Construction Accident Claims

Construction and building site accident claims

Despite the protection of the law, many construction workers are at particular risk and may be reluctant to make an accident at work claim for any injuries. Those most at risk tend to be ‘casual’ workers who are registered as self-employed under the Government’s Construction Industry Scheme.

There may be up to 1 million casual workers with self-employed status in the UK. Most of them are not truly self-employed but are described as such to allow them to be engaged, often by agencies, without national insurance payments and with reduced worker safety rights.

London construction site claims

In London’s large construction sector, nearly 40% of all workers are migrants. Many of our construction industry clients work with self-employed status and we are still able to bring successful claims for nearly all of them. This is because in many cases we can show that the relationship is, in reality, one of employer-employee and in any event, there are still health and safety duties owed to the self-employed. If a self-employed worker is injured because of the negligence of another worker or organisation he will still be able to bring a claim.

Construction Accident Claim case studies

£8,000 Settlement for construction site accident

Mr C, a plant hire driver, was unloading a digger from his low-loader lorry when its mud-covered tyres lost grip, causing it to slide off and overturn. His employers failed to provide sand or ensure wheel cleaning, despite the foreseeable risk. He sustained an ankle fracture requiring surgery but recovered within six weeks. Initially, his employers denied liability, but after legal action, their insurers admitted fault. The case was settled for £8,000 in damages plus legal costs.

£50,000 Settlement for building site fall

Our client suffered multiple fractures to their left leg, requiring surgery, after a fall at a building site. Despite requesting the area be cleared, metal rails and equipment remained scattered, limiting workspace. Given only a step ladder instead of a proper platform, he struggled to fix boarding while balancing on uneven ground. He lost his footing and fell. Thankfully, he made a good recovery but continued to experience mild knee and shin pain. He changed jobs to avoid ladder work and returned to full-time employment after a short absence. We secured a £50,000 settlement for his claim.

Have you been injured in a construction accident?

Some construction site workers are reluctant to bring a claim because they may lose their job. In reality, most are not kept on if they are unable to work through injury anyway, because their self-employed status means they are not eligible for sick leave or sick pay. Employees with full employment status, would have a further claim, for Unfair Dismissal if the employer sacked them because they were off work on sick leave.

The employer is required by law to have liability insurance for worker accidents and so in practice, the claim is dealt with and paid for by the insurers, and the employer accepts this. So it is rare for the employer to want to take any action against the employee.

Another reason a migrant construction worker might be reluctant to bring a claim is because of issues with their immigration status. We can usually advise on these issues and most claims will still succeed. Please contact us for free no obligation advice on a personal injury claim.

Construction workers face a higher risk of serious injuries, including head and brain injuries. If you’ve suffered an accident at work, contact our specialist personal injury lawyers for free, no-obligation advice on your claim.

To speak with one of our solicitors, contact us by:

• Filling in our online enquiry form; or
• Calling us on 020 7485 8811

Related services:

• Construction Disputes