Who is Responsible When an Accident Happens on a Construction Site?
A worker falls from scaffolding on a Glasgow building site. Another worker is struck by falling objects, while someone else is injured because machinery was poorly maintained. After an accident, one question often follows quickly: who is responsible?
The blame may not always be on one construction company. There are legal duties on a construction site that can affect different people and organisations. In considering a claim arising from an accident on a construction site, it may be relevant to consider who was in control of the works, the cause of the accident and whether health and safety regulations were being adhered to.
Who is responsible for an accident on a construction site?
Responsibility rests on the circumstances. An employer may be responsible for the safety of an employee. In the case of the construction phase, a principal contractor may have responsibilities regarding management and co-ordination of health and safety.
Other parties may also be involved. The client, contractor, designer or another company working on the site could have responsibilities depending on their role and the cause of the accident.
Does the construction company have responsibility?
A construction company may be liable where its negligence contributed to a construction site injury. For example, unsafe equipment, inadequate training or poor supervision could become relevant when investigating an injury claim.
The company may also have responsibilities under health and safety at work legislation. But an accident does not automatically establish negligence. The evidence must be considered.
What duties does a principal contractor have?
Under the Construction (Design and Management) Regulations 2015, a principal contractor must plan, manage and monitor the construction phase and coordinate health and safety matters during that phase.
This can include arrangements for cooperation between contractors, site inductions and welfare facilities. If failures in site management contributed to an accident, those failures may form part of a personal injury claim.
Could another contractor be responsible?
Yes. Construction sites often involve several businesses working alongside each other. A subcontractor may be responsible for its own workers, equipment or particular construction work.
For example, if poor manual handling arrangements by one contractor cause an accident involving another worker, the facts may need detailed investigation. A solicitor will consider who controlled the relevant work and what caused the injury.
What about a fall from height?
A fall from height can lead to serious injury. Construction sites must have suitable arrangements to prevent people falling where reasonably practicable.
The circumstances matter. Evidence about scaffolding, edge protection, access, supervision and working methods may help establish the cause of the accident. HSE enforcement records show that failures involving protection from falls have resulted in enforcement action at Scottish construction sites.
Can you claim compensation after an accident?
Being injured on a construction site doesn’t automatically mean that you can make a successful accident claim. A solicitor will normally need to establish the circumstances and consider whether another party was legally responsible.
Where negligence or another legal basis for liability can be established, a personal injury claim may seek compensation for the injury and associated losses. Medical records, accident reports, photographs and witness evidence can all matter.
What evidence should you gather?
After an accident, report what happened and keep relevant documents. An accident book entry, photographs of the site, details of witnesses and medical records may all become useful during the claims process.
The cause of the accident can sometimes become disputed later, particularly where the construction work changes or equipment is removed. Gathering as much evidence as possible while information is available can therefore help a solicitor assess the case.
Does health and safety law affect a claim?
The Construction (Design and Management) Regulations 2015 set legal requirements for managing health and safety throughout construction projects. Different dutyholders have different responsibilities.
The Health and Safety Executive can also investigate serious safety failures. Its enforcement records include Scottish construction sites where failures concerning risk assessment, site organisation and protection against falls have been identified.
How long do construction site accident claims take?
There isn’t one fixed timescale. A claim may depend on the seriousness of the injury, medical evidence, the number of parties involved and whether responsibility is disputed.
Personal injury actions in Scotland are generally subject to a three-year limitation period, although the precise operation of the law depends on the circumstances. The Prescription and Limitation (Scotland) Act 1973 contains specific provisions for personal injury actions.
When should you speak to a solicitor?
After a construction site injury, a solicitor can review the circumstances, identify the parties who may be responsible and explain what evidence may be needed. A solicitor can also consider whether you may be able to claim compensation and whether any time limit applies.
SGT Law Firm provides personal injury advice across Scotland. Its Personal Injury Lawyers Glasgow service provides information for people considering a personal injury claim.
