Best Construction Accident Lawyers in Aberdeen

About Construction Accident Law in Aberdeen, United Kingdom

Construction work in Aberdeen involves heavy machinery, working at height, electrical systems, lifting operations, and fast-paced sites. When something goes wrong, injuries can be serious. Scottish law allows injured workers, contractors, and site visitors to seek compensation if the accident was caused by someone else’s breach of duty. This field draws on health and safety legislation that applies across Great Britain and on Scottish civil law principles known as delict. Claims often focus on failures in planning, training, supervision, equipment, or site safety arrangements. Investigations may involve the Health and Safety Executive. If you are injured on a site in Aberdeen or elsewhere in Scotland, you may be able to bring a civil claim for damages and report the incident to the regulator.

Why You May Need a Lawyer

A specialist solicitor can help you work out who is legally responsible, gather the right evidence, and deal with insurers. Construction projects have multiple duty holders such as the client, principal contractor, contractors, and designers. Liability can be disputed and shared between parties. A lawyer can identify all potential defenders and their insurers and protect you from tactics that reduce the value of your claim.

Common situations that benefit from legal help include falls from height, scaffold or ladder accidents, faulty or poorly maintained equipment, lifting and crane incidents, struck-by or vehicle collisions, electrical injuries, trench or excavation collapses, exposure to hazardous substances, manual handling injuries, and injuries caused by inadequate site security or housekeeping. A solicitor will also advise on time limits, make sure your rehabilitation needs are addressed, and negotiate settlement or raise court proceedings if needed.

Local Laws Overview

Health and safety duties on construction sites come primarily from Great Britain wide legislation, which applies in Aberdeen and across Scotland. Key sources include the Health and Safety at Work etc. Act 1974, the Construction Design and Management Regulations 2015, the Work at Height Regulations 2005, the Provision and Use of Work Equipment Regulations 1998, the Lifting Operations and Lifting Equipment Regulations 1998, the Manual Handling Operations Regulations 1992, the Control of Substances Hazardous to Health Regulations 2002, and the Electricity at Work Regulations 1989. These set duties for clients, principal designers, principal contractors, and employers to plan, manage, and monitor work, provide training and PPE, maintain safe equipment, and coordinate site safety.

Accidents that cause death, specified injuries, or certain dangerous occurrences must be reported by the employer or duty holder to the Health and Safety Executive under the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013. HSE regulates most construction activity in Scotland and can investigate, issue notices, or prosecute.

Civil claims for compensation in Scotland are delict claims. You must prove breach of duty and that the breach caused your injury. Employers are vicariously liable for employees and must carry employers’ liability insurance. You can also claim under the Occupiers’ Liability Scotland Act 1960 if a site was unsafe for visitors. If defective work equipment contributed, the Employers’ Liability Defective Equipment Act 1969 may assist. If you were partly at fault, damages can be reduced for contributory negligence under the Law Reform Contributory Negligence Act 1945.

Time limits are strict. In most personal injury cases in Scotland, you have three years from the date of the accident or from the date you became aware you were harmed by negligence under the Prescription and Limitation Scotland Act 1973. For children, time usually runs from their 16th birthday. Fatal claims for relatives are usually three years from the date of death or date of knowledge. Courts can allow late claims in limited circumstances, but you should seek advice as early as possible.

Compensation in Scotland covers solatium for pain and suffering, past and future wage loss, treatment and rehabilitation costs, and services claims under the Administration of Justice Act 1982 where relatives provided care or you can no longer provide services to them. Benefits paid because of the injury may be repayable from damages under social security rules.

Funding and costs have Scottish features. Many solicitors offer no win no fee success fee agreements under the Civil Litigation Expenses and Group Proceedings Scotland Act 2018 and the 2020 Success Fee Agreements Regulations. Statutory caps apply to success fees and future losses are protected from deduction. Qualified one-way costs shifting generally protects injured people from paying the defender’s legal costs if the claim is unsuccessful, unless you act unreasonably or are found to have been fraudulent or abusive of process.

Where to raise proceedings depends on value and complexity. Cases can be brought in Aberdeen Sheriff Court, the All-Scotland Sheriff Personal Injury Court in Edinburgh, or the Court of Session for higher value or complex cases. Before litigation, most claims follow the Scottish Pre-Action Protocol for Personal Injury to encourage early exchange of information, rehabilitation, and settlement.

Employment protections apply if you raise safety concerns or refuse unsafe work. You have rights under the Employment Rights Act 1996 to not suffer detriment and not be unfairly dismissed for health and safety reasons, and whistleblowing protections under the Public Interest Disclosure Act 1998.

