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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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 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 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 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.
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.
|
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 |
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.
Construction accidents frequently cause serious and life-changing injuries. The Judicial College Guidelines (18th edition, April 2026) set out the general damages ranges:
|
Injury Type |
Severity |
Approximate Range |
|
Back injury |
Severe (permanent significant disability) |
£38,780 – £169,400+ |
|
Spinal cord injury |
Paraplegia |
£219,070 – £322,060+ |
|
Head / brain injury |
Moderate to severe |
£90,720 – £379,100+ |
|
Leg — amputation (above knee, one leg) |
Severe |
£127,930 – £167,760 |
|
Arm — amputation (above elbow) |
Severe |
£109,650 – £130,930 |
|
Pelvis / hip fracture |
Significant |
£39,170 – £52,500 |
|
Burns — severe (significant areas of body) |
Severe |
£55,700 – £136,430+ |
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.
NJS Law will assess your claim, identify all liable parties, and fight for maximum compensation.
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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.
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.
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.
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.
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