Quick answer
A construction injury claim may involve an employer, principal contractor, subcontractor, equipment supplier, occupier or another dutyholder. Identify who controlled the work and preserve site evidence before conditions, records and personnel change.
What this guide adds
This guide maps the construction dutyholder and evidence problem, including work at height, contractor status, method statements and RIDDOR—rather than repeating general workplace-claim content.
Control matters more than the badge on a hard hat
Employment status is relevant but not always decisive. Ask who planned the task, controlled the site, supplied equipment, supervised the work and could correct the hazard. More than one party can be legally responsible.
High-risk patterns
- Falls from height or through fragile surfaces
- Struck-by and lifting incidents
- Plant–pedestrian collisions
- Defective, unguarded or unsuitable equipment
- Excavation, collapse, electricity and hazardous substances
Secure the site record
Preserve photographs, induction and training records, risk assessments, method statements, permits, inspection logs, toolbox talks, equipment data and witness details. Record the actual system used—not merely the paperwork created for it.
RIDDOR is useful, not conclusive
Certain incidents must be reported by the responsible person under RIDDOR. A report can identify timing and the dutyholder’s initial account, but reporting or non-reporting does not itself prove the civil claim.
Loss and rehabilitation
Construction injuries can affect physical capacity and future employability even after a return to work. Evidence should address pain, treatment, overtime, self-employed accounts, retraining, care and any long-term restriction.
Authoritative sources
These primary sources support and contextualise this guide. They are not a substitute for advice on the facts of an individual case.
- HSE: construction work at height — Official guidance on assessing, planning and controlling work at height.
- HSE: RIDDOR — Official incident-reporting guidance.
- Prescription and Limitation (Scotland) Act 1973 — The statutory framework for limitation in Scottish personal injury actions.
Next useful steps
Read the Accident at work claims, build an evidence checklist, and check the Scottish time-limit guide.
General information only. The applicable law, forum and deadline depend on the facts. Medical symptoms should be assessed by an appropriate healthcare professional.