Frequently Asked Questions

What should I do immediately after a construction accident in Aberdeen

Report the incident to your supervisor and ensure it is recorded in the accident book. Get medical treatment. If safe, take photos of the scene, your injuries, and any equipment involved. Get names and contact details of witnesses. Keep copies of training records or induction cards, and preserve any PPE or tools involved. Ask your employer to report the incident to HSE if it is RIDDOR reportable. Speak to a solicitor before giving a detailed statement to an insurer.

Do I have a claim if I am an agency worker or self-employed subcontractor

Yes. You do not need to be a permanent employee to claim. Liability may rest with the employing agency, the contractor you were working under, the principal contractor, or the site occupier. Under CDM 2015, multiple duty holders must plan and manage safety. A solicitor can identify the correct defender or defenders and their insurers.

What if I was partly to blame

You can still claim. In Scotland, damages can be reduced for contributory negligence where you were partly at fault, for example by not wearing provided PPE. Insurers sometimes allege a high level of contributory negligence without evidence. A lawyer can challenge that and gather proof of systemic failings.

How long do I have to start my claim

Usually three years from the date of the accident or the date you knew your injury was caused by someone’s breach of duty. For children, time typically starts at 16. For fatal cases, relatives usually have three years from death or date of knowledge. Get advice early so evidence is preserved and rehabilitation can begin.

How much compensation could I receive

It depends on the injury, recovery time, impact on work, and care needs. You can claim solatium for pain and suffering, past and future earnings loss, pension loss, treatment and travel expenses, and services claims for care given to you by relatives or the services you can no longer provide. A solicitor will use medical evidence and case law valuations to assess your claim.

Will I have to go to court

Most claims settle without a full court hearing, especially if liability is accepted and injuries are well documented. If the defender denies liability or the value is disputed, your solicitor may raise proceedings in the Sheriff Court, the All-Scotland Sheriff Personal Injury Court, or the Court of Session. Even after raising proceedings, many cases settle before proof.

What are my options for paying legal fees

In Scotland many solicitors offer no win no fee arrangements with success fee caps set by law. Success fees can only be taken from certain parts of damages and not from future loss. Legal aid is uncommon for personal injury but can be available in limited cases. Trade unions often fund member claims. Your solicitor will explain costs, after the event insurance if needed, and the protection offered by qualified one-way costs shifting.

What evidence will help my case

Accident book entry, RIDDOR report, photographs, witness statements, CCTV, site induction and training records, risk assessments and method statements, toolbox talk records, permits to work, maintenance and inspection logs, PPE issue records, medical records, pay and tax records for wage loss, and any HSE correspondence. Early legal instruction helps secure this evidence before it is lost.

Can I claim if my employer has gone out of business

Yes. Employers must have employers’ liability insurance. Claims are usually made against the insurer. If the relevant insurer cannot be traced, there are tracing services and in limited scenarios statutory schemes may assist. Your solicitor will investigate insurance and corporate history.

Will making a claim affect my job or immigration status

You have a legal right to claim compensation and to raise health and safety concerns. It is unlawful to dismiss or subject you to detriment for asserting health and safety rights. Immigration status does not prevent you from bringing a civil claim. If you have specific concerns about your employment position, ask your solicitor for tailored advice.

Additional Resources

Health and Safety Executive Scotland - regulator for construction health and safety.

Aberdeen City Council Environmental Health - local authority for certain safety matters away from construction sites.

All-Scotland Sheriff Personal Injury Court - specialist Scottish court for personal injury actions.

Aberdeen Sheriff Court - local court for civil claims.

Citizens Advice Scotland - free general advice on rights and benefits.

Unite the Union, GMB, and other trade unions - support and legal services for members in the construction sector.

Construction Industry Training Board CITB - guidance on training and competence.

NHS Scotland - medical care and records essential for evidencing injury.

Next Steps

Seek medical attention and follow your treatment plan. Make sure the accident is recorded and, if applicable, reported to HSE under RIDDOR. Gather evidence such as photos, witness details, and documents. Keep a diary of symptoms, time off work, and expenses.

Contact a Scottish personal injury solicitor with construction accident experience. Ask about no win no fee terms, success fee caps, and whether they will pursue early rehabilitation using the Rehabilitation Code. Provide them with any correspondence from your employer, contractors, or insurers.

Your solicitor will notify the defender and their insurer, request disclosure of safety documents, and obtain medical evidence. Many cases settle after pre-action investigations. If settlement is not fair, your solicitor may raise proceedings in Aberdeen Sheriff Court, the All-Scotland Sheriff Personal Injury Court, or the Court of Session. Throughout the process, observe the three-year time limit and do not delay seeking advice.