally, only very complex cases, or those where liability cannot be resolved, end up in court.

Cases that do ultimately go to court are decided by a judge or magistrate, not a jury.

Even if the claim does go to court, it is very unlikely you will have to attend.

Read more:

Will my injury claim go to court and what if it does?

No win, no fee, no risk

No win, no fee means that your solicitor will not charge you any legal fees if your injury claim is unsuccessful. 'No win, no fee' is also known as a 'Conditional Fee Agreement' or 'CFA'.

Our no win, no fee guarantee

If you have been injured and it was not your fault, we can help you make a no win, no fee injury compensation claim.

What do I pay if I win my injury claim?

Your injury solicitor will receive a success fee which is deducted from your compensation, after your compensation is awarded. The solicitor's success fee can be up to 25%. You and your solicitor can agree the success fee before you start your claim.

What do I pay if I do not win my injury claim?

If your injury claim is not successful then you will not have to pay any fees. Your solicitor may take out insurance to ensure there will be nothing to pay.

What is Legal Aid available for?

In 2000, the government abolished the right to legal aid in personal injury law cases. Depending on an individual's circumstances, Legal Aid may be available for discrimination cases, criminal cases, family mediation and court or tribunal representation.

How we can help you

Your solicitor will fight for the best possible compensation settlement for you, and the highly-experienced panel of solicitors have an excellent track record of winning work accident claims.

If you have any questions, or would like to start a No Win No Fee claim, we are open:

  • 8am to 9pm weekdays
  • 9am to 6pm on Saturday
  • 9.30am to 5pm on Sunday

Call us for FREE advice on 0800 376 1001, or arrange a call back from a friendly, legally-trained advisor:

Call me back
  • Tick icon FREE consultation
  • Tick icon Find out if you can claim
  • Tick icon No obligation to start a claim

Injury FAQ's

Can I claim for someone else?

Yes. In certain circumstances, it is possible to claim compensation on behalf of another person in the capacity of a 'litigation friend'.

If an injured person is either too young or vulnerable, too injured or otherwise unable to claim on their own behalf, their litigation friend can handle the claim process on behalf of the injured person.

The litigation friend will be responsible for communicating with the solicitors, and for making decisions in respect of the claim.

Read more:

Claiming on behalf of another person.

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

Yes. You may still be able to claim compensation even if your actions may have contributed to the accident.

However, if you were partly to blame (known as contributory negligence), your compensation may be reduced and it may be more difficult to prove liability.

Read more:

Claiming compensation if you were partly responsible for an accident.

How long do I have to make an injury claim?

In general, you have a time limit of up to 3 years from the date of the injury to make an injury claim.

The last date you can make a claim is known as the claim limitation date - after which your injury claim becomes 'statute barred'.

Can I claim for an injury after 3 years?

Possibly. The general rule for adults is that a claim must be started within three years.

However, the three-year countdown starts on the day you learned of your injury or illness. This will usually be the date of the accident, but could be the date your doctor gave you a diagnosis.

There other circumstances that can also impact the limitation date. Call us now on 0800 376 1001 to find out if you are still able to claim injury compensation.

In reality, there are a number of factors that can affect whether an injury claim will be taken on by a solicitor.

Calculate your claim limitation date

Will I have to visit a solicitor's office to start a claim?

No. You will not need visit a solicitor's office. Personal injury claims are handled by email, post and phone.

Should you need to have a medical, this will be arranged at a medical centre near you or at your GP's surgery.

Read more:

Will I have to visit a solicitor's office?

I need the money now - what are my options?

If you are unable to work and have bills to pay, you may be able to claim an interim compensation payment.

An interim payment is an advance on your compensation payment. Any amount you receive in interim payments would be deducted from your final compensation payment.

Read more:

How to I get an interim compensation payment?

Gaynor Haliday, Legal researcher

Author:
Gaynor Haliday, Legal researcher