construction accident claims solicitors

What steps are necessary in making a claim for a construction site accident?

The process of making a claim for a construction site accident involves several key steps. Firstly, it’s important to remember that you can claim for an accident if your employer was at fault, and you have up to three years from the date of the accident to make your claim. The amount of compensation you may receive will depend on factors such as the seriousness of your injury, loss of earnings, and any changes to your lifestyle.

If you’ve been injured while working on a construction site, you should contact our specialist solicitors, who can offer a free consultation about your accident. They’ll need evidence such as training records, photographs or CCTV footage, medical notes, and witness statements.

Your employer has a duty of care to maintain a safe environment, regardless of whether you’re a full-time employee or a contractor. If they have failed to do so and you’ve had an injury on-site, you may be able to make a claim. It’s recommended to make a claim as soon as you feel fit enough, as this will help in the collection of the most accurate evidence.

In terms of the timescale, you generally have three years from the date of the accident to make your claim, although there are some exceptions. If your claim relates to an injury that wasn’t directly caused by an accident, such as repetitive strain, then you have three years from the date you were diagnosed.

Finally, compensation amounts are calculated based on a range of factors, including the extent of the injury, financial loss due to time off work or paying for treatments, any alterations made to your home, and changes to your lifestyle. Once all this information is gathered, your case will be presented and a compensation amount will be settled.

What are the most common types of injuries sustained in construction site accidents?

The most common types of injuries sustained in construction site accidents include neck or head injuries, which can occur due to falling objects, crush injuries, falls from harnesses or poor manual handling. Slips, trips and falls are also common if the construction site is not properly maintained. Workers may also experience crush injuries due to falling objects or mishandling of machinery.

Chemical burns are another common injury, as workers may be exposed to harmful substances if not properly trained in their usage. Electric shocks can also occur if a worker is not correctly trained in operating specific equipment, or if the equipment is faulty. All these injuries can range from minor to severe, potentially causing life-threatening circumstances.

What evidence is necessary when making a construction accident claim?

When making a construction accident claim, it is essential to provide as much evidence as possible to substantiate your case. This evidence may include training records that can highlight any lack of necessary training, photographs or CCTV footage of the incident or dangerous working conditions, and medical notes that document the extent and impact of your injuries. Witness statements can also be particularly valuable in supporting your claim, providing first-hand accounts of the incident.

Additional evidence might be required depending on the specifics of your accident. This could include documents or receipts that demonstrate any financial loss you have incurred as a result of your injury, such as loss of earnings or medical expenses. It is also crucial to report the accident to your employer and ensure it is recorded, for instance, in the company accident book. Seeking immediate medical treatment is also important, not only for your recovery but also as this can provide further evidence for your claim.

Who is typically responsible for safety on a construction site?

Typically, the entity responsible for ensuring safety at a construction site is the employer. All construction sites are considered hazardous environments, thus subjecting them to specific regulations including The Construction (Design and Management) regulations. These, along with standard workplace practices, should be complied with by the employer. Failure to do so, leading to an accident on-site, could make the employer liable. It is also the employer’s duty under the Health and Safety at Work Act 1974 to maintain a safe environment, regardless of whether you are a full-time employee or a contractor. Therefore, if an accident occurs as a result of negligence or violation of these safety provisions, the employer could be held responsible.

What is the role of the Health and Safety Executive in construction accident claims?

The Health and Safety Executive (HSE) performs a critical role in the realm of construction accident claims. It is tasked with conducting inspections of construction sites, offering guidance, and prosecuting those who do not comply with the rules. However, the HSE does not have a role in directly paying building site injury claims. In addition to the Health and Safety at Work Act, the people running a construction site must also adhere to the Construction (Health, Safety and Welfare) Regulations Act 1996 and the Construction (Design and Management) Regulations 2015.

Under the 1996 act, employers must take necessary precautions to prevent injuries, such as ensuring scaffolding is safe, preventing falls from heights, and safely storing equipment. They are also responsible for preventing falls over 2m and ensuring employees can safely get to and from work. As for the 2015 act, it mandates that the site’s Health and Safety Executive conduct site inspections, provide guidance to operators, and prosecute those not abiding by the rules. If an accident does occur, they can provide assistance in determining who is at fault.

What does employers’ liability insurance cover in the event of a construction accident?

