Construction Worker Safety Rights: What You Can Claim For

Quick Summary

• Construction remains one of the highest-risk UK industries for workplace injury, with falls from height, being struck by objects, and machinery accidents among the most common causes
• Construction sites are governed by specific regulations, including the Construction (Design and Management) Regulations 2015 (CDM 2015), alongside general duties under health and safety law
• Liability can involve more than one party — your direct employer, the principal contractor, or another contractor on site — depending on who controlled the conditions that caused your accident
• Agency workers, subcontractors, and the self-employed are often owed the same fundamental duty of care as directly employed staff, and can usually still claim

Why is construction such a high-risk industry for workplace accidents?

Construction sites involve a combination of risks rarely found together elsewhere — work at height, heavy machinery, moving vehicles, excavations, electrical hazards, and constantly changing site conditions as work progresses. This combination is a major reason construction consistently records some of the highest rates of workplace injury and fatality of any UK industry sector.

What kinds of accidents are most common on construction sites?

• Falls from height — from scaffolding, ladders, roofs, or through fragile surfaces, often linked to inadequate edge protection or unsafe access equipment
• Being struck by falling objects or materials — tools, materials, or debris falling from height on a live site
• Machinery and plant accidents — involving excavators, cranes, forklifts, or other heavy equipment
• Slips, trips, and falls on uneven or cluttered site surfaces
• Manual handling injuries from moving heavy materials or equipment
• Electrical accidents, including contact with live cables or faulty equipment
• Collapse or structural failure, including excavation or trench collapse

What regulations apply specifically to construction sites?

The Construction (Design and Management) Regulations 2015 (CDM 2015) set out specific duties for everyone involved in a construction project — clients, principal designers, principal contractors, and contractors — around planning, managing, and coordinating health and safety throughout a project's life. This sits alongside the general duties under the Health and Safety at Work Act 1974 and more specific regulations covering work equipment, manual handling, and PPE that apply across all workplaces, construction included.

Who is actually responsible for my accident on a construction site?

This is often more complex on a construction site than in a typical single-employer workplace, because several parties are usually involved:

• Your direct employer — who owes you the fundamental duty of care regardless of who else is on site
• The principal contractor — responsible for coordinating health and safety across the whole site under CDM 2015
• Other contractors or subcontractors — who may have created or failed to address a hazard that caused your accident, even if they weren't your employer

Your solicitor's job includes identifying which party or parties actually controlled the conditions that led to your accident, which isn't always the same as who signs your pay.

I'm an agency worker or subcontractor — can I still claim?

In most cases, yes. Agency workers, subcontractors, and genuinely self-employed workers on a construction site are generally still owed a duty of care by whoever controls the site conditions and work they're carrying out, even if there's no direct employment relationship. See our guides on agency worker accident claims and self-employed accident at work claims for more detail on how this works.

What's the step-by-step process for making a claim?

See our dedicated guide on making a construction site accident claim for a full walkthrough of the claims process, from reporting your accident through to settlement.

What if I wasn't given the right PPE or training for a construction task?

This is a common and significant issue on construction sites, given the range of hazards involved — see our guide on employer PPE duties for what employers are specifically required to provide and ensure is properly used.

What evidence is particularly useful for a construction site claim?

• Photographs of the site conditions, equipment, or hazard involved, taken as soon as possible after your accident
• Details of which company or contractor controlled the specific area or task where your accident happened
• The site's health and safety file or risk assessments, where these can be obtained
• Witness details from other workers on site at the time
• RIDDOR reporting records, since serious construction accidents are often reportable

Frequently asked questions

Can I claim if my accident happened on a site where several different companies were working?

Yes — your solicitor will investigate which party or parties were actually responsible for the conditions that caused your accident, and a claim can potentially be brought against more than one party if appropriate.

What if my employer says a bigger company controlled the site, not them?

This doesn't automatically end your claim — it usually just means your solicitor needs to establish which party held the relevant responsibility for the hazard involved, which can include the principal contractor rather than your direct employer.

Does it matter that construction work is inherently risky?

No — the inherent risks of construction work are exactly why the regulations governing it are so specific. An accident isn't simply an accepted cost of doing risky work; it's still compensable where it resulted from someone failing to meet their legal duties.

Injured while working on a construction site?

A specialist solicitor can identify who was responsible for your accident, even where multiple contractors were involved.

Free case assessment

Or call 01228 272395 to speak to Edward & Amaury Solicitors (SRA number: 800525). No upfront cost and nothing to pay if your claim does not succeed.