Best Construction Accident Lawyers in Aberdeen

About Construction Accident Law in Aberdeen, United Kingdom

Construction accident law in Aberdeen sits within the wider framework of Scottish personal injury law, known as delict. If you are injured while working on or visiting a construction site in Aberdeen, your claim will usually be brought in Scotland and governed by Scottish legislation and court rules. Claims often involve employer liability, occupier liability, or the negligence of contractors and subcontractors. Health and safety rules for construction are largely set at a Great Britain level and enforced by the Health and Safety Executive. When injuries occur, you may be entitled to compensation for pain and suffering, wage loss, medical expenses, rehabilitation, and other financial losses. Families in fatal cases may also have claims for loss of support and statutory relatives awards under Scottish law.

Aberdeen has an active construction sector, including residential, commercial, infrastructure, and energy-related projects. Work can involve complex sites, heavy plant and machinery, working at height, lifting operations, temporary works, and hazardous environments. The legal framework is designed to prevent harm through strict duties on clients, designers, and contractors. When incidents happen, the law provides routes to investigate what went wrong and to obtain fair compensation.

Why You May Need a Lawyer

After a construction accident, liability can be complex. Multiple dutyholders may share responsibility, including your direct employer, the principal contractor, subcontractors, designers, or the site occupier. Insurers and loss adjusters often get involved early and may dispute fault, argue contributory negligence, or question medical causation. A specialist solicitor can investigate the facts, secure evidence, identify the correct defenders, and protect your position on time limits and procedure.

You may need legal help if you suffered a fall from height, were struck by a moving or falling object, were injured by machinery, vehicles, or electrics, were harmed by defective work equipment, sustained manual handling injuries, or were exposed to hazardous substances. Legal representation is also important if the accident was serious or fatal, if the HSE is investigating, if your employer denies responsibility, if you are self-employed or on a subcontract, or if you are concerned about employment repercussions after reporting safety issues.

A lawyer can arrange independent medical evidence, calculate losses, advise on Scottish rules such as services claims and the discount rate, negotiate with insurers, and raise court proceedings in the All-Scotland Sheriff Personal Injury Court or the Court of Session if needed. Funding options in Scotland include success fee agreements under the Civil Litigation Act, and qualified one-way costs shifting can limit adverse costs risk for pursuers in many cases.

Local Laws Overview

Health and safety duties: The Health and Safety at Work etc. Act 1974 sets the core duty on employers to ensure, so far as reasonably practicable, the health and safety of employees and others. The Construction Design and Management Regulations 2015 set specific duties for construction projects, allocating responsibilities to the client, principal designer, designers, principal contractor, and contractors for planning, risk control, inductions, and site management. Other key regulations include the Work at Height Regulations 2005, Provision and Use of Work Equipment Regulations 1998, Lifting Operations and Lifting Equipment Regulations 1998, Personal Protective Equipment at Work Regulations, the Management of Health and Safety at Work Regulations 1999, the Control of Substances Hazardous to Health Regulations, and the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013. Most construction sites in Aberdeen are regulated by the HSE.

Liability and duty of care: Employers owe common law and statutory duties to provide safe systems of work, competent staff, adequate training, suitable equipment, risk assessments, and PPE. Site occupiers can be liable under the Occupiers Liability (Scotland) Act 1960. Main contractors often control site safety and can be responsible for coordination and monitoring under CDM. Employers are usually vicariously liable for the negligence of their employees. The Employer's Liability (Compulsory Insurance) Act 1969 requires employers to carry insurance for injury claims.

Contributory negligence and causation: Where an injured person is partly at fault, damages can be reduced under the Law Reform (Contributory Negligence) Act 1945, which applies in Scotland. Causation must be proved on the balance of probabilities, usually supported by medical evidence and accident investigation material.

Time limits: In Scotland, most personal injury claims must be raised in court within 3 years of the accident or 3 years from date of knowledge of the injury and its cause, under the Prescription and Limitation (Scotland) Act 1973. For children, time usually runs from the 16th birthday. Time can be paused for those lacking capacity. Fatal claims generally have a 3 year limit from the date of death or date of knowledge.

Compensation in Scotland: Damages include solatium for pain and suffering, past and future wage loss, treatment and rehabilitation costs, equipment and care, and other expenses. There are additional services claims under the Administration of Justice (Scotland) Act 1982 for help provided by relatives or help the injured person can no longer provide. In fatal cases, relatives can claim under the Damages (Scotland) Act. The discount rate used to value future losses is set under Scottish legislation and may differ from the rate used in England and Wales.

Procedure and courts: Many cases settle through negotiation and the Scottish pre-action protocol process, which encourages early information exchange and rehabilitation. If court action is required, most claims can proceed in the All-Scotland Sheriff Personal Injury Court in Edinburgh, with higher value or complex cases potentially raised in the Court of Session. Qualified one-way costs shifting operates in Scotland for personal injury, giving pursuers some protection from paying the defender's costs except in defined circumstances, such as fraud or abuse of process.

Incident reporting and investigations: Employers must keep accident books and report certain incidents to the HSE under RIDDOR. Serious or fatal incidents may involve Police Scotland and the HSE. In some fatal workplace cases, the Crown Office and Procurator Fiscal Service may consider a Fatal Accident Inquiry.

Frequently Asked Questions

What should I do immediately after a construction accident in Aberdeen?

