A worker falls from scaffolding on a Glasgow building site. Another is struck by a falling object, and someone else is hurt by poorly maintained machinery. After an accident like this, the first question is often: who is responsible?
The short answer is that it depends on who was in control of the work and what caused the accident. Your employer, the principal contractor, another contractor or subcontractor, the designer or the client could all carry legal duties, and more than one of them may share responsibility.
Key points
- Responsibility on a construction site can rest with your employer, the principal contractor, another contractor or other dutyholders.
- The Construction (Design and Management) Regulations 2015 set out who must manage health and safety on a project.
- An accident does not automatically prove negligence, so evidence about how it happened is vital.
- Compensation is normally paid by an insurer, not out of a company's own pocket.
- You normally have 3 years from the date of the injury to raise a court action.
Who can be responsible for a construction site accident?
Responsibility depends on the circumstances. Your employer owes you a duty to take reasonable care for your safety. During the construction phase, a principal contractor also has duties to manage and co-ordinate health and safety.
Other parties may be involved too. The client, a contractor, a designer or another company working on site could be responsible, depending on their role and the cause of the accident.
| Party | When they may be responsible |
|---|---|
| Your employer | Unsafe equipment, inadequate training, poor supervision or unsafe working methods for its own workers |
| Principal contractor | Failures in planning, managing, monitoring or co-ordinating health and safety during the construction phase |
| Another contractor or subcontractor | Unsafe work, equipment or practices within its own part of the job that injure someone else |
| Client or designer | Failures in their own duties under the construction regulations, depending on the facts |
When is the construction company liable?
A construction company may be liable where its negligence, such as unsafe equipment, inadequate training or poor supervision, contributed to the injury. However, an accident does not automatically prove negligence, so the evidence must be looked at carefully.
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 co-ordinate health and safety during it.
This can include arranging co-operation between contractors, site inductions and welfare facilities. If failures in site management contributed to your accident, those failures may form part of your claim.
Could another contractor be responsible?
Yes. Construction sites often have several businesses working side by side, and a subcontractor may be responsible for its own workers, equipment or part of the work.
If one contractor's poor manual handling arrangements injure another firm's worker, we will look at who controlled the work and what caused the injury.
What if a member of the public is injured?
Those in control of a site also owe a duty to visitors. Under the Occupiers' Liability (Scotland) Act 1960, occupiers must take reasonable care for the safety of people coming onto their premises. If you were hurt passing a site or by debris from it, our guide on who is liable for injuries in a public place may help.
Who is responsible for a fall from height?
Falls from height can cause serious injury. Construction sites must have suitable arrangements to prevent people falling, so far as is reasonably practicable.
Evidence about scaffolding, edge protection, access, supervision and working methods can help show what caused the fall. The Health and Safety Executive can investigate serious safety failures and take enforcement action where it finds them.
Can you claim compensation after a construction site accident?
Being injured on a construction site does not automatically mean a claim will succeed. We first need to establish what happened and whether another party was legally responsible.
Where negligence or another legal basis for liability can be shown, you can claim compensation for the injury and your financial losses, which for workers is normally paid by the employer's liability insurer. If you think you may have been partly to blame, that does not stop a claim, as our guide on claiming when an accident was partly your own fault explains.
What evidence should you gather?
- Record the accident Make sure it is entered in the site accident book.
- Take photographs Photograph the area, equipment or scaffolding involved, and your injuries.
- Note witnesses Get the names and contact details of anyone who saw what happened.
- Keep medical records Hold on to hospital letters, GP notes and details of treatment.
Sites change quickly and equipment is often removed, so gather evidence while it is still available. Our guide to what to do immediately after an accident at work covers the first steps in more detail.
How long do construction site claims take?
There is no fixed timescale. It depends on how serious the injury is, the medical evidence, how many parties are involved and whether responsibility is disputed. Our guide on how long a personal injury claim takes in Scotland explains the stages.
The time limit for starting a claim is separate. Under the Prescription and Limitation (Scotland) Act 1973, a personal injury action must normally be raised within 3 years of the date of the injury, or of the date you became aware of the relevant facts, if later.
When should you speak to a solicitor?
As soon as you can. A solicitor can review what happened, identify who may be responsible, explain what evidence is needed and make sure the time limit is not missed.
Stewart Gordon Thomson Law Firm provides personal injury advice across Scotland. You can find out more about our accident at work solicitors and our wider personal injury lawyers in Glasgow.
Injured on a building site? Speak to a solicitor about who is responsible. Your first hour is free and claims are No Win, No Fee.
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