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Collect all your essential documents, including the workplace accident report, medical records, witness statements, and any photographic or video evidence together.
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Australia’s #1 plaintiff law firm
No Win, No Fee claims
Client-focused support
The construction industry is responsible for a significant number of work-related injuries each year, with thousands of workers involved in serious accidents that leave them with life-altering injuries and overwhelming financial challenges.
You're not alone if you've been injured on a construction site. You may experience pressure to stay silent or return to work before you’re ready, but you have the right to legal support and fair compensation.
We’ll provide you with a detailed guide on how to make a construction accident claim and how we can support you.
A construction accident claim is a legal process that allows injured workers to seek compensation for injuries sustained on a construction site. These claims can cover:
- medical expenses
- lost wages
- rehabilitation costs
- ongoing medical treatment.
If you’re injured while performing a work-related task, you’re entitled to lodge a workplace compensation claiming the costs of your treatment and lost wages due to being off work. The relevant body that oversees this compensation process varies from state to state, for example, in Victoria, it’s known as WorkCover. Some states and territories operate under a no-fault compensation system, meaning you can receive compensation regardless of who was at fault for the injury. In addition to workplace compensation, you may also have the right to pursue other legal claims depending on the circumstances.
Construction sites are complex workplaces with overlapping duties of care and many significant risks that must be monitored and controlled. The most frequent injuries we see include:
- falls from height causing severe head trauma, spinal injuries, or death
- machinery accidents involving heavy equipment like cranes, excavators, and power tools
- electrical injuries resulting in burns, electrocution, or long-term neurological damage
- falling objects causing head injuries, broken bones, or traumatic brain damage
- repetitive strain injuries leading to chronic pain and long-term disability
- chemical exposure resulting in respiratory issues or long-term health complications
- crush injuries causing permanent disability or life-threatening conditions.
Hak's story: How silica dust exposure led to scleroderma
While broken bones may be common, not every injury on a construction site is immediately noticeable. Some might not be detected until years later.
For 27-year-old Hak Kim, an asbestos removalist and labourer, his diagnosis of scleroderma was caused by his occupational exposure to dust containing silica that left him fighting for his life.
Read more about Hak’s story and how we helped him successfully pursue compensation from his employer.
Any questions? Check out our FAQ.
Taking timely, strategic steps after an injury can significantly improve your chances of a successful compensation claim.
After being involved in a construction accident, you should:
- Seek immediate medical attention.
- Report the accident to your employer.
- Document the accident scene by taking photos of where it took place. As construction sites can change almost daily, it’s essential to do this as soon as possible to preserve how the site looked at the time of the accident.
- Take photos of your injury.
- Collect contact information from any witnesses who saw the accident.
- Keep detailed medical records, including the medical professionals you see, the treatments you receive, and your out-of-pocket expenses. Medical professionals will keep their own records, but these can sometimes lack detail, which is why keeping your own records can be valuable.
- Avoid giving recorded statements to insurance companies or any statement without first getting legal advice.
- Contact a specialised construction accident lawyer.
Under Commonwealth legislation, all workers have fundamental legal protections, including the right to a safe working environment, adequate training, and proper safety equipment. However, there are two key rights you should be aware of.
If you choose to lodge a claim, your employer cannot retaliate, punish you or otherwise penalise you for pursuing your rights. If your employer cuts your shifts or terminates your employment as a result of you making a claim, this could be grounds for an unfair dismissal or other employment-related claim.
How to file a construction accident claim
Eligibility
While your injury may have occurred on a construction site, this doesn’t automatically make you eligible to lodge a construction accident claim. Other factors must be considered before making a claim, including:
- the severity of the injury
- the circumstances of the accident
- your employment status
- potential employer negligence
- possible workplace safety violations
- any third-party involvement.
As experienced construction accident lawyers, we can help assess whether you’re eligible to lodge a claim and, if you are, guide you through the process.
