Construction Injury Claims — Scotland

Working on a construction site requires adequate health and safety training. Construction sites are busy environments with many moving elements, all of which can lend to causing a construction injury. If your construction accident was due to someone else’s negligence, there’s a high chance you qualify to make construction injury claims for compensation.

Keeping You Fully Informed

"Watermans were ultimate professionals throughout the entire process. Cassandra worked on my case and was a pleasure to work with, she kept me fully informed and was completely honest throughout to manage expectations. Can’t thank the team enough!"

Z Higgins, Personal Injury Claim

The Short of It

  • If you have been injured on a construction site in the last three years,

    and it wasn't your fault, you may be entitled to claim compensation.

  • Construction accidents can be caused by

    inadequate health and safety training, on-site negligence and human error.

  • Watermans employ expert personal injury solicitors who can aid you

    in the process of making a construction accident compensation claim. 

  • Everything we do at Watermans

    is about getting you the resolution you need and providing straightforward legal advice. It should be that simple.

  • The Long of It

    Construction Site Accidents

    Construction site accident claims

    Construction sites are considered one of the most dangerous environments to work in. Not only is the nature of the work often strenuous, but it is an environment that is by its very nature dangerous.

    Being employed on a building site often involves working from a height or working with heavy machinery and sometimes harmful materials. Engaging in such activities in the workplace can often lead to construction site accidents. The most common construction site accidents include:

    • Lifting accidents
    • Falls from ladders
    • Safety harness failure
    • Contact with forklifts and other heavy machinery
    • Tool malfunctions
    • Chemical spillages
    • Defective scaffolding

    The majority of construction site accidents are caused by negligence and human error. Your employer or the main contractor is required by law to ensure you are working in a safe environment.

    If your employer or main contractor breaches any statutory duties and contributes towards the construction accident, they or their insurer may be liable to pay construction site compensation for your damages and injuries. The same applies if you’ve had an accident and you think you did not receive appropriate personal protective equipment or sufficient safety training.

    Common Construction Injuries

    Injuries sustained on a construction site can vary from strains and sprains to serious, life-threatening injuries. Below, we’ll go into more detail about these common construction site injuries.

    • Strains and sprains – Overexertion, lifting heavy objects, or repetitive motions can cause strains and sprains in various parts of the body, particularly the back, neck, and shoulders.
    • Lacerations and cuts – Working with sharp tools, exposed nails, or jagged edges can result in deep cuts or lacerations that may require stitches or even surgery.
    • Fractures and broken bones – Falls from heights, being struck by falling objects, or getting caught in between equipment can lead to fractures or broken bones.
    • Head injuries – Falling objects, slips, trips, and falls can cause head injuries ranging from mild concussions to severe traumatic brain injuries (TBI).
    • Burns – Exposure to chemicals, hot surfaces, or electrical currents can cause burns of varying degrees.
    • Respiratory issues – Inhaling dust, fumes, or other harmful substances can lead to respiratory problems, such as asthma or lung diseases.
    • Hearing loss – Prolonged exposure to loud noises from construction equipment can result in hearing loss or tinnitus.
    • Amputations – In severe cases, building site accidents involving heavy machinery or power tools can cause the loss of fingers, toes, or limbs.

    Even if your injury does not fall under one of these common categories, our construction accident solicitors are still here to help. Don’t hesitate to reach out to us for assistance in claiming the compensation you deserve.

    Making a Claim

    Who qualifies for building site accident claims?

    If you have been involved in an accident on a construction site within the last three years, you may be entitled to compensation. This applies to a wide range of individuals who may be present on building sites, including:

    • Construction site workers – Construction workers who are directly involved in the construction process, such as labourers, carpenters, electricians, plumbers, and heavy equipment operators.
    • Contractors and subcontractors – Independent contractors or subcontractors hired to perform specific tasks on construction sites.
    • Site visitors – Individuals who are visiting the construction site for work-related purposes, such as architects, engineers, inspectors, or clients.

    To qualify for a construction injury compensation claim, an accident on a building site must have occurred due to the negligence of another party, such as the site manager, site owner, or equipment manufacturer. This negligence can take many forms, including:

    • Failure to provide a safe working environment
    • Inadequate training or supervision
    • Defective equipment or machinery
    • Lack of proper safety gear or protective equipment
    • Non-compliance with health and safety regulations

    If you’re unsure if you qualify for building site injury claims, contact one of our skilled personal injury specialist solicitors today, who will discuss your eligibility and be able to guide you through the construction accident claims process.

