Avoiding Pain And Avoiding Payouts – Or Fairly Collecting

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• Avoiding Pain And Avoiding Payouts – Or Fairly Collecting

Workers in the construction industry face daily safety risks, writes John Kushnick, as he considers the routes to avoid accidents – or gain compensation when they happen.

Kushnick is the legal operations director of National Accident Helpline.

Those in construction run risks such as falls from heights, collisions with moving vehicles, and impacts from moving objects, According to the Health & Safety Executive, these dangers account for nearly 70% of fatal injuries in the sector. In 2023/24 alone, the construction industry tragically recorded 51 fatalities – close to 40% of all workplace deaths.

It is clear that working in construction presents significant risks. While not all incidents lead to death, construction workers may experience work-related injuries or long-term health issues.

The same data from the HSE shows that 69,000 workers in the sector reported work-related ill health, while 53,000 suffered non-fatal injuries in 2023. These numbers underscore the urgent need to foster a robust culture of health and safety across the sector – one that prioritises prevention and empowers workers. 

 

Fair compensation

However, it is important to keep in mind that even with strong safety measures in place, accidents can and do happen. When they do, fair compensation plays a vital role in supporting workers. Compensation ensures individuals and their families are cared for following physical, emotional or financial losses. Yet, stigma and fear often prevent workers from pursuing their rightful claims. Many worry about job security or backlash, a particularly concerning issue in today’s challenging economic climate.

 

Minimising risks and empowering workers

Employers have a duty to promote a culture of health and safety and follow the correct procedures to protect their employees from workplace injuries. The Work at Height regulations are a crucial piece of legislation aimed at protecting workers who perform tasks at heights. These regulations apply whenever workers operate on ladders, flat roofs, fragile surfaces or in areas where there are openings, such as holes in the ground or gaps in floors.

 

Beyond regulations, there are practical steps that employers can take to help avoid similar incidents in the future:

• Setting up strong health and safety policies. It is essential that health and safety policies are specific to the construction industry and its unique risks. Regular updates are important to keep up with changing risks and new industry standards.

• Providing proper training and supervision. Workers need to understand safety procedures, be able to spot hazards and know how to effectively use protective equipment. Supervision during on-the-job training is also critical for reinforcing safe practices.

• Conducting thorough risk assessments. Regular risk assessments are key to identifying hazards. Involving employees in this process helps build a collective commitment to safety.

• Keeping communication open. It is vital for employers to encourage employees to report safety concerns. An open reporting culture is a cornerstone of accident prevention.

• Learning from mistakes. Investigating near misses and accidents, implementing corrective actions and sharing lessons across the organisation are essential steps in continuously refining safety practices.

 

Raising awareness on workers’ right to compensation

Even with rigorous safety measures in place, accidents can happen. When a worker is injured or fatally harmed due to employer negligence, they or their family have a right to compensation. However, a recent survey by the National Accident Helpline found that 68% of Brits who suffered an accident that wasn’t their fault did not pursue a claim. Economic concerns make some workers hesitant to take legal action, with 43% citing fear over potential repercussions in their careers or relationships with employers.

Employees should understand that it’s illegal for employers to fire them for making a personal injury claim. Seeking compensation is their right and offers essential support to cover physical, emotional and financial losses, providing crucial relief to both injured workers and their families after workplace accidents.

 

All you need to know to claim compensation for a work-related accident

• To claim compensation for an injury suffered through a workplace accident, employees should:

• Report the incident and seek medical attention. It is essential to create a written record of the incident and keep track of any treatment, care and expenses related to the accident.

• Gather evidence. Employees must collect relevant evidence, such as photos and witnesses’ details to support the claim. Your lawyer will then take statements and put together the evidence to support your claim. 

•  Seek legal advice. Consulting a personal injury lawyer specialising in workplace accidents can make the process easier. Many lawyers offer free initial assessments and work on a no-win, no-fee basis, handling paperwork and negotiating fair compensation.

• Understanding their rights and knowing how to navigate the claims process empowers workers, helping them to seek fair compensation without fearing for their job security.

 

Final remarks

Ensuring workers’ safety in the construction industry goes beyond complying with regulations and implementing preventative measures – it calls for a shared commitment to embedding health and safety as fundamental values within the workplace.

Creating a strong health and safety culture is a responsibility shared by both employers and employees. When prioritised, it not only protects lives but also boosts morale and enhances productivity. By championing effective health and safety measures and addressing concerns around workers’ rights to compensation, the construction industry can build a safer, more inclusive future, one step at a time.

 

Picture: John Kushnick is the legal operations director of National Accident Helpline.

www.national-accident-helpline.co.uk

Article written by Cathryn Ellis
24th February 2025

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