Injuries caused by falling objects represent a serious safety concern across Queensland, in both workplaces and public spaces. Recent data suggests that these incidents caused significant harm across a range of areas, including construction, warehousing, and retail environments.
Getting to grips with who is at fault when such instances occur is vital for victims who seek compensation. But not only this, employers can also benefit by better understanding how to manage risk.
In this article, we’ll make sense of claiming for injuries caused by falling objects, looking at your rights and obligations, reviewing some common cases, taking a quick glance at recent legislative changes and, of course, understanding when professional legal should be sought. Let’s get started.
Quick Summary
Understanding Falling Object Injury Claims: Who is Liable?
Liability for this kind of injury in Queensland depends primarily on three key factors: (1) where the incident happened, (2) who had control over the object that fell (a worker, for instance), and (3) whether proper safety measures were in place. Let’s take a more in-depth look at how this works in various situations.
In workplace settings, employers, or more broadly, Persons Conducting a Business or Undertaking (PCBUs) bear primary responsibility. This term PCBUs is used because it may not always be a company, in the standard sense. It may also be a sole trader, non-for-profit organisation or even a government agency.
Under the Work Health and Safety Act 2011 (Qld), these entities must eliminate or minimise the risk of falling objects through proper storage, securing methods, and safety protocols. This includes implementing physical barriers and exclusion zones. An example from a construction site may be to ensure that all tools are properly tethered when working at height.
In public places like shopping centres, construction sites, or along roadways, property owners and occupiers have a duty of care to visitors. They must identify any potential risks which exist and take reasonable steps to prevent harm. These things might include a loose sign, rubble falling from an old building, or inadequately secured materials or scaffolding poles.
For incidents which occur on roads, drivers face strict liability regulations for unsecured loads under Queensland transport legislation. Construction companies working near or on roads also have heightened duties to prevent debris from affecting traffic.
Let’s take a look at an example: imagine that a hammer falls from scaffolding and injures a worker below. In all likelihood, the employer will be liable as they did not establish no-go zones or they may not have purchased the necessary straps and harnesses to stop the tools from falling.
In exactly the same situation, if the hammer ends up injuring a pedestrian on a public footpath, both the construction company and property owner might share liability depending on what their various obligations were.
What Are Your Rights and Obligations?
Let’s take a look at the various rights and obligations which arise when dealing with a claim for a falling object injury.
Your Rights:
Immediate medical treatment - Thankfully, this is something you’re entitled to. Necessary medical care is covered, with costs borne by WorkCover Queensland for workplace injuries. WorkSafe Queensland emphasises that early medical intervention improves both health outcomes and the strength of your claim, so don’t delay!
Statutory compensation - For workplace injuries, this includes up to 85% of your pre-injury salary, medical expenses, rehabilitation costs, and lump sum payments if you’ve been permanently impaired.
Common law damages - Where negligence can be proven, you may claim additional compensation for pain and suffering, future economic loss, and care costs. A number of recent cases within Queensland have awarded substantial damages, with one nurse receiving $1.6 million for the injury she sustained at work.
Your Obligations:
Reporting as soon as possible - Workplace incidents must be reported to your employer immediately, with formal WorkCover claims lodged within six months of the accident taking place. Public place injuries should be reported, preferably in writing, to the property owner, manager or public authority as soon as possible.
Medical compliance - It’s crucial to attend all medical appointments and follow treatment recommendations from your healthcare provider. Failure to engage with rehabilitation can jeopardise both your statutory benefits and common law claims.
Get your hands on the evidence - Document as best as you can the scene where the accident happened. Use photographs, witness statements, and incident reports to help you do this. This evidence becomes critical when establishing liability and the extent of the damages.
Some Common Scenarios:
- Construction workers injured by falling tools or materials must report what happened to their employer, even when working for a subcontractor on another company's site
- Retail employees hit by falling stock should ensure CCTV footage is preserved and the incident is recorded in the appropriate registry
- Public visitors injured by falling objects should photograph the scene and obtain contact details for the property manager or owner
The time limits for making claims are incredibly strict in the majority of cases. Workers' compensation claims must commence within six months of injury, while court proceedings must be filed within three years.
Common Situations and Questions
My employer says my injury was “just one of those things” - can I still make a claim?
Yes, absolutely. Under the workers' compensation system in Queensland, you're entitled to statutory benefits regardless of who was at fault. Even if the accident seemed unavoidable, employers must meet a number of standards to prevent falling objects through proper storage, the securing of items, and exclusion zones.
I was injured by a falling object in a shopping centre - who is responsible?
Shopping centre operators and individual retailers may both have liability depending on what it was that fell and where it happened. In any case, public liability claims require proof that the responsible party knew or should have known about the risk and failed to take reasonable precautions.
A tool fell from a construction site and hit my car - can I claim for both vehicle damage and my injuries?
Yes, you can! These are separate claims. Vehicle damage falls under property damage provisions, while personal injuries follow a separate compensation pathway. Construction companies have heightened duties when working near public areas, and recent WorkSafe alerts show this remains a significant problem.
How long do I have to make a claim after being hit by a falling object?
Time limits vary by claim type. First off, worker’s compensation claims should be lodged within six months of injury. In some cases though, an extension may be possible. Public liability claims require notice within nine months and the court proceedings must begin within three years.
The object that hit me was thrown by another worker - does this affect my claim?
No, it won’t prevent compensation. Your employer still remains liable for workplace injuries no matter how they occurred. This includes through the actions of another employee. The employer's duty extends to supervising staff, providing adequate training, and maintaining safe systems of work.
I have a pre-existing issue with my back - can I still claim if a falling object worsened it?
