Building Site Accident Claim*

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Understanding the Employer’s Duty of Care

Building sites are inherently dangerous environments, and construction site accidents can lead to serious injuries and legal claims. If you have been injured on a building site, you may be eligible to file a personal injury claim for compensation. This process involves several steps, from documenting the incident to potentially issuing proceedings.

Employers have a legal duty to provide a safe working environment for their employees. This duty is outlined in the Safety, Health and Welfare at Work Act 2005. The employer’s responsibilities include:

• Providing safe systems of work.
• Providing adequate safety training and supervision.
• Ensuring the workplace, including any plant and machinery, is safe.
• Carrying out risk assessments and implementing necessary safety measures.

If an employer breaches these statutory obligations, they can be liable to employees who have suffered injuries.

Common Building Site Accident Claims*

Falls from Height

Falls from height are consistently one of the leading causes of serious injuries and fatalities on Irish construction sites. These incidents often occur due to:

• Missing guard rails or toe boards.
• Poorly erected or unsecured scaffolding.
• Lack of, or unenforced, use of safety harnesses.
• Unmarked or unprotected roof edges.
• Falls from ladders or incomplete flooring. Injuries from falls can be severe, including broken bones, spinal damage, and long-term disability.

Machinery and Falling Objects

Construction sites are abundant with heavy machinery and materials, posing significant risks. Injuries in this category often stem from:

• Poorly maintained machinery or equipment.
• Faulty stop mechanisms or missing safety guards on tools.
• Inadequate training on how to operate tools or heavy vehicles .
• Lack of spotters or warning signage in shared operational zones.
• Being struck by falling tools, bricks, or unsecured materials. These incidents can lead to severe crush injuries, amputations, internal trauma, and serious head, neck, or facial injuries.

Manual Handling Injuries

Often underestimated, manual handling injuries can have lasting effects. Common causes include:

• Absence of lifting aids.
• Pressure on workers to move heavy materials without assistance.
• Insufficient manual handling training.
• Awkward lifting due to poor site layout. Typical injuries include those to the back, shoulders, and neck, which can become chronic if not properly treated.

Slips, Trips, and Falls

These are very common on fast-moving construction sites due to various hazards:

• Tripping over equipment, debris, or extension leads.
• Uneven ground surfaces.
• Poor lighting.
• Cluttered walkways or unmarked hazards. Even a fall from standing height can result in serious injury on hard ground.

Exposure to Hazardous Substances

Construction workers can be exposed to a range of dangerous substances that can lead to long-term health issues:

• Cement dust.
• Asbestos.
• Paint fumes and solvents. Improper management of these substances can cause respiratory problems, skin burns, or other chronic health condition. Other less obvious injuries include asbestosis and vibration white finger (VWF), a debilitating condition caused by continuous use of vibrating hand-held machinery.

Many of these accidents are preventable if proper safety measures and regulations, such as those outlined in the Safety, Health and Welfare at Work Act 2005 and the Construction Regulations 2013 are followed.

Steps to Take After a Building Site Accident

Seek Medical Attention: The first and most crucial step is to seek immediate medical attention for any injuries sustained. This not only ensures the injured person receives necessary care but also creates a medical record that will be essential in proving the claim.

Report the Accident: The accident should be reported to the employer as soon as possible. Most employers will have an accident report form, and the injured party should request a copy. If the injury results in the employee missing more than three consecutive days of work, the employer is legally obligated to report it to the Health and Safety Authority (HSA).

Gather Evidence: Collecting evidence is vital to support the claim. This includes:

• • Taking photographs of the accident scene, the hazard that caused the injury, and the injuries themselves.
  • Obtaining the names and contact details of any witnesses.
  • Keeping records of all medical treatments, including doctor visits, hospital stays, physiotherapy, and medications.
  • Documenting any financial losses, such as lost wages, medical expenses, and travel costs.
  • Retaining any relevant documents, such as payslips, contracts, and correspondence with the employer.

Consult an experienced Workplace Accident  Solicitor at Sherwin O’ Riordan: It is highly recommended to consult a solicitor specializing in personal injury claims. One of our solicitors can assess the merits of the claim, advise on legal rights and options, gather further evidence, handle communication with other parties, prepare and submit the claim, and negotiate a settlement or represent the claimant in court if necessary.

Time Limits for a Building Site Accident Claim*

There is generally a two-year statute of limitations from the date of the accident to make a personal injury claim. If this deadline is missed, the claim becomes “statute-barred.”

Compensation

If the claim is successful, the injured party may be entitled to compensation for various losses and damages, including:

• General Damages: Compensation for pain, suffering, and the impact of the injury on the claimant’s life.
• Special Damages: Compensation for financial losses, such as lost earnings (past and future), medical expenses (past and future), travel expenses, and rehabilitation costs.

If the injured party was partially at fault for the accident, the legal concept of contributory negligence may apply. This means the compensation awarded may be reduced based on the degree of responsibility the injured party bears for the accident.

How do I make a Claim*?

1. Contact a Solicitor and Prepare all the necessary information: The first step is to contact a personal injury solicitor at Sherwin O’ Riordan. They will assess your case and advise you on the best course of action.
2. Gathering Information and Evidence: Your solicitor will help you gather evidence to support your claim. This includes your account of the accident, medical records, witness statements, and any other relevant documentation.
3. Medical Assessment: An independent medical expert will assess your injuries to provide further evidence of the impact on your life.
4. Application to the Injuries Resolution Board (IRB): Your solicitor will prepare an application to the IRB (formerly PIAB). The IRB assesses claims and recommends compensation awards based on the nature and severity of your injuries and their impact on your life.
5. Negotiations and Settlement: Your solicitor will negotiate with the other party (employer, insurer, etc.) to reach a settlement.
6. Issue Legal Proceedings (If Necessary): If a settlement cannot be reached through the IRB, your solicitor will prepare your case for court.

Trusted Building Site Accident Claims Solicitors in Dublin, Wicklow & Nationwide – Ph: 01 663 2000

Contact us today through our online contact form.

At Sherwin O’ Riordan, you are never just a case number. You are a person with a story, and we make sure it is heard.

* In contentious business a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.