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Construction Accident Claims

England & WalesLast reviewed 18 September 2026

Construction site accidents can involve several responsible parties: your employer, the principal contractor, the client or another trade. Falls from height, machinery, falling objects and manual handling are the commonest causes, and the CDM and Work at Height Regulations describe the precautions that should have been taken.

Who Can Be Liable on a Site

Direct Answer: Depending on the facts, the defendant may be your direct employer, the principal contractor who controlled the site, another contractor whose work created the danger, or the client.

The Construction (Design and Management) Regulations 2015 place duties on clients, designers, principal contractors and contractors to plan, coordinate and manage health and safety. On a multi-contractor site the person controlling the site or the work that caused the accident is often key, particularly for self-employed workers who cannot claim against an employer.

Falls From Height

The Work at Height Regulations 2005 require work at height to be avoided where possible and, where not, properly planned, supervised and carried out with suitable equipment such as edge protection, scaffolds and safe ladders, so that falls are prevented. Falls from ladders, scaffolds and roofs can cause catastrophic spinal and brain injuries, and injury claims of that kind have very large future-loss elements.

Common Injuries and Causes

Frequent claim types include:

  • Falls from scaffolding, roofs, ladders and unprotected edges
  • Being struck by falling objects or moving plant
  • Crushing and amputation injuries from machinery
  • Manual handling injuries from lifting heavy materials
  • Electric shock, burns and trench collapses

Frequently Asked Questions

Can I claim if I'm self-employed on a building site?

Yes, potentially. You cannot claim against an employer, but you may claim against the principal contractor, the site controller or another contractor whose negligence caused the accident, often through their public liability insurance.

What if there was no scaffolding or edge protection?

A failure to provide suitable fall protection is strong evidence of negligence under the Work at Height Regulations, though you still need to show it caused your injury and it must be considered with all the other facts.

Who is responsible on a site with several contractors?

Whoever controlled the work or the area where the accident happened, and whose negligence caused the danger. The principal contractor has coordination duties under the CDM Regulations.

What if I wasn't wearing safety equipment?

Failing to use provided PPE can lead to a reduction for contributory negligence, but a claim can still succeed, particularly if the employer did not provide, train or insist on its use.

Do I have to prove my employer was negligent?

Yes. Since 1 October 2013 a breach of a health and safety regulation does not by itself give you a civil claim. You must show your employer failed to take reasonable care, though a breach of the relevant regulations is strong evidence that they did.

How long do I have to bring a construction accident claim?

Generally three years from the date of the accident or, for an injury or illness that developed gradually, from your date of knowledge that it was significant and work-related. Different rules apply to children and people who lack capacity.

Can I make a workplace injury claim on a no win no fee basis?

Usually, yes. Most solicitors handle accident at work claims under a Conditional Fee Agreement, so you pay no solicitor fees if the claim fails, and QOCS normally protects you from the other side's costs. If it succeeds, a success fee capped at 25% of general damages and past losses is deducted from your damages.

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Spinal Injury Claims

Catastrophic spinal injury compensation

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What Is No Win No Fee?

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Where this applies: This page covers England and Wales. The rules in Scotland and Northern Ireland are different.

Sources for this page

Every rule stated above is based on the primary sources below. Each link goes to the legislation, court rule or regulator itself so you can check it. Last verified 18 September 2026.

  1. Courts and Legal Services Act 1990, s.58 (conditional fee agreements)

    The provision that makes CFAs lawful and enforceable. CFAs derive from this section, not from LASPO.

  2. Conditional Fee Agreements Order 2013, arts. 4–5 · in force from 1 April 2013

    Art. 4 caps the success fee at 100% of base costs. Art. 5 caps what may be taken from damages in personal injury at 25% of PSLA plus past pecuniary loss, net of CRU, at first instance.

  3. Civil Procedure Rules, Part 44 (incl. rr.44.13–44.17, QOCS)

    Qualified one-way costs shifting and its exceptions. Rule 44.14 was amended with effect from 6 April 2023.

  4. Limitation Act 1980, s.11 (personal injury actions)

    Three years from the date of the accident or the date of knowledge. Property damage such as a damaged vehicle is a separate claim with a longer six-year period under s.2.

  5. Limitation Act 1980, s.14 (date of knowledge)

    The three-year period can run from the 'date of knowledge': when you first knew the injury was significant and attributable to the act or omission alleged to be negligent. Central in delayed-diagnosis cases.

  6. Construction (Design and Management) Regulations 2015 (SI 2015/51)

    Allocates health and safety duties among clients, designers, principal contractors and contractors on construction projects.

  7. Work at Height Regulations 2005 (SI 2005/735)

    Work at height must be avoided where possible, and otherwise planned, supervised and carried out with suitable equipment to prevent falls.

  8. Enterprise and Regulatory Reform Act 2013, s.69 (civil liability for breach of health and safety duties)

    For accidents from 1 October 2013, breach of a health and safety regulation does not by itself give a civil claim unless the regulation says so. A workplace injury claim must generally prove negligence, using the regulations as evidence of the standard of care.

  9. Employers' Liability (Compulsory Insurance) Act 1969

    Most employers must hold employers' liability insurance covering injury or disease to employees, so that a successful claimant can be paid.

Who wrote and checked this page

Written and published by
Edward & Amaury Solicitors (Edward & Amaury Ltd, company no. 12195443), regulated by the Solicitors Regulation Authority under no. 800525.
Legal review
Checked for England & Wales by Edward & Amaury Solicitors — Solicitors regulated by the SRA (no. 800525) (verify on the regulator’s register).Review is recorded against the firm. The individual reviewer is not named on this page.
Review dates
Last reviewed 18 September 2026. Next review due 18 March 2027.

Fee rules change. California’s medical malpractice fee limits changed on 1 January 2023, and the QOCS rules in England and Wales changed on 6 April 2023. If you spot something out of date, tell us — we publish corrections.

Think you have a claim? Find out for free.

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Where this applies: This page covers England and Wales. The rules in Scotland and Northern Ireland are different.

Sources for this page

Every rule stated above is based on the primary sources below. Each link goes to the legislation, court rule or regulator itself so you can check it. Last verified 2 August 2026.

  1. Courts and Legal Services Act 1990, s.58 (conditional fee agreements)

    The provision that makes CFAs lawful and enforceable. CFAs derive from this section, not from LASPO.

  2. Conditional Fee Agreements Order 2013, arts. 4–5 · in force from 1 April 2013

    Art. 4 caps the success fee at 100% of base costs. Art. 5 caps what may be taken from damages in personal injury at 25% of PSLA plus past pecuniary loss, net of CRU, at first instance.

  3. Legal Aid, Sentencing and Punishment of Offenders Act 2012, ss.44–46 · in force from 1 April 2013

    Ended recoverability of success fees and ATE premiums from the losing party. Did not create or regulate CFAs.

  4. Civil Procedure Rules, Part 44 (incl. rr.44.13–44.17, QOCS)

    Qualified one-way costs shifting and its exceptions. Rule 44.14 was amended with effect from 6 April 2023.

Who wrote and checked this page

Written and published by
Edward & Amaury Solicitors (Edward & Amaury Ltd, company no. 12195443), regulated by the Solicitors Regulation Authority under no. 800525.
Legal review
This page has not yet been through independent legal review. It is written from the primary sources listed below, which you can check directly.
Review dates
Last reviewed 2 August 2026. Next review due 2 February 2027.

Fee rules change. California’s medical malpractice fee limits changed on 1 January 2023, and the QOCS rules in England and Wales changed on 6 April 2023. If you spot something out of date, tell us — we publish corrections.