    How do I make a construction site accident claim?

    If you have suffered a personal injury from an accident at work within the last three years, then there are necessary steps you must take for your construction accident claim to be successful.

    1. Seek medical attention – It is important to make sure any injuries sustained from the building site accident receive immediate medical attention. This is not only for health reasons but also because medical records and receipts are crucial evidence in your claim further down the line.
    2. Report the accident – You should also report the accident to your employer, main contractor, or health and safety executive as soon as possible. By making a health and safety record of the construction site injury event, you’re providing yourself with additional proof, making your building site accident claim process easier.
    3. Gather evidence – To strengthen your claim, collect evidence such as photographs of where the accident happened, witness detail, and any relevant documentation (for example, safety protocols and training records). If you are not able to obtain this information then we will recover that information for you.
    4. Seek legal advice – Speak to our construction injury solicitors today, who are there to offer support and clear, straightforward advice. We can act on your behalf to secure the construction injury compensation you deserve from the negligent party.
    5. Focus on your recovery – Receiving compensation for an injury sustained on a construction site is important, as it eases the financial burden you may face as a result of being unable to work. Our construction accident lawyers take the hassle out of the legal side of things for you so that you can concentrate on the recuperation process.

    At Watermans, we understand the importance of securing compensation for your construction site injury. Plus, we operate on a no-win, no-fee basis, meaning that if we don’t win your case, you won’t have to pay any solicitors fees.

    It should be that simple.

    How Much Compensation?

    How much compensation can I claim for a construction site accident?

    As with all personal injury claims, there is no definitive answer for how much building site accident compensation you could claim for your accident. It will be dependent on the severity of the injury and its effect upon you.

    In most instances, you may be entitled to claim compensation for a variety of things, including:

    • Medical, rehabilitation and hospital expenses – Compensation will cover expenses related to hospital stays, surgeries, medication, physiotherapy, and any other medical costs incurred due to your injury.
    • Loss of earnings or earning capacity – If your injuries prevent you from returning to your previous job or limit your future earning capacity, you may be entitled to construction site compensation for lost wages and future income.
    • Any future expenses as a result of the injury
    • Home modification and care expenses – If your injuries require home care services and modifications such as installing ramps or widening doorways, this will be taken into account when calculating your construction accident compensation claims.
    • Pain, suffering, and loss of enjoyment of life – Compensation may also be awarded for the pain, suffering, and emotional distress caused by your construction site accident.
    • The severity of your injuries – More severe injuries, such as brain trauma, spinal cord damage, or amputations, typically result in higher compensation amounts due to their long-term impact on your life.

    Our experienced construction accident lawyers will carefully assess your case to ensure you receive the maximum compensation. If you want an estimate of how much compensation may be due to you, use our online claims calculator.

    Why Watermans?

    Why should I choose Watermans to pursue my claim?

    Watermans make legal services look and feel easy so people can move forward in life.

    Our expert team of construction injury lawyers is committed to doing everything to make the building site accident claims process straightforward for our clients following an accident. We take the hassle from you and fight each case to secure the maximum level of compensation.

    We also provide access to a range of additional services, such as physiotherapy and psychological treatment, to ensure you recover from your construction injuries as soon as possible and get your life back on track.

    Expert Personal Injury Lawyers in Scotland

    Our expertise in personal injury covers a wide range of areas, including accidents at work, public liability claims, road traffic accidents, fatal and serious injury claims and cases relating to child and historical abuse.

    We represent thousands of clients throughout Scotland each year, securing millions of pounds in compensation for our clients. We work on a no-win, no-fee claim basis, which means that if your construction accident compensation claim is unsuccessful, you won’t end up out of pocket.

    Construction Injury Claims - FAQs

    Yes, even if you were partially at fault for the construction accident, you might still be entitled to compensation. In Scotland, the principle of contributory negligence applies, which means that the compensation awarded will be reduced by the percentage of your fault in the accident.

    For example, if you were found to be 25% at fault, your compensation would be reduced by 25%. You’ll have to discuss your case with a construction accident lawyer to determine your eligibility for construction accident claims.