Employers’ liability insurance is designed to provide cover for employers in the event of accidents on construction sites. If an accident occurs and the employer is found at fault, this insurance can be used to pay compensation to the injured party. It covers scenarios where adequate training has not been given, sufficient break times have not been provided, faulty equipment has been used, or a risk assessment was not conducted or its findings were not acted upon. It also covers instances where the employer has failed to enforce on-site regulations. If any of these circumstances have led to an injury, the insurance can be claimed upon to provide compensation.

If injured on a construction site, what immediate steps should I take?

If you are injured on a construction site, the first step you should take is to report the incident to your manager, making sure that it is recorded in the company accident book. Even if your injuries seem minor at the time, it is essential to seek medical treatment. Not only is this important for your health and recovery, but your medical records can also serve as critical evidence in support of your claim.

Once you’re able to, start gathering as much evidence as possible. This might include copies of your medical records and the accident report at your workplace. If you have undergone any relevant training, obtain records of this as well. Furthermore, if there is any visual evidence such as photos of your injuries or the site where the incident occurred, these can be very useful. Witness statements from your colleagues can also help substantiate your claim.

Remember to keep any receipts that show you’ve lost money due to your injury, such as travel expenses to medical appointments or the cost of any necessary treatments. If you’ve had to make modifications to your home or if you’ve been unable to work, it’s crucial to document this as well. All this evidence will strengthen your case when you make your construction accident claim.

What types of negligence can lead to accidents on construction sites?

There are several types of negligence that can lead to accidents on construction sites. These include inadequately maintained equipment, poor training, unsafe working practices and failure to carry out risk assessments. Site managers, construction regulations coordinators, designers and clients can all be held liable for accidents if they fail to adhere to Health and Safety laws and regulations.

For instance, site managers could be held responsible if they do not follow instructions given by a client regarding safety procedures. Moreover, construction regulations coordinators may be at fault if they fail to communicate risks to the client or the construction manager. Designers could also be implicated if they disregard the client’s health and safety advice. If the client ignores advice from Health and Safety teams, they may also be held responsible.

Accidents often occur due to working in harsh weather conditions, poor or faulty equipment, and falling materials. Common hazards include falls from height due to unsafe scaffolding, slips and trips due to unstable or wet surfaces, vehicle collisions, equipment malfunctions, injuries from repetitive strain due to lack of manual handling training, falling into unguarded holes or trenches, safety harness failure, electric shocks and chemical spills.

Overall, it is the employer’s responsibility to ensure that everyone on-site adheres to these regulations and that visitors are safe. If they fail to provide a safe workplace, they could be liable for any accidents that occur on the construction site.

What regulations should be in place on a construction site to prevent accidents?

Construction sites are inherently hazardous environments and hence are subject to specific regulations in addition to standard workplace practices. These regulations include The Construction (Design and Management) regulations, which employers are obligated to follow. Employers are required to take all necessary precautions to prevent injury, such as ensuring that scaffolding is safe, preventing falls from significant heights, and storing equipment safely.

Under the Health and Safety at Work Act 1974, it is the employer’s duty to maintain a safe environment. This duty extends to all workers, whether full-time or contractors. Additionally, the site Health and Safety Executive is charged with conducting site inspections, providing guidance to operators, and enforcing penalties for those who do not adhere to the rules.

Furthermore, the Construction (Health, Safety and Welfare) Regulations Act 1996 mandates that employers must take preventive measures to avoid injury. These measures include preventing falls of over 2m and ensuring employees have safe access to and from work. Similarly, the Construction (Design and Management) Regulations 2015 require regular site inspections, guidance for operators, and punishment for those who flout the rules.

What types of construction accidents can be claimed for?

Claims for compensation can be made for various types of accidents that occur on construction sites, as long as the accident was not the fault of the individual or due to negligence by the employer. These can include incidents such as slips, trips, and falls; back injuries; crush injuries; injuries resulting from manual handling; electric shocks; claims relating to vibration white finger; repetitive strain injuries; incidents involving defective machinery; claims arising from inadequate training; needlestick injuries; industrial deafness; industrial disease; asbestos-related illnesses; mesothelioma; and accidents in warehouses, involving forklifts, in offices, on farms, and in the military.

Accidents could include those caused by falling objects or due to poor manual handling that result in neck or head injuries. Workers can also suffer slips, trips, and falls if the construction site is not kept tidy or if they are not adequately trained to work from a height. Furthermore, crush injuries may happen due to falling objects or mishandling of machinery, while chemical burns can occur if workers are not adequately trained to handle chemicals. Electric shocks can also be experienced if a worker is not correctly trained to use a specific piece of equipment, or if the equipment is faulty.