Building and construction sites

All employers have a duty of care to protect all employees, contractors and visitors on a construction site.  This should always include the compulsory wearing and use of safety wear and fully functional personal protective equipment, such as hard hats, safety boots, hi-vis jackets, safety glasses and ear defenders.

Among the key areas of legal responsibility are the carrying out and constant updating of risk assessments and safe working methods, communicated in writing to “all who need to know.”

If your employer fails to comply with legislation to prevent an accident and you are injured at work, you may be able to pursue a claim.

Under the Construction (Design and Management) Regulations 2015 (CDM 2015), a site contractor has a legal duty to:

A lack of adequate site management and control can often be responsible for a failure to remove hazards or enforce safety measures. Small firm employers can be wilfully negligent and flout the required procedures. Official site inspections often report the following site dangers:

• Lack of edge protection on roofs and scaffolding
• Equipment / tool malfunctions
• Hoist or safety harnesses failure
• Moving vehicles

One third of accidents on building sites involve site dumpers and vehicles reversing (HSE). Often a combination of poor planning and inadequate separation of pedestrians and vehicles can cause vehicles or their loads to strike on-site workers and obstructions, particularly when reversing.

The most notable areas of negligence are repeatedly found to be:

The Regulation 36 of The Construction (Design and Management) Regulations 2007 (CDM) requires that:

“Every construction site shall be organised in such a way that, so far as is reasonably practicable, pedestrians and vehicles can move safely.”

Site contractors have a duty to protect all on-site personnel from the risk of being struck by a vehicle. A safe system should be put into place to ensure:

• Pedestrian-only areas where vehicles are completely excluded
• Vehicle-only areas, especially where space is limited or traffic is heavy
• Signposted safe pedestrian routes to work
• Safe vehicle routes around the site
• Personal protection equipment (PPE)

The basic welfare of people working on site can often be simply neglected, and may be a cause of health or hygiene issues.

Site management is responsible for personnel welfare and the provision of essential facilities maintained to regulation standards.

• Toilets should be readily available, kept clean and properly lit
• Washbasins should have hot and cold (or warm) running water, soap and towels.

A small builder is generally defined as an individual who carries out work on:

• Private, domestic projects -  extensions, repairs and refurbishment work
• Smaller business projects - short duration repairs and refurbishment involving less than 30 days of construction work.

An employer of a small building firm must comply with the regulations to ensure the safety of his workforce and members of the public when working on all and every type of residential or small commercial project.

Many people are injured in the construction industry when they fall from height, for example they may be working up ladders or scaffolding. Injuries associated from falls from height can be quite wide ranging, anything from cuts and bruises to strains and sprains or broken bones, head injuries to catastrophic injuries.

Some falls from height can tragically result in death where the impact on family members is of course devastating. About 34% of on the job deaths happen this way.

Slips and trips are also common, caused by stray tools and equipment, and holes in the ground, or other hazards lying around.

If you can show that your employer or contractor was negligent, then you need also to prove that your condition or injury was a result of that negligence.

You should make sure that the accident is recorded in the Accident Book at work, reported to the supervisor or foreman on the construction site, and you should also see your GP for medical attention.

We can help you with a claim by obtaining medical records and also occupational health records.  We’ll also obtain medical report to confirm that your injuries have been caused as a direct result of negligence in work.

Any claimant has 3 years from the date of the accident in order to bring a claim.  You should always make sure you consult specialist solicitors so that we can advise you about all the evidence we need in order to make your claim successful.

Here at Your Legal Friend we’ll advise you on a No Win,  No Fee basis.  Our initial consultation is free of charge in any event and we will always discuss our terms and conditions with you right from the outset so that you never need worry about any surprises.

You should be able to claim compensation for the injuries you’ve received, both physical and any psychological injuries as a result of everything you’ve been through.

The award for compensation for your injuries will be based on the medical evidence we receive in relation to your case and we’ll also look to claim financial losses for you both past and in the future. We’ll compile a schedule of financial loss, so it is helpful if you can keep receipts for things like travel or medical expenses, but we’ll also look to loss of earnings, both past and in future, if you’re not able to work straight away.