Can I claim for constructions and building site accidents?

There are around 2.69 million people working in the construction industry in the UK and construction and building sites are some of the most hazardous workplaces in the UK. The UK has some of the most comprehensive construction regulations and legislation in the world, however the very nature of the industry means that accidents will always happen. Construction requires large, powerful tools and machinery, with vehicles criss-crossing work sites and people working on high ladders and scaffolding on a daily basis. Constructions sites remain a high-risk industry and account for a high percentage of fatal and major injuries and statistics published by the Health and Safety Executive have revealed that construction workers have a high risk of developing diseases.

Employers have strict health and safety responsibilities under the Health and Safety at Work Act 1974 and Construction (Design and Management) Regulations 2015. If you work in construction, it is imperative that you understand your rights as a worker, and what you can do to help you protect yourself in your workplace.

Your Safety Rights at work

• Your employer is legally required to ensure your health and safety at work while working on a construction or building site. They must take reasonable steps to provide a safe working environment to minimise the risk of injury or illness. This includes ensuring:

(i) Safe machinery and equipment are used.
(ii) Protections from hazardous substances such as toxic chemicals.
(iii) A clear system for reporting health and safety concerns.
(iv) All construction workers must be properly trained and qualified before carrying out any tasks.

Aston Knight Solicitors acted for a client who sustained a partial amputation to his finger in a work place accident.

Safety & Protective Equipment

• Your employer must provide you with the appropriate Personal Protective Equipment (PPE) to ensure safety on site. The specific PPE required will depend on the nature of your work and will generally include:

(i) High visibility clothing – to ensure you are easily seen
(ii) Steel-toe capped boots – to protect your feet from heavy objects
(iii) Hard hats – to prevent head injuries
(iv) Knee pads
(v) Safety spectacles
(vi) Ear defenders
(vii) Face masks
(viii) Back and neck supports

By following proper safety procedures and wearing the correct PPE, this can significantly reduce the risk of you suffering a workplace injury.

Common Types of Construction and Building Site Accidents

Falls from Height

• These falls typical are due to scaffolding collapses, unstable ladders or poorly maintained/missing guardrails and harnesses.
• It is essential that your employers provide you with safety gear which is in good condition and correctly used.

Slips, Trips and Falls

• Uneven surfaces, loose cables, or poorly maintain walkways can lad to trips and falls.
• Tools and equipment left on the floor.
• Worksite should be kept clean and free of hazards.

Falling Objects

• Tools, materials or debris falling from height can cause serious injuries
• If an object is dropped onto you from above it is an event which is taking place without any warning and not giving you sufficient time to move out of harms way.

Machinery and equipment accidents

• You should be equipped with tools which are in good working order.
• Faulty equipment or lack of proper technique can cause injuries.

Construction Vehicle Accidents

• Collision with pedestrians: poor visibility and blind spots and lack of traffic control can lead to you being injured by a colleague operating a vehicle.
• Negligent driving of a vehicle operator
• Defective or poorly maintain vehicles
• Falling loads from vehicles
• Reversing accidents

Manual handling injuries

Lifting heavy objects without proper techniques can cause back and other strain injuries.

Excessive Noise and/or Vibrating Tool Hazards

• If you work in the construction industry you may have at some time used loud tools such as drills, grinders, and jackhammers. This can cause hearing loss or problems such as tinnitus.
• Prolonged use of power tools on construction sites can lead to serious injuries, particularly affecting the hands, arms, and wrists. Continuous exposure can lead to hand-arm vibration syndrome, a debilitating condition that damages nerves and tendons. If left untreated this can result in reduced grip strength and in severe cases permanent loss of function.

Exposure to Hazardous Substances

• Working in a construction often involves exposure to hazardous substances such as asbestos, chemicals and dust all of which can pose serious long-term health risks.

Common hazardous substances found on constructions sites include:

• Dust, fibres and smoke from cutting, sanding or drilling materials.
• Fumes, sprays and mists form paints, solvents and adhesives
• Aerosols, carbon monoxide and exhaust gases from machinery
• Micro-organisms such as bacteria, viruses, and fungi which can cause infections. as a hazardous substance.

Due to the frequent use of chemicals in construction, proper handling and safety measures are essential.

Failure to take proper precautions can result in serious respiratory issues, skin conditions and long term health problems affecting the lungs, throat, eyes and skin.

Who can you claim against?

This depends on who was responsible for the accident.

• Your employer – if they failed to provide a safe working environment.
• Site manager/Principal contractor
• Subcontractor(s)
• Equipment/machinery manufacturers – if faulty tools or machinery caused the accident.

Any accident at work resulting in injury could have a life changing impact on you as injuries can vary from minor cuts and bruises to serious crush injuries and even head or brain injuries.

If you have suffered an injury at work, then please contact a member of our specialist team.