Can a Road Worker Claim for an Injury at Work?

Written by Tanya Waterworth, Digital Content Writer

About Our Legal Expert: This content is produced with oversight by Michael Jefferies, Managing Director who has over 30 years’ legal experience.

What Road Workers Need To Know After An Accident

Road workers face some of the most hazardous conditions of any profession in England and Wales, so can a road worker claim for an injury at work? The bottom line is a road worker can claim compensation if the accident was caused by someone else’s negligence, unsafe working conditions, or a breach of health and safety duties.

They work beside fast‑moving traffic, operate heavy machinery, and often do so in poor weather, low visibility, or overnight conditions. When something goes wrong, the consequences can be severe.

The Health and Safety Executive (HSE) recently reported that a 32 year old road worker suffered from ‘life-changing injuries’ when his leg was caught in a road milling machine and had to be amputated at the scene of the accident. HSE found that the company ‘routinely operated machinery without a manufacturer’s safety guard fitted.

So, if you’re a road worker who has suffered an injury, this blog looks at when you can make a personal injury claim and what to do next.

The Legal Position: Can Road Workers Claim?

A road worker may bring a claim if their injury resulted from:

• An employer failing to follow safety regulations
• A contractor or subcontractor creating unsafe conditions
• A driver acting negligently near a work zone
• Defective equipment or machinery
• Poorly designed traffic management systems

UK employers must comply with the Health and Safety at Work etc. Act 1974, the Construction (Design and Management) Regulations 2015, and the Provision and Use of Work Equipment Regulations 1998. If any of these duties are breached and you’re injured as a result, you may have grounds for a claim.

What Makes Road Work So Dangerous?

Road work combines construction‑site risks with the unpredictability of public highways. This dual‑risk environment creates unique hazards, such as:

• Live traffic passing within metres of workers
• Reliance on temporary signage and cones to control vehicles
• Night‑time work with reduced visibility
• Heavy plant and machinery operating in confined spaces
• Multi‑contractor environments where communication can break down

These conditions mean that even a small lapse can lead to an injury, such as a missing sign, a distracted driver or a malfunctioning barrier.

Common Injuries Road Workers Experience

Below are the most frequent injuries seen in roadside environments:

• Struck‑by injuries: These occur when a worker is hit by a passing vehicle, reversing plant, or moving equipment. Even low‑speed impacts can cause fractures, internal injuries, or long‑term mobility issues.
• Musculoskeletal injuries: Road work involves repetitive lifting, carrying, and tool use. Poor manual‑handling practices or inadequate training can lead to back injuries, shoulder strains, and chronic pain.
• Slips, trips and falls: Uneven ground, loose aggregate, trailing cables, and poor lighting all increase the risk of falls, especially during night shifts.
• Vibration‑related injuries: Prolonged use of jackhammers, compactors, and breakers can cause Hand‑Arm Vibration Syndrome (HAVS) or carpal tunnel syndrome.
• Hearing damage: Roadside machinery and passing HGVs create high noise levels. Without proper hearing protection, workers can develop tinnitus or permanent hearing loss.
• Burns and chemical injuries: Hot asphalt, bitumen, and road‑marking materials can cause burns. Exposure to solvents or adhesives can irritate skin and lungs.
• Crush injuries: These can occur when barriers collapse, machinery accidents, or vehicles reverse without adequate spotting.

Each of these injuries may form the basis of a claim if employer negligence contributed to the accident.

What Actually Causes Road Worker Accidents?

Amey, a highways maintenance operative in the UK, launched a campaign in 2025 highlighting dangers for road workers after a surge of incidents in Scotland. This was aimed predominantly at drivers ignoring temporary signage, warning lights and other safety measures around road work areas.

Some of the most common roadside incidents may include:

• Traffic management failures are one of the biggest contributors. A single missing sign can cause drivers to enter a work zone at full speed.
• Reversing vehicles are involved in a number of plant‑related injuries.
• Night‑time work increases accident likelihood because drivers react more slowly to temporary signage.
• Weather‑related hazards, especially rain and ice, significantly increase slip risks on temporary surfaces.
• Fatigue can also play a major role. Long shifts, rotating patterns, and overnight work reduce concentration and increase error rates.

These factors matter because they help establish whether your accident was preventable and therefore whether you may have a valid claim.

Who Might Be Liable?

Liability in road‑work accidents can be complex because multiple parties may be involved. Responsibility may fall on:

• Your employer for failing to provide training, PPE, safe systems of work, or adequate supervision
• A principal contractor for poor site management or unsafe traffic control
• A subcontractor if their actions created a hazard
• A local authority or Highways England if signage, road layout, or traffic management was defective
• A third‑party driver if they ignored signage, sped through a work zone, or drove carelessly

A claim can involve more than one defendant if several parties contributed to the accident.

How to Start a Road Worker Injury Claim

Starting a claim is a straightforward process. The key is to act quickly and gather the right evidence. If this has happened to you, check the next steps:

1. Report the accident

Make sure the incident is recorded in the accident book or digital reporting system. If emergency services attended, their reports can also support your case.

2. Gather evidence

Useful evidence can include photos at the scene (signage, equipment or hazards), witness statements from colleagues, your PPE and even dashcam footage from passing vehicles. You should also obtain your medical records relating to the accident.

The more evidence you have, the clearer the picture of what went wrong.

3. Record your symptoms

Keep a diary of pain levels, mobility issues, sleep disruption, and how the injury affects your daily life.

4. Seek legal advice

We partner with experienced work injury solicitors who can assess your case, gather expert evidence, and guide you through the process. Most road‑worker claims run on a No Win, No Fee basis and our solicitors offer an initial, free consultation.

5. Start the claim within the time limit

In most cases, you have three years from the date of the accident to start your claim.

Top Tips for Road Workers After an Accident

• Act quickly: Evidence can go missing quickly on road sites. Cones are moved, signage changes, and contractors rotate.
• Keep your PPE: Don’t throw away damaged gloves, boots, or helmets.
• Request copies of RAMS: Risk Assessment and Method Statements can reveal whether safety procedures were followed.
• Track financial losses: Keep receipts for travel, medication, and lost earnings.

These steps can strengthen your position and help ensure your claim reflects the full impact of your injury. Your solicitor will be able to advise as to potential compensation for your specific case.

Need Help Today?

When an injury happens because safety standards weren’t met, you have every right to explore a claim. Understanding the risks, knowing what evidence to gather, and acting promptly can make a significant difference to the outcome.

Contact us today at 0333 358 3034 or complete our online contact form to arrange your consultation.