Yes, Queensland law recognises that injuries can aggravate pre-existing conditions. WorkSafe case studies show a number of successful claims where falling objects worsened existing injuries. The key is proving that the injury sustained contributed to your current condition and ongoing disability.
What if the falling object incident happened because I wasn't wearing safety equipment?
In truth, yes, this may affect your claim through contributory negligence principles, but it won't necessarily prevent compensation entirely. Courts will always assess whether your behaviour was reasonable in the circumstances and accordingly apportion blame to who was at fault.
When I opened a container, an object fell down and caused me injury. Can I make a claim?
Yes, if you can establish the transport operator or loading company was negligent in securing the load. Recent amendments to transport regulations emphasise proper load restraint, and operators face strict liability standards.
Key Legal Framework
Here are the legal frameworks you need to know:
WorkSafe Queensland serves as the primary regulator, investigating incidents and enforcing compliance. The Queensland Industrial Relations Commission hears workers' compensation disputes, while the Supreme and District Courts handle serious injury claims seeking common law damages.
The Workers' Compensation and Rehabilitation Act 2003 (Qld) sets out the foundation for workplace injury compensation. It includes information on negligence and statutory benefits.
The Work Health and Safety Act 2011 (Qld) and associated regulations establish specific duties regarding falling objects.
For public liability claims, the Personal Injuries Proceedings Act 2002 (Qld) governs pre-court procedures and limitation periods. Whereas, the Civil Liability Act 2003 (Qld) concerns negligence principles, including defences like contributory negligence that may reduce compensation.
Recent Changes and Developments
Fortunately, the landscape has evolved significantly through recent legislative amendments, court decisions, and regulatory responses to what seem like concerning numbers of injuries.
The most significant legislative change concerns the Work Health and Safety Regulation 2023 amendments. These went a long way to strengthen fall protection requirements for construction sites.
Recent Court Decisions within Queensland:
A number of cases show courts closely examining the quality of evidence in falling object injury claims. In Joseph McIlwraith v Blue Vale Structures (2024), the claim failed because there was not enough proof linking workplace conditions to the injury. By contrast, in Wilson v Gold Coast Hospital (2023), the court awarded significant damages after finding that poor safety procedures directly caused the harm.
Statistical Trends:
2024 national workplace safety data reveals falling objects caused 6% of worker fatalities across Australia, with Queensland showing concerning trends in construction and warehousing sectors. As a result of this, preventative measures are now being taken to enhance overall safety.
Going Forward:
Overall, the outlook is positive for claimants. These developments emphasise the evolving nature of falling object injury law and the importance of staying up-to-date with legal requirements and opportunities you may have to claim for compensation.
Practical Guidance
Successfully navigating a falling object injury claim requires an active approach from the moment the incident occurs through to its resolution. Here's your step-by-step guide to protecting your interests and maximising your compensation claim.
Immediate Actions (First 24 Hours):
Seek medical attention - This is non-negotiable, both for your health and claim validity. Even seemingly minor impacts can cause serious internal injuries or symptoms related to concussion that appear later. WorkSafe Queensland emphasises that early medical documentation strengthens claims significantly.
Document everything - Photograph the fallen object, its original position, the impact site, and your injuries. These images become invaluable evidence when establishing liability, something which may happen only months later. Collect witness contact details immediately. If not, they may be difficult to track down at a later date.
Report the incident - Workplace injuries must be reported to your employer immediately. For public place incidents, notify the property manager or owner. Obtain incident report numbers and copies of all documentation.
The First Week:
Lodge formal claims - Workers' compensation claims should be submitted through WorkCover Queensland within days of the incident. There’s no need to wait for your employer; you can lodge directly online. When it comes to public liability, formal notice should be given to those potentially responsible within the first week.
Preserve evidence - Request security/CCTV footage immediately as most places will delete the data after 7-30 days. Obtain maintenance records, safety inspection reports, and any incident investigation findings. These documents often reveal systemic safety failures that strengthen negligence claims.
Establish treatment patterns - Begin consistent medical treatment and rehabilitation. Follow all medical advice precisely as insurers may scrutinise gaps in treatment when assessing claims.
Red Flags to Be Vigilant Of:
Insurer delay tactics - If communication is slow, it may be time to seek professional legal advice.
Pressure to settle early on - Insurers may offer quick and unacceptable settlements before the full extent of your injuries become apparent.
Surveillance concerns - Insurance companies frequently conduct surveillance of claimants. Because of this, it’s important to maintain consistency between your reported limitations and daily activities to avoid them challenging your claim.
When to Seek Professional Help
While some minor falling object incidents may seem straightforward, the complexity of Queensland's compensation system means professional legal advice is strongly advised, and may even be essential in certain situations where there exists high risk.
Seek immediate legal advice if:
- WorkCover claim is rejected or facing indefinite delays
- Surveillance activity by investigators for the insurance company
- Pressure for recorded statements without legal representation
- Settlement offers with time-limited acceptance requirements
- Disputes over medical treatment or rehabilitation needs
- Approaching limitation deadlines for court proceedings
How Early Advice Prevents Problems:
Unfortunately, many falling object injury claims fail due to either procedural errors, inadequate evidence, or missed deadlines that could have been avoided with prompt legal guidance. The compensation system within Queensland contains numerous traps to catch those who are unaware, including complex notice requirements, limitation periods, and thresholds that experienced lawyers can navigate.
Legal Guidance for Object Injury Claims
For complex situations or specific advice about your circumstances, consider seeking professional legal guidance. Smith's Lawyers offers a free initial consultation to help you understand your options and has extensive experience with falling object injury claims across Queensland. We work on a No Win, No Fee, No Catch promise. Call 1800 960 482 or fill out the form below for more information about protecting your rights and maximising your compensation outcome.
