If you have been injured or had an accident on a construction or building site that has been caused by the negligence of another person, then you may be entitled to make a construction accident claim.

Health and Safety legislation exists to protect you as an employee and your employer has a duty by law to provide you with a safe workplace. Construction accidents can be very serious, even fatal, and injuries sustained in accidents on a building site can have life long consequences.

Hughes & Associates Solicitors, based in Dublin 2, can help you if you have been in a construction accident that was not your fault. Our team of expert personal injury solicitors have extensive knowledge and experience of construction accident and workplace accident claims.

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Employers’ responsibilities in construction accidents

Construction sites are busy and inherently dangerous places so it’s essential that any hazards are minimised to reduce the risk to you as an employee.

Under The Health and Safety at Work Act 2005, your employer has a responsibility to maintain a safe working environment for you and if they are negligent or in breach of this duty and it results in an accident or injury for you as an employee then you may be entitled to compensation.

Construction accident claims can be very complex as employers, contractors or subcontractors, and site owners may have varying responsibilities depending on the circumstances of your accident. Equipment manufacturers and suppliers may be responsible in cases involving faulty or defective equipment or materials.

Contact Hughes & Associates for help with your Construction Accident Claim

Common construction accident claims

There are many hazards on a building site that can result in injury or an accident. Here are some examples of construction accident claims.

Falls from a height such as from scaffolding, ladders, or through exposed areas can cause severe injuries. 

Where you are working from more than 6 feet off the ground, your risk of serious injury or even a fatal accident is increased. Employers must provide fall protection, and the correct ladders, scaffolds, and safety gear. Incorrectly assembled scaffolding can also cause serious accidents.

Moving machinery and unsafe or unstable structures can all cause crush injuries. Physical trauma from crush injuries can affect the head, torso, and limbs.

Moving vehicles can also cause crush injuries causing injury and a long time of disability and complications from the injury.

This type of injury occurs from a sharp object. Building sites can be full of hazardous objects and debris which could cause a puncture injury. 

Needlestick injuries can occur where used syringes have been discarded, on formerly derelict sites for example, and can have serious health implications.

Back injury can occur due to a physical trauma which injures the back, neck or shoulder, or damages the spinal cord.

Back, neck and shoulder injuries can also be caused by improper lifting and repetitive movements without adequate equipment or rest.

Head injury can be catastrophic and severe causing life long disability and complications. There are many hazards on a building site which can result in head injury such as falling objects.

Slips, trips, and falls can also result in head injuries. Less severe head injuries include concussion which temporarily affects the working of the brain. Correct use of safety helmets should minimise the risk of head injuries.

Manual handling training is compulsory in a job that involves lifting and moving objects. Improper training, lack of rest breaks and inadequate equipment can all lead to manual handling related injuries.

Back injuries, neck injuries, shoulder injuries, hand and foot injuries, and hernias, as well as repetitive strain type injuries can all be the result of manual handling.

Forklift injuries are often the result of insufficient and improper training, as well as a heavy workload leading to speeding, inadequate communication or instructions, poor forklift maintenance, uneven surfaces, or unsafe work environments.

Forklifts can cause injuries to the operator of the forklift but also those around them if they are used improperly or in a busy unsafe environment.

Many types of heavy and dangerous machinery are used on building sites. Serious injuries can occur where machinery is used improperly or malfunctions or where adequate training is not provided in its use.

Where equipment or machinery is found to be defective, the suppliers or manufacturers of these products may be liable for injuries caused by its use.

Asbestos has been banned from use in Ireland as it can cause serious illness and health issues from those who work with it.

Asbestos can still be disturbed an/ or uncovered on building sites where there are older structures . Where you have been diagnosed with an asbestos related illness, you may be eligible to make a claim for compensation.

Falling objects result in injuries due to a violent impact or contact. Falling objects such as tools, materials, or objects can cause severe injuries and can be fatal or can cause sufficient injury to leave you unable to work for a time.

Where work on a building site is performed at height, even relatively low heights, workplace safety must be maintained.

The Health and Safety Authority (HSA) suggests that there were 25 deaths from electrocution or the explosive/ burning effects of electricity associated with a work activity from 2001 to 2020.

Electric shock and burns can also cause serious injury and the dangerous work environment as well as dangerous use of electrical equipment, generators, extension leads, and power lines can all contribute to the risk to you.

Electrical, chemical, and thermal burns can all occur on a busy and hazardous building site.

Burn injury due to the negligence of another can result in skin and tissue damage but can also result in life threatening emergencies and can leave you with life long complications.

Incorrect or inadequate training can lead to a significant increase in construction accidents. Accidents caused by untrained workers to themselves and others can result in fatalities, injuries, and ill health.

It is an employer’s responsibility to ensure that their employees are adequately trained for the work they do such as safety protocols, hazard recognition and correct use of equipment.

Building sites are hazardous environments and trips, slips, and falls can occur due to debris, wet surfaces, trip hazards such as cords, uneven surfaces, and many other hazards.

It is the responsibility of those who manage construction sites to ensure that workers can move safely around the site and maintain a safe environment to minimise the risk of slips, trips, and falls.

What to do if you are involved in a construction accident

If you have been involved in an accident on a site you must take certain steps to protect yourself if you are able to.

  • Get medical attention
  • Report the accident to your employer
  • Gather evidence related to your accident
  • Contact a construction accident solicitor

Personal Injuries Resolution Board

A construction accident claim is a form of workplace injury claim and your solicitor will work with you to prepare an application to the Personal Injury Resolution Board (formerly PIAB).

The PIRB is the statutory body who can assess your claim and recommend an award for compensation based on the type, nature, and severity of your injuries. The effect that your injuries have had on your life and employment now and in the future will also be taken into account.

The statute of limitations is the length of time that can elapse between the date of your accident or the ‘date of knowledge’ of your injuries and making a construction accident claim. In Ireland, this is normally two years.

If the PIRB recommends a settlement amount in your case, the compensation award will consist of:

  • General damages are for your injuries and any physical and psychological effects you face due to your workplace accident.

  • Special damages are for any medical and other expenses you have incurred as a result of your construction accident. Loss of earnings now and any effect on your future employment prospects will also be taken into account.

Contributory negligence for workplace accidents

An employee’s negligence can, at times, be considered to have contributed to their accident or injuries such as not adhering to safety procedures or taking reasonable care to ensure their own safety.

This can result in a lower compensation award. However, fear about being considered to have contributed to your accident should not discourage you from making a construction accident claim and speaking to a workplace injury solicitor as they can assess your claim and advise you accordingly.

Will I lose my job if I make claim against my employer

You need not fear that making a construction accident claim against your employer will mean that you will not be able to return to work when you have recovered or that you will lose your job.

Workplace legislation will protect you in the event that you are dismissed from your job having made a claim against your employer. Likewise if you are dismissed while on long term sick leave you are protected by law.

Contact Hughes & Associates Solicitors

At Hughes & Associates we understand that being involved in a construction accident can leave you in pain and worried about your future. It is a stressful time dealing with the pain of your injury as well as dealing with the financial consequences.

We can help you to get the compensation that you are entitled to and which will allow you to focus on your recovery.

Complete our claims assessment form or contact us online or by phone and you can speak to one of our specialist team about your claim.

Contact the Hughes & Associates Team

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    +353 1 891 0020
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