Construction Site Accident Claims

If a construction worker suffers a workplace accident that is not their fault, they can file a claim for compensation known as a construction site accident claim. 

As with any personal injury claim, a worker must prove that their construction site injury occurred because of another party’s negligence. 

In this instance, that negligence needs to be attributed to a building site employer who is responsible for the safety of the workers under their management. 

To prove negligence and achieve success in your building site accident claim, you must show that your employer failed to meet the duty of care they owed you and, in doing so, directly caused or impacted your accident or injury.  

All kinds of accidents can occur on building sites, but we do see some claims arise more frequently than others.

Some of the more common construction site claims include:

Construction sites are breeding grounds for dangerous equipment and machinery capable of inflicting physical harm if used improperly. 

Employers must ensure the correct safety gear is provided and that workers are adequately trained to use the machinery at their disposal. 

Many different injuries can occur due to dangerous machinery on construction sites including cuts and lacerations, nerve damage and crush injuries.

There is a reason we associate hard hats with construction sites as the quintessential piece of safety gear worn by builders.

Building sites have the potential to produce dangerous falling objects at any moment and employers are responsible for preventing such incidents.

If someone is hit by debris or a flying object, it is crucial they are protected by appropriate gear.

Those working at a height risk injuring themselves from a serious fall if proper measures are not put in place to assist them. 

An employer must put regulations in place by way of training, scaffolding and protective equipment if necessary. 

Ladder accidents can cause serious injury to the back, neck and brain.

Manual handling can be an important part of a construction worker’s job, but it requires detailed training to avoid being a very dangerous endeavour. 

Back, neck and shoulder injuries are among the most common for accidents involving heavy lifting. 

An injury doesn’t have to be caused by lifting – a manual handling accident can occur through pushing or pulling a heavy object.

Though you mightn’t think of them as a common workplace injury, building sites are packed with vehicles capable of causing an injury. 

Between cars, vans and forklifts, there is plenty of scope for a collision with a worker if guidelines are not correctly implemented. 

If you suffer a vehicle accident at work, you may have the basis for a strong claim.

Ultimately, it is the employer’s responsibility to ensure that construction sites are safe, and that procedure is followed in order to avoid a construction site accident. 

With that being said, if an accident occurs outside of the employer’s control, they cannot be held legally responsible. 

For example, if a ladder accident occurs and the victim is adjudged to have fallen due to overreaching or because they did not properly secure the ladder, they may be considered the negligent party.

In order to prove your employer’s negligence had a direct impact on your workplace accident, it is important to document the incident immediately and gather as much evidence as you can.

You cannot lose your job for bringing a fair workplace accident claim against your employer.

The law prevents employers from discriminating against employers when they file a legitimate claim, so you will not lose your job and you cannot be treated any less favourably.

Some of the common injuries we see from construction site accidents include:

Construction sites are dangerous places if proper safety precautions are not taken. 

The potential for injuries to arise from falls and from falling objects is high, and the severity of a building site accident can range from minor to life-altering. 

If you suffer an injury at work, mentioned above or not, consider contacting a workplace accident solicitor for advice on your situation.

While a good solicitor can be a major help for your workplace accident claim, many of your own actions will determine the success of the process. 

You must ensure you document the incident as soon as possible by filing an official accident report. 

If there are witnesses to the event, ascertain their contact details and try to add their testimony to your case.

Lastly, document your injury as it develops in the coming days and hold onto doctor’s reports that back up your claim.

In the event of an accident or injury in the workplace, you may want to follow the following steps in order to best look after your own health and, later on, build a strong case for compensation.

In Ireland, you have a two-year window in which you can make a claim following a workplace injury.

This period begins on the “date of knowledge” – that is the day on which you become aware of the extent of your injury. 

In most cases, workers are aware of the injury they have suffered at the moment of their workplace accident, but some injuries will only reveal themselves over time. 

While you do have two years to make a claim, it is strongly advised that you begin the legal process as soon as possible following a workplace accident. 

The sooner you build your case and contact an experienced solicitor, the better chance you have of a successful claim for compensation.

Though they are rare, it is possible to claim for a workplace accident you caused as long as you prove your employer shares the responsibility. 

This is called contributory negligence and it occurs when both parties’ actions had a direct influence on the accident. 

The most common example is a road traffic accident in which the victim was not wearing a seatbelt. 

The other driver involved in the collision may bear the brunt of the responsibility, but the victim’s actions can also have an impact on their injury. 

If you are unsure whether your building site accident qualifies as contributory negligence, get in touch with us at Hughes & Associates today for an assessment of your case.

If you have suffered a construction site injury that was not your fault, contact our team at Hughes & Associates today. 

Our experienced solicitors are on hand now to offer warm and insightful advice on how to advance with a legitimate claim for compensation.