Building site contractor compensation claims

Updated: October 8, 2018

Introduction

Although there have been significant reductions in the numbers and rates of injury over the last 20 years, with an average of 75 workers a week having sustained a serious injury on a building site in 2013/14, 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?

Scaffolding
Back to top

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.

Back to top

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
Back to top

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 Lliability 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.

Back to top

Calculate my building site contractor injury compensation

The amount of compensation you will receive depends on a number of factors. Our work accident compensation calculator provides an accurate estimate of your likely compensation.

Back to top

Meet the QLS team

Our nationwide panel of solicitors handle all types of work accident claims, including short-term, serious and life-changing injury claims. Our lawyers are chosen on the basis of their years of specialist experience and their success rate in winning claims.

Click here to see more of the Quittance team.

Kevin Walker Serious Injury Panel Solicitor
Emma Bell Employers and Public Liability Panel Solicitor
Shahida Chaudery Complex Injury Claims Panel Solicitor

Start a no win, no fee claim

If you have been injured and would like to talk to us about making a claim, contact us now for a no obligation discussion. Our expert work accident solicitors have a 90% success rate and are on hand to help you now.

Contact us icon

Call us

Speak to an expert solicitor with no obligation.

0800 612 0699

Callback icon

Call me back

A solicitor will call you back at a time that suits you.

Call me back
Claim online icon

Claim online

Start a no win, no fee work accident claim online.

Start a claim

Case studies

Serious Injury Solicitor

£1,719 compensation secured for arc welder's eye injury

A worker sustained eye injuries after exposure to welding gun flash.

Read more
Serious Injury Solicitor

£29,000 awarded for burns and permanent scarring caused by employer's negligence

A server suffered burns, scarring and psychological symptoms following an accident at work.

Read more

Ask an expert

If you have any questions about the claims process or any aspect of injury compensation, let us know:

Be the first!