Construction Accident Compensation Claims
Are you one of the thousands of construction workers in Queensland? Have you been injured on a construction site? Read our guide to find out if you're eligible to claim compensation due to a construction injury.
Talk with an experienced workers compensation lawyer to learn more.
Common Injuries on a Construction Site
Compared to other working environments, the construction industry and worksites are regarded as one of the most dangerous, which is not surprising given there many different work areas in the same space.
The most common injuries to workers in the construction industry are from:
- Muscular and musculoskeletal trauma
- Slips and trips
- Cuts
- Electrical hazards
- Hitting or being hit by an object
- Mental stress; and/or fatigue
Common hazards in the construction industry include:
- Body strain from repetitive movements, or from lifting, pushing or pulling heavy loads
- Extremely loud noise from machinery
- Falls from unguarded areas, scaffolding or fragile roofing
- Crush injuries and fractures
- Electrocution
Machinery Injuries
Due to the nature of the work undertaken on the construction site there are many different types of large and/or dangerous machinery used. Construction workers regularly operate a variety of machines, such as jackhammers, cranes, bulldozers, or even smaller power tools like nail guns and drills, all of which may cause serious injury. Injuries usually occur when safety procedures are not followed or there is no safety protocols in place on the construction site.
Exposure to Dangerous Chemicals or Dust
Construction workers can come into contact with a variety of chemicals. This exposure to chemicals or dust can lead to a variety of short and long-term health conditions such as poisoning, skin rashes and disorders of the lung, kidney and liver. One of the most common dusts on and around construction worksites is silica, it is generated by processes such as cutting, sawing, grinding, drilling, polishing or crushing of silica-containing materials.
Asbestos Exposure
Asbestos can be found in many construction materials such as paint, filler pastes, roof tiles, masonry compounds and plaster board. When asbestos compounds are disturbed and inhaled, they may lead to lung damage and deadly mesothelioma.
Asbestos dust can spread around job sites quickly and expose many people in a short time. The toxic dust clings to clothes, hair and tools, traveling home with construction workers and placing their families in harm’s way also.
We have experienced personal injury lawyers that can assist you if you, or a loved one has developed an asbestos related illness, such as mesothelioma. There are very specific timeframes and steps that need to be taken when making this sort of compensation claim.
Collapsing Scaffolding
Scaffolding is commonplace on most construction sites, and can cause very serious accidents when not used safely. Strict rules to ensure the safety and stability of scaffolding should be upheld however, things can go wrong, causing construction workers to fall and sustain serious injuries, or in the worst, cause death. Contributing factors to collapsing scaffolding can include; poor construction, unsafe structures, overloaded scaffolding, and environmental factors.
Motor Vehicle Injury
The use of motor vehicles in and around construction worksites is considerable and poses a great risk to construction workers as they risk being hit by vehicles maneuvering around the site. There is also the potential for crush injuries to occur between large vehicles and solid objects. The main types of transport accidents are:
- People are struck or run over by moving vehicles (e.g. during reversing)
- Falling from vehicles
- Struck by objects falling from vehicles
- Injured because of vehicles overturning
Motor vehicle accident compensation is also possible if you are injured whilst travelling to and from work.
Find out more about making a car accident compensation claim.
Slip, Trip or Falls
Given that construction workers often work from high places such as scaffolding, rooftops, or ladders – falls are a common accident amongst construction workers. Construction worksites often have extra materials, tools, and debris lying around, which can also cause workers to trip and fall. Slippery surfaces can also contribute to slips and falls. Loose cables and holes in the ground can be commonplace in construction worksites making it more likely for employees to experience a slip, trip or fall.
The area around construction sites can also be the cause of slip, trip or falls, as these areas are classified as public areas you may be able to make a public liability claim if you have been injured in this way.
Can I Claim Workers Compensation For an Injury on a Construction Site?
You may be eligible to make a no win, no fee claim for workers compensation if you’ve suffered any injury, illness or been harmed on a construction site. Your claim may cover; weekly expenses, medical expenses, lump sum payment, home help and rehabilitation. You may also be eligible to make a common law claim for your injuries if you can prove your accident was caused by your employers’ or someone else's negligence.
Speaking with one of our experienced compensation lawyers will help you to have piece of mind that you are claiming all the compensation required to get you back on your feet.
What is the Compensation Claims Process for Construction Injuries?
The first step you should take if you have been injured is to visit your doctor and seek medical assistance. Ensure you let your doctor know that you sustained your injuries through the course of your work. Disclose the nature of your injuries, how you sustained them and any other information about the worksite that caused your accident. In order to get the ball rolling with your workers compensation claim, you will need a Workers’ Compensation Medical Certificate issued by your doctor. You then need to lodge a workers compensation claim through WorkCover Queensland.
If your employer is self-insured, you can also lodge your claim directly with their self-insurance team.
You’ll need to have a bit of information when lodging your workers compensation claim to ensure that WorkCover Queensland can investigate as quickly as possible, from the date of lodgement WorkCover have 20 business days to process your claim. You will need to include information about the incident, such as who was involved, the events that led to the incident, the overall outcome, any information about machinery involved.
Due to the nature of construction sites, there may be other businesses involved in the building site. This means if you are injured due to negligence of someone other than your employer you may be able to make a claim for workers compensation against them also.
If you’re unsure what to do, it costs nothing to call one of our workers compensation lawyers and receive the expert advice that can make all the difference to how much compensation you receive.
How Long do I Have to Make a Construction Accident Injury Claim?
In Queensland, you generally have three years following a personal injury to lodge a no win, no fee personal injury law claim.
Workers compensation claims for statutory benefits must be made within six months of the date of your injury or incident. You must also ensure you report your work injury to WorkCover Queensland within six months.
Speaking with one of our experienced personal injury lawyers as soon as you can is important to ensure that you don’t miss any of these important time limits.
What Are The Average Payouts For Construction Accident Injuries?
There are a number of factors that determine the value of a workers compensation claim. As each construction accident and injuries are different, there is no simple answer as to what your payout will be from the outset.
Factors that will impact the amount you receive include the type of injury and severity, past loss of earnings, medical costs, future loss of earnings and the level of liability.
The compensation you may obtain at the end of your claim will depend on the specific circumstances of your case of injury, including the degree of your fault in the accident and the seriousness of your injury. Speaking to one of our experienced construction accident lawyers can help you obtain the maximum compensation payment and ensure all your legal rights are protected.
Lodge A "No Win No Fee" Claim
If you suffer injuries whilst at work, and you are looking for further information in terms of making a claim. Here at Smith's Lawyers, we offer a free consultation for injured people looking to seek compensation. As mentioned before, we also have a "No Win. No Fee. No Catch." policy, which means you will never be out of pocket.
Get in touch with us today to give yourself the best opportunity to understand your rights.
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