On construction sites and large projects, people from many different firms work side by side. If you are a subcontractor, you may not be employed by the company in charge of the site, but that company, and others, can still owe you a duty of care.
Who can owe a subcontractor a duty of care?
- Your own employer, if you are employed by the subcontracting firm. It must keep you safe wherever it sends you to work.
- The principal contractor, which must plan, manage, monitor and coordinate health and safety during construction under regulation 13 of the Construction (Design and Management) Regulations 2015.
- The client, which must make suitable arrangements for managing the project under regulation 4 of CDM 2015.
- Other contractors, whose own work creates risks for others on site.
- The occupier of the premises, under the Occupiers' Liability Act 1957.
Section 3 of the Health and Safety at Work etc. Act 1974 also requires businesses to protect people who are not their employees from the risks of their work.
What must the principal contractor do?
Under CDM 2015, the principal contractor must prepare a construction phase plan, organise cooperation between contractors, make sure workers receive a suitable site induction, prevent unauthorised access, and make sure suitable welfare facilities are provided. It must manage the risks that arise where one contractor's work affects others, such as scaffold alterations, open edges or vehicles moving around the site.
What if another contractor caused the accident?
You may be able to claim against that contractor directly, and the principal contractor may also be liable if it failed to coordinate the work safely. Your solicitor can bring the claim against more than one defendant.
What if I am self-employed?
Genuinely self-employed contractors can still claim against those who controlled the site or created the hazard. What matters is who controlled the work and the risk, not the label on your contract. See self-employed accidents at work.
How is a subcontractor claim different?
It may involve several defendants and insurers, so it can take longer to establish who is responsible. But the injured person does not need to sort that out first, and the same three-year time limit applies.
What evidence helps?
Site induction records, the construction phase plan, method statements, permits to work, photographs, witness details and any RIDDOR report. See construction site accident claims and injured at a client's premises.
Sources
Browse every plain-English guide in the work accident guides hub, or read the main guide to how a claim works.
This guide is for general information only and does not constitute legal advice. Every claim turns on its own facts. For advice about your specific situation, speak to a regulated solicitor.