Key documents for your claim
Essential documentation includes, but is not limited to:
- workplace accident reports
- medical records and bills
- workplace safety inspection records
- witness statements
- photographic evidence
- employment records
- safety training documentation.
Our expert lawyers can advise you about the specific documentation your claim is likely to need.
Formally starting your claim
Here’s a step-by-step guide to starting the claim process:
1. Gather your documents
2. Consult a lawyer
Get advice from one of our lawyers, who can check you have all the required information. They can also help navigate the legal process.
3. Submit your claim
File your claim with your local workplace authority, such as WorkSafe in Victoria. This can often be done online through state-specific portals.
How construction accident compensation is calculated
In some states and territories, there is no-fault compensation. This means you may be entitled to compensation for a permanent injury even if no one was at fault, or you caused the injury yourself.
The compensation you can claim for a construction accident will depend on several factors and may cover a wide range of losses, including:
- Current and future medical expenses: all medical costs caused by the accident, including hospital stays, surgeries, medications, and rehabilitation (short-term and ongoing).
- Lump sum for lost wages: this covers any income you’ve lost because of your inability to work while receiving treatment.
- Pain and suffering: monetary compensation for physical suffering and emotional distress caused by the accident.
- Psychological trauma: covers the cost of psychological treatment if you suffer from mental injuries after the accident, such as post-traumatic stress disorder.
- Disability: compensation for long-term or permanent disabilities resulting from the accident.
How it’s calculated:
When determining how much compensation you’re entitled to after an accident, these factors are considered:
- your most recent detailed medical assessment
- current and projected medical costs
- impact on current and future earning potential
- severity and long-term implications of the injury
- extent of employer negligence
- insurance coverage limitations.
Why hire a construction accident lawyer?
Construction accidents are rarely straightforward. Often there will be multiple parties working on the same site, and each one will try to blame the other or muddy the waters to limit their liability.
An experienced construction accident lawyer will help you navigate workers' compensation claims, third-party liability, and potential Occupational Health and Safety violations to help secure the compensation you deserve.
Without a lawyer, parties may attempt to blame you for the injury, sell you short by offering to settle the matter for less than what you’re entitled to, or stall your claim in the hopes you’ll give up.
No Win, No Fee
We offer free initial consultations to assess your claim and give you preliminary advice, with no obligation to proceed.
If you decide to make a claim, you may be eligible for our No Win, No Fee policy, where you only pay our professional fees if your claim is successful.
Frequently asked questions
Settling a claim depends on a range of factors such as the complexity of the case, severity of injuries and how cooperative parties are.
The typical range for a claim is 6-24 months, but we can provide you with an accurate claim timeframe when we know the details of your claim.
While it is possible to represent yourself, this comes with significant risks.
Without experience in construction accident litigation, you may not correctly estimate the value of your claim. You could receive less than what you may be entitled to or risk having your claim denied entirely. Legal procedures are also complex, and courts may not assist you if you become confused or need help.
If you lodge a claim on your own and it is denied, you should seek professional advice as soon as possible. If you wait too long, you may not be able to appeal or contest the denial of your claim.
We’ll review your claim thoroughly to determine why it was denied and, where possible, advocate on your behalf to resolve the claim successfully.
The duration of a medical negligence case can vary significantly depending on the complexity of the case, the willingness of the parties to settle, and the court's schedule. On average, cases can take anywhere from several months to a few years to resolve. We take action and keep you informed during the process as much as possible while ensuring thorough preparation and representation.
Our lawyers will work with you through every step of the process
Take the first step towards justice and support. Our team of dedicated construction claim lawyers is here to listen to your story and provide expert legal assistance and support.
Contact us today for a confidential, no-obligation consultation.
Need to speak to us sooner? Call us on 1800 111 222
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Director, Head of North Injuries, Queensland Injuries and Abuse Law, Work injury, Public place injury, Road injury, Childhood abuse
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