Construction accidents

Despite safety rules and regulations, employees and members of the public can still be exposed to potentially high-risk roles and dangerous or defective equipment, which can lead to accidents and injuries. The impact of an accident can range from minor soft tissue damage to significant catastrophic injuries or even death.

Any person who suffers a construction accident at work due to employer negligence or as a member of the public lawfully on a construction site is entitled to claim personal injury compensation.

The most common construction site injuries are caused by:

• Faulty equipment
• Electric shock
• Falling object or falls from scaffolding/height
• Forklift truck injuries
• Scaffolding accidents
• Health and safety violations
• Crush injuries
• Heavy lifting/manual handling
• Chemical burns/spillage
• Failure to provide Personal Protective Equipment (‘PPE’)
• Industrial disease through exposure to chemicals or other substances
• Hearing loss

Health & Safety laws ensure reasonable steps are put in place by employers to protect their employees – including making sure you have the training and protective equipment needed to avoid an accident on a construction site. However, these systems can break down when an employer fails to follow the rules and regulations or an accident is caused by the actions (or omissions) of a colleague.

If you do suffer from a construction site injury that wasn’t your fault, Minster Law may be able to help you receive compensation. We will act promptly to ensure the circumstances surrounding the accident are investigated quickly, so the cause of the accident is identified and those responsible are held accountable. We understand you may have concerns about claiming against your employer, but we’re here to guide you and give you the advice and help you need.

Who will my claim be against?

The nature of a construction site means multiple people can be on-site or responsible for works or equipment. This may include the construction company, the architect, the site manager, contractors, or even fellow employees.

Trying to establish who is responsible in a construction claim can be a difficult step to overcome. However, the Health and Safety Executive imposes strict regulations and rules on the people charged with overseeing construction sites. We are experienced in investigating these types of claims, and we can help you establish who is responsible for your accident.

What do I need to consider when it comes to liability?

An important fact, often overlooked, is you do not need to be an employee to bring a claim for personal injury from a construction site. Agents, self-employed persons, contractors or even members of the public still have legal grounds for compensation. The main condition is those responsible for the incident owe you a duty of care because you weren’t to blame.

Recent changes in English law mean those responsible for construction sites are no longer strictly liable for their employees or agents if they failed to comply with a known statute or regulation. Instead, an injured party must prove negligence. Establishing negligence can be a complex process that Minster Law can help guide you through. First, an injured party must show the construction operative owed them a duty of care, breached that duty and the injury or losses were a result of that breach.

As a member of the public entering a construction site as a lawful visitor, you are owed a duty of care, and the owner or occupier must take reasonable care for your safety. If you find yourself injured in a public place due to construction work negligence will need to be established against those responsible for the site.