    The duration of a construction injury claim process can depend on the difficulty of the case and the severity of the injuries. Some cases may be settled within a few months, while others may take several years.

    Factors that can impact the timeline include the time needed to gather evidence, negotiate with the responsible party, and, if necessary, go through court proceedings. Our construction accident injury lawyers will keep you informed of the progress and provide an estimated timeline for your specific case.

    In Scotland, it is a legal requirement for all employers to have Employers’ Liability Insurance. This insurance covers the cost of compensating employees who are injured or become ill due to their work. If your employer does not have this insurance, you can still make a claim. In such cases, your construction site accidents lawyer may pursue the claim directly against your employer.

    Yes, you can claim compensation for psychological trauma resulting from a construction accident. Psychological injuries, such as post-traumatic stress disorder (PTSD), anxiety, or depression, can be just as traumatic as physical injuries.

    To make a successful claim, you may need to provide medical evidence of your psychological condition and its connection to the construction accident. Our personal injury solicitors at Watermans have experience handling claims involving psychological trauma and will work with you to ensure you receive appropriate compensation.

    If you witness a construction site accident, your first priority should be to ensure the safety of the injured person and yourself. Call emergency services if necessary.

    If it is safe to do so, document the scene by taking photos and collecting contact information from other witnesses. This information can be valuable evidence for the injured person’s claim. Report the incident to the health and safety representative or site manager as soon as possible.

    The thought of going to court can be stressful, especially considering the legal costs that may be involved. However, most building site injury claims are settled out of court without needing a formal court hearing. Our building site accident solicitors are skilled negotiators who work hard to secure the best possible settlement for your claim through negotiations with the responsible party or their insurance company.

    However, if the responsible party disputes liability or if a fair settlement cannot be reached through negotiations, your case may need to go to court. In such instances, our experienced lawyers will guide you through the court process, ensuring you are well-prepared and represented at every stage.

    If you have serious injuries that prevent you from returning to your previous role in the construction industry, you may be entitled to make a claim for loss of future earnings.

    This compensation aims to cover the difference between your expected income had the accident not occurred and your projected income, given your new circumstances.

    Your solicitor will work with medical experts and financial specialists to calculate an appropriate amount that considers your age, experience, financial losses, and potential career progression.

    It’s your employer’s responsibility to ensure your health, safety, and welfare while you are at construction sites. This responsibility includes taking all reasonable steps to prevent construction accidents and minimise risks. Some of the key things your employer should do to keep you safe include:

    • Conducting regular risk assessments to identify potential hazards
    • Providing you with appropriate personal protective equipment (PPE)
    • Ensuring that all machinery, equipment, and tools are properly maintained and safe to use
    • Providing adequate training and supervision
    • Implementing clear health and safety policies and procedures
    • Ensuring that the construction site has safe access routes and adequate facilities such as toilets

    If you feel that your employer is not fulfilling their responsibility to keep you safe on building sites, you should raise your concerns with your supervisor or the site’s health and safety executive.

    It’s illegal for your employer to dismiss you or treat you unfairly for making a legitimate construction site claim. If your employer retaliates against you for making a claim, you may have grounds for an unfair dismissal or discrimination claim.

    Our solicitors will provide you with clear, confidential advice and support throughout the claims process, ensuring your rights as an employee are protected.

    We believe that everyone should have access to quality legal representation, regardless of their financial situation. That’s why we offer free consultations for all personal injury claims, including construction site injury claims. During this consultation, our solicitors will review your case, answer any questions you may have, and provide you with expert advice on the best course of action.

    If we believe you have a valid case to make a construction accident claim and you choose to proceed with our services, we will handle your case on a “no-win, no-fee” basis. This means that you won’t have to pay any upfront costs or legal fees. This arrangement allows you to make a claim without any financial risk or burden.

    Looking to make a building site injury compensation claim in Scotland? Request a callback from Watermans to start the process for your construction injury claims today.

    Get in touch with us

    Everything we do at Watermans is about getting you the resolution you need and making that process straightforward. Start the process by sending us your details below or calling us on 0131 555 7055

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    Our personal injury claims expert

    “Making a claim for compensation can be such a daunting process for people, so I try to make it as straightforward and easy to understand as I can for them.”

    Susanne McGraw, Head of Personal Injury