If you want to pursue an accident at work on a building site you can pursue your building accident claim alone. It is not a legal requirement to use a Solicitor. However, there are many advantages of using a Solicitor. Here we explain why?
1 Knowledge, expertise and expertise
First of all, they have the knowledge, experience and expertise to obtain the maximum amount of compensation for you as they have acted for people who have been injured on building sites before and understand the technical language used.
A building site solicitor will be familiar with the types of machines and work that is normally carried out on building sites. They will have done site inspections where they have viewed the type of machinery you are talking about and the processes which have caused your accident on actual construction sites. They will have seen photographs of building sites where accidents have occurred.
2. An experienced building site solicitor will fight for your rights
Secondly, they will be on your side against large insurance companies who usually pay out your compensation claim. We all have experience of how difficult it can be to talk to insurers if we have ever made a claim on our household policies. A building site solicitor will have been on the other side of many, many claims and know your rights. They will deal directly with the building site owner’s insurers or their solicitors or your employer’s insurers so you don’t have to. Dealing directly with your employer can be difficult, especially if you still work for them. Usually your employer or the owners of the building site are insured as by law they have to have insurance.
If your employer does not have employer’s liability insurance they can be fined up to £2,500 for every day they do not have appropriate insurance. This is a big incentive for employers to have employer’s liability insurance.
That means that it is not the owner of the building site or your employer who will pay out your claim but their insurers. You don’t have to worry that your claim will hit your employer directly in the pocket.
3. Rehabilitation and Treatment
Thirdly, they can help you get treatment for your injuries privately so you don’t have to wait for the treatment you need. We all know that the NHS is under strain and waiting lists mean that access to the intensive rehab that people need is difficult.
Access to treatment more quickly means that you will recover more quickly and be back to your normal self. Under the Rehab Code 2015 your opponents will fund the sort of treatment you may need which can include physiotherapy, psychotherapy, counselling and can include modifications to your home, aids and equipment or changes to your workplace so you can continue to work. The Rehabilitation Code has been in place since 1999 and was updated in 2015 and means that you do not have to pay for this treatment but the person who compensates you does. If you have been involved in a building site accident and you need private physiotherapy to recover then this is the sort of treatment that can be arranged for you as soon as possible instead of being on a long waiting list for treatment.
Fourthly and most importantly, their expertise and knowledge can get your more compensation than if you dealt with the claim yourself.
5. What is the most common accident on a building or construction site?
According to the Health and Safety Executive (HSE) Construction Statistics in Great Britain in 2022, the most common types of non-fatal accidents are
- Slips, trips or fall on the same level.
- Injuries whilst handling, lifting and carrying.
- Falls from height
- Being struck from moving, including flying and falling objects.
The Personal Injury Solicitors at Grieves Solicitors have successfully obtained pay-outs from these types of accidents but just because your accident does not fit into any of the above categories does not mean we cannot help you. Each accident is different and each claim is different and often does not fit in to set categories.
All employers or owners of sites have had a legal duty to carry out risk assessments since 1999, to ensure that you are not injured whilst working for them or whilst you are on their site. This should prevent accidents happening. If your accident is foreseeable and could have been prevented then you may have a claim. Sometimes, we find that even now, risk assessments have not been carried out or they are inadequate. The law takes a tough stance on claims where a risk assessment has not been done and could have prevented an accident happening.
Don’t hesitate to speak with us for a no-obligation chat, if you want to find out if you may have a claim.
Unfortunately, construction site accidents can be fatal and deaths do result from building site accidents. According to the Health and Safety Executive (HSE), there were 123 workers killed in work-related accidents in 2021/22 of which 30 occurred in the construction industry. The Personal Injury Solicitors at Grieves Solicitors have successfully obtained financial support for children and other relatives who have been left behind following a fatal accident.
So, where do these non-fatal accidents occur mostly?
In the construction or demolition of buildings
Civil engineering covering road and railway construction
Specialised construction activities including demotion, electrical, plumbing, joinery, plastering, painting and glazing.
Grieves Solicitors has successfully obtained a pay-out for many clients in these industries and just because you are self-employed or work for an agency on a construction site does not mean that you are excluded from making a claim. If the person in control of you has failed to take care of you whilst working for them or on a site where you are working you may have a claim.
What are the most common types of injuries on a building site?
Some common injuries on construction sites include:
- Broken bones.
- Brain and head injuries
- Back and spinal cord injuries.
- Chemical exposure illnesses.
- Eye injury and vision damage.
What can you claim for after an accident on a building site?
You can claim for pain and suffering and loss of amenity from the injuries caused by the accident as well as loss of earnings, future loss of earnings and care given to you by friends and relatives whilst you were incapacitated, travelling expenses and prescription charges. You can also claim the cost of any private treatment.
What to do after a building site accident
- Ensure that your accident has been entered in the accident book
- Get names and addresses of anyone who witnessed the accidents. This is especially important if you are an agency worker and may never return to the site.
- Take photographs of any machinery or of the place where your accident occurred in case machinery is repaired or the place alters for instance if you are on a building site.
- Make sure you visit your GP or hospital for treatment.
- Consult a Solicitor.
What will it cost me to consult a solicitor?
Most construction site solicitors will act on a no win, no fee basis. That means that there are no up-front charges to start your claim but at the end of the claim your solicitor will charge a legal success fee which cannot be more than 25% of applicable compensation. Applicable compensation means that the 25% deduction only applies to past losses, such as past loss of earnings, past pain and suffering and past care but not to future care claims, future medical expenses or future loss of earnings.
How long have I got to start a building site accident claim?
You will have 3 years from the date of the accident to either settle your claim or issue court proceedings unless you were under 18 when the accident occurred. If you were under 18 when the accident occurred then you will have 3 years from your 18th birthdays.
Tip: Start you claim as soon as you can as memories fade and witnesses disappear and there is no point in waiting to the last minute as many Solicitors firms will not take a claim on if there is only 6 months left to the end of the 3-year period.
If you want to speak to the Construction Site accident Solicitors at Grieves Solicitors to find out about how to claim for an accident on a building or construction site, don’t hesitate to ring us on 0800 0747 644.
Tip: Delay can prejudice your claim as the sooner Grieves Solicitors can get involved the sooner we can ensure that you obtain the maximum compensation you righty deserve.