Responsibility for construction site safety is usually shared. On any building site, the principal contractor, your employer, the site manager, designers, and the client all carry duties. It is the employer’s responsibility, and the site’s, to plan work properly, carry out a risk assessment, and put sensible controls in place.
The health and safety framework that applies in Scotland is UK-wide. The main duties come from the Health and Safety at Work etc. Act 1974 and the Construction (Design and Management) Regulations 2015, alongside rules on working at height, work equipment, hazardous substances, and manual handling. You do not need to know which rule was broken. If safety was not managed properly and you were hurt, that is what we investigate.
Who actually pays: employer’s liability insurance
This is the reassurance most people need first. Compensation for an accident at work comes from employer’s liability insurance, not out of your employer’s own pocket. Every employer is required by law to hold it, precisely so that an injured worker can be compensated without the business itself footing the bill.
That also matters if the construction company you worked for has since closed. In many cases the insurance policy can still be traced and the claim pursued, even where the original business no longer exists.
What the Health and Safety Executive does after a serious accident
The Health and Safety Executive investigates serious and fatal construction accidents. The safety executive can issue enforcement notices and prosecute those who break the rules. What it does not do is pay your compensation. A prosecution or a fine punishes the wrongdoer, but it does not put money in your pocket. For that, you need a separate personal injury claim. Where the Health and Safety Executive has looked into an accident, its findings can help support a civil claim by showing that something went wrong.
What if the accident was partly my fault?
Many people assume that if they were partly to blame, they cannot claim. That is not how it works in Scotland. Under the rules on contributory negligence, being partly at fault reduces your compensation rather than cancelling your claim. You could still recover a substantial amount. It is worth getting a proper view rather than ruling yourself out.
Will making a claim affect my job?
It is natural to worry about the working relationship, especially if you like your employer or need the work. A claim is made against the employer’s liability insurance, not against your employer as a person. You are also protected from being dismissed simply for pursuing a legitimate claim. Claiming what you are owed is your right, not a personal attack on anyone.
