LEGAL GUIDE · ENGLAND & WALES
Construction is the most dangerous industry in England and Wales. According to the Health and Safety Executive (HSE), construction workers account for a disproportionate share of all workplace fatalities each year — in 2024–25, 35 construction workers were killed at work, representing around 25% of all fatal workplace injuries despite construction employing a far smaller percentage of the working population.
If you have been injured on a construction site — whether as an employee, subcontractor, self-employed tradesperson, or visitor — you may have a valid compensation claim. This guide explains who can be held liable, which laws apply, and what your claim could be worth.
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Who Is Responsible for Safety on a Construction Site?
Construction sites are complex environments involving multiple parties — clients, designers, principal contractors, subcontractors, and suppliers. The Construction (Design and Management) Regulations 2015 (CDM 2015) set out the duties of each party and are the primary framework for health and safety liability on UK construction projects.
The Client
The client — the person or organisation that commissions the construction work — has duties under CDM 2015 to ensure suitable arrangements are in place for managing the project, including health and safety. On larger projects (those with more than one contractor), the client must appoint a Principal Designer and Principal Contractor in writing.
The Principal Contractor
The principal contractor is responsible for the overall management of health and safety on the construction phase of the project. This includes coordinating all contractors’ activities, ensuring the site is safe, and implementing the Construction Phase Plan. If you are a subcontractor or self-employed worker injured on a site managed by a principal contractor, the principal contractor may be liable alongside your direct employer.
Your Direct Employer or Contractor
Your direct employer — or the contractor who engaged you — retains responsibility for your safety in the context of the specific work you were carrying out. They must have carried out a risk assessment, provided suitable equipment, and ensured you were trained and competent.
Other Site Contractors
If a third-party contractor on the same site caused your accident — for example, by operating a vehicle negligently, failing to barricade off a hazardous area, or improperly erecting scaffolding — a claim can also be made against them directly.
What Laws Apply to Construction Site Accidents?
|
Legislation |
Relevance to Your Claim |
|
Construction (Design and Management) Regulations 2015 |
Principal contractor and client duties; site safety management; Construction Phase Plan |
|
Work at Height Regulations 2005 |
Falls from ladders, scaffolding, roofs, elevated platforms — the leading cause of fatal construction injuries |
|
PUWER 1998 |
Safety of all work equipment used on site — plant, machinery, tools, and lifting equipment |
|
LOLER 1998 |
Lifting operations — cranes, hoists, mobile elevated work platforms |
|
Health and Safety at Work etc. Act 1974 |
General duty of employers to ensure the health, safety, and welfare of employees |
|
Electricity at Work Regulations 1989 |
Electrical safety — contact with overhead lines and underground cables a significant construction risk |
|
Reporting of specified injuries and dangerous occurrences — see our guide: RIDDOR Explained |
Common Construction Site Accident Types
- Falls from height — scaffolding, ladders, roofs, mezzanine floors, and through fragile surfaces. For a detailed
- Struck by moving objects — falling materials, swinging loads from cranes, reversing construction vehicles
- Machinery and plant accidents — excavators, dumpers, concrete mixers, power tools, and lifting equipment
- Trench and excavation collapses — inadequately supported excavations
- Electrical contact — contact with overhead power lines or buried cables during groundworks
- Manual handling injuries — back and shoulder injuries from unassisted or poorly managed load-carrying tasks
- Exposure to hazardous substances — silica dust, asbestos (in refurbishment/demolition), cement burns, and chemical exposure
- Scaffold collapses — improperly erected, overloaded, or poorly maintained scaffolding
Can I Claim If I Am Self-Employed?
Yes, in many circumstances. The CDM 2015 framework applies regardless of your employment status. If the principal contractor or another duty holder had control over your working conditions on site, they may owe you a duty of care even if you are technically self-employed. The fact that you invoice rather than receive a PAYE payslip does not automatically remove your right to claim. NJS Law handles self-employed construction claims regularly — contact us to discuss your specific circumstances.
How Much Compensation Can You Claim?
Construction accidents frequently cause serious and life-changing injuries. The Judicial College Guidelines, 18th edition (2026) set out the general damages ranges:
|
Injury Type |
Severity |
Approximate Range |
|
Back injury |
Severe (permanent significant disability) |
£51,230 to £212,670 |
|
Spinal cord injury |
Paraplegia |
£289,420 to £375,540 |
|
Head / brain injury |
Moderate to severe |
£56,890 to £533,720 |
|
Leg — amputation (above knee, one leg) |
Severe |
£138,490 to £181,610 |
|
Arm — amputation (above elbow) |
Severe |
£144,860 to £172,970 |
|
Pelvis / hip fracture |
Significant |
£16,640 to £51,750 |
|
Burns — severe (covering 40% or more of the body) |
Severe |
£138,490 or more |
In addition, you can recover all financial losses — including lost earnings during recovery, future loss of earning capacity, care costs, rehabilitation costs, and home adaptations. See: Average Personal Injury Compensation Payouts in the UK.
Construction site accidents are often serious.
We gather the evidence, value your claim and negotiate with the insurer.
No Win No Fee · SRA Regulated · £10m+ Recovered in 2025–26
Figures are compensation before any deductions.
No Win No Fee: The law limits our success fee to 25% of the compensation for pain, suffering and loss of amenity and for past financial losses, after any state benefits are repaid. Compensation for future losses is not counted. If you win, our success fee is deducted from your compensation. It is a percentage of our basic charges, and the law limits it as set out above. Any After the Event insurance premium is payable only if you win, and is never charged upfront. Your letter of engagement sets out exactly what you will pay for your type of claim, and we explain it before you sign. If you lose, you pay us nothing. This applies as long as you keep to your responsibilities under the agreement. You may have to pay costs if you end your claim early, fail to beat an offer the other side made, or a court finds your claim dishonest or exaggerated; where we have arranged After the Event insurance, it covers some of these costs if you keep to the policy's terms. See exactly what you pay.
Frequently Asked Questions
Who is liable for a construction site accident?
Liability depends on who had control over the aspect of the site or work that caused your accident. The principal contractor is responsible for overall site safety under CDM 2015. Your direct employer or the contractor who engaged you is responsible for your specific working conditions. Other contractors on site may also be liable if their actions or failures contributed to your accident. In many construction claims, more than one party is liable.
What are CDM Regulations?
CDM stands for Construction (Design and Management) Regulations 2015. They apply to all construction projects in Great Britain and set out the health and safety duties of clients, principal designers, principal contractors, and contractors. The CDM framework determines who is responsible for safety on a construction site and at what level — which is why it is central to establishing liability in most construction accident claims.
Can I claim if I am a self-employed subcontractor?
Yes, in many circumstances. Self-employed workers on construction sites are protected by CDM 2015 and the other legislation that applies to the site. If the principal contractor or another duty holder had control over your working conditions, they may owe you a duty of care. Each case turns on its specific facts — contact NJS Law for a free assessment.
How long do I have to make a construction site accident claim?
Three years from the date of your accident under the Limitation Act 1980. For industrial diseases (such as asbestosis or silicosis) that develop gradually, three years from the date you first knew or ought to have known the condition was caused by your work. Act as soon as possible — evidence on construction sites is particularly perishable as sites are cleared and structures modified quickly.
This article is for general information only and does not constitute legal advice. For advice on your specific circumstances, please contact NJS Law directly.
For a full overview of accident at work claims, including eligibility, time limits and the claims process, see NJS Law’s accident at work claims service page.
Thinking about a claim? Read about Accident at Work Claims and how No Win No Fee works, or send us your enquiry.