What is a Construction Site Claim?
Construction claims cover injuries sustained on building, civil engineering, and demolition sites. The Safety Health and Welfare at Work (Construction) Regulations 2013 impose detailed duties on the Project Supervisor Construction Stage (PSCS), principal contractors, and employers. Common site injuries include falls from height, scaffolding collapses, crush injuries from machinery, and injuries from falling materials.
Am I Entitled to Claim?
You can claim if a principal contractor, employer, or site occupier breached their duty. Typical breaches include no or inadequate edge protection, missing Safe Pass or skilled training, failure to issue correct PPE, unsafe scaffolding, poorly maintained machinery, and inadequate site planning. Agency workers and self-employed contractors are protected under the same regime as employees.
Step-by-Step Process
Report Immediately
Report to your supervisor and ensure entry into the site accident book.
Get Medical Care
Serious construction injuries require A&E. Do not self-treat or delay.
HSA Notification
Serious injuries and fatalities must be reported to the Health and Safety Authority.
Preserve Evidence
Photos of the scene. Do not let the scene be modified before evidence is secured.
Contact Keans
We obtain the site safety file, risk assessments, and HSA investigation records.
Claim Process
Through IRB first. Contested cases proceed to the Circuit or High Court.
Evidence That Strengthens Your Claim
The stronger the evidence, the more straightforward the claim. Where possible, gather the following:
- Your employer’s accident report book entry
- Names of colleagues who witnessed the accident
- Photos of the unsafe equipment, surface, or condition
- Copies of relevant risk assessments and safe systems of work
- Your training records and any inductions received
- Medical records and certificates from GP, A&E, or consultants
- Payslips showing lost earnings during your recovery
- Your Safe Pass card and CSCS equivalent if used
- The Construction Stage Health & Safety Plan
- HSA investigation report where an inspector attended
Compensation Ranges
Based on the Judicial Council’s Personal Injury Guidelines 2021. Awards may also include special damages for lost earnings, medical costs, and future care needs. Exact value depends on your specific injury.
Frequently Asked Questions
Both potentially. The principal contractor has overarching site safety duties under the Construction Regulations, while your direct employer has employer liability duties. We identify all parties with a duty and submit the claim against each.
No, not usually. The employer’s duty to provide safe systems of work applies regardless of tool ownership in most situations. We assess the facts carefully, particularly if you are self-employed.
Safe Pass is mandatory for all construction site workers in Ireland. If you did not have it, that is the employer’s fault for failing to ensure you did, not yours. It does not defeat your claim.
No. HSA investigations can take 12 to 24 months. The two-year limitation for your civil claim is running. Start your civil claim in parallel with the HSA investigation. The HSA report can be used as evidence later.
Two years from the date of the accident or the date you first became aware of the injury. Miss it and your claim is statute barred, so contact a solicitor early.
No. The initial consultation at Keans is free. For personal injury cases we discuss all fees in writing before work begins. In contentious business, Irish law prevents solicitors from calculating fees as a percentage of your award or settlement.