Seek medical attention, report the incident to your supervisor or site manager, ensure it is recorded in the accident book, and if appropriate insist on a RIDDOR report to the HSE. Take photos and video if safe to do so, get details of witnesses, keep any defective equipment, and preserve PPE and clothing. Keep a diary of symptoms and expenses. Speak to a Scottish personal injury solicitor as soon as possible.

Who could be responsible for my injury?

Potentially your employer, the principal contractor, a subcontractor, the site occupier, or a designer depending on the circumstances. Liability often turns on who controlled the work and whether legal duties under CDM 2015 and other regulations were met. Your solicitor will identify all potential defenders and their insurers.

Can I claim if I am self-employed or a subcontractor?

Yes. Health and safety duties apply to protect all workers on site, not only employees. Principal contractors and other dutyholders must manage risks for everyone. You can bring a claim against those who breached their duties and caused your injury.

What is the time limit for bringing a claim in Scotland?

Generally 3 years from the accident date or date of knowledge. For children, the clock usually runs from age 16. For fatal cases, it is generally 3 years from the date of death or knowledge. Seek advice early so evidence can be secured and deadlines protected.

What if I was partly to blame?

You can still claim. Damages may be reduced to reflect your share of responsibility under contributory negligence principles. Arguments about blame often arise in cases involving PPE, guarding, or procedural breaches. A solicitor can challenge unfair allegations and focus on systemic safety failures.

Will I have to go to court?

Many cases settle without a hearing, especially where liability is admitted. If liability or the value of the claim is disputed, court proceedings may be necessary. Your solicitor will advise on the best forum and manage the process. Qualified one-way costs shifting in Scotland can reduce costs risk for pursuers.

How is compensation calculated in Scotland?

Compensation includes solatium for pain and suffering, past and future wage loss, medical and rehabilitation costs, travel and care, aids and equipment, and services claims for assistance provided by relatives. Future losses are valued using Scottish discount rate rules. Independent medical experts are usually instructed to assess injuries and prognosis.

What evidence will help my case?

Accident book entries, RIDDOR reports, HSE or internal investigation documents, RAMS and risk assessments, training records, permits to work, method statements, toolbox talk records, maintenance and inspection logs, PPE records, CCTV or site photos, witness statements, medical records, and wage and expense proofs. Preserve anything you have and ask your solicitor to obtain the rest.

Can I claim if my employer has ceased trading or changed name?

Often yes. Employers must have liability insurance, and claims can proceed against their insurer. Company reorganisations or insolvency do not always prevent a claim. Your solicitor can trace insurers and handle procedural steps.

Could I be dismissed for making a claim or raising safety concerns?

It is unlawful to dismiss or subject you to detriment for health and safety reasons or for pursuing legal rights. If you experience retaliation, seek advice on employment protections. Keep a record of any unfair treatment and communications.

Additional Resources

Health and Safety Executive Scotland - The national regulator for construction site safety and the body to which most reportable incidents are notified. Publishes guidance on CDM 2015, work at height, lifting operations, and accident reporting requirements.

Police Scotland - May attend serious and fatal incidents and coordinate with the HSE. Can take witness statements and preserve evidence where appropriate.

Crown Office and Procurator Fiscal Service - Investigates deaths in the public interest. May instruct a Fatal Accident Inquiry into workplace fatalities in Scotland.

Scottish Courts and Tribunals Service - Administers the All-Scotland Sheriff Personal Injury Court and the Court of Session, where many construction accident claims are raised.

Law Society of Scotland - Regulates Scottish solicitors and provides information on finding a personal injury specialist.

Citizens Advice Scotland - Offers free, confidential guidance on rights after an accident, sick pay, benefits, and dealing with insurers.

Scottish Hazards - Provides health and safety support for workers and union representatives, including advice on reporting and preventing workplace harm.

Unite the Union Construction Sector - Offers advice and representation to members following site accidents, including support with safety issues and claims.

Aberdeen City Council - The local authority for Aberdeen. While HSE regulates construction site safety, the council can provide information on local services, planning, and community support following incidents.

NHS Grampian - Provides medical treatment and rehabilitation services in the Aberdeen area. Your medical records and care plans will form part of the evidence in a claim.

Next Steps

If you have been injured in a construction accident in Aberdeen, start by obtaining medical care and ensuring the incident is recorded. Gather photos, witness details, and any relevant site documents you can safely access. Keep receipts and records of all expenses, time off work, and the impact on your daily life.

Contact a Scottish personal injury solicitor experienced in construction accidents. Ask about their experience with CDM 2015 issues, multi-defender claims, and serious injury valuation. Discuss funding options including success fee agreements and how qualified one-way costs shifting may apply. Early legal advice helps secure evidence, protect the 3 year time limit, and engage with insurers under the Scottish pre-action process.

Cooperate with any HSE or internal investigations, but avoid giving detailed statements to insurers before you have legal advice. Do not discard damaged equipment, PPE, or work clothing. Keep social media private and avoid posting about the incident. If you are off work, speak to your employer about sick pay and consider an occupational health referral. Your solicitor can also help arrange rehabilitation and interim payments where liability is admitted.

This guide provides general information only. Every case turns on its own facts and the applicable Scottish law. For tailored advice on your situation, speak to a qualified solicitor without delay.