Duty of Care: Head Builders' Legal Responsibilities
Worker's Compensation
3 February 2026
A head builder has obligations under the Occupation Health and Safety Act and Regulations to provide a safe work environment.
Construction sites are one of the most dangerous places to work. Yet despite this well-known fact, employers and head builders continually put work place safety and duty of care in construction as a second thought. In our practice we unfortunately see time and time again serious injuries on construction sites which could have been avoided.
A head builder has obligations under the Occupation Health and Safety Act and Regulations to provide a safe work environment as a principle contractor, a controller of the premises and as a person conducting a business.
A head builder has a common law duty of care to ensure the health and safety of everyone who enters the construction site.
A head builders duty of care
A head builder also has a common law duty of care to ensure the health and safety of everyone who enters the construction site. This duty of care extends to contractors on the job site. These workers include form workers, carpenters, electricians, scaffolder, plumbers, painters, renderers, labourers, and all the other trades on site.
Therefore, a head builder must ensure that:
- The work environment is safe, by conducting a risk assessment
- That the equipment is safe and works properly
- That contractors are provided with relevant safety information, induction, instruction, training, and supervision
- That the coordination between trades does not create a risk of injury
- The health of all workers, and the workplace conditions should be monitored on an ongoing basis
- They manage risk of falls
It is important to note that these obligations arise to a worker injured on site who is a contractor and not just an employee of the head builder.
It is very important to consider the liability of non-employers being the head builder or other contractors on site. Often the head contractor may be liable to pay compensation which is usually a much better claim than against the employer. Some lawyers focus only on the employers’ duty of care forgetting about the head contractor.
It is very important to consider whether a claim can be brought against a non-employer. This includes the principle contractor or other contractors on site, for breaching their duty of care. This will result in significantly more compensation than if an employer alone were sued.
This is because a claim against a non-employer, such as a head builder, is governed by the Civil Liability Act 2002 (NSW) and not the Workers’ Compensation Act 1987 (NSW).
The Civil Liability Act allows those injured to claim compensation for pain and suffering, past and future medical expenses, past and future loss of income, and past and future care and assistance.
If an injured worker sues their employer under the Workers Compensation Act they will only be compensated for past and future loss of income.
The amount of compensation when suing non-employers, such as principle contractors, is much greater than suing the employer alone. It is therefore very important that the injured worker investigate who else they can bring a claim against. This could be the head builder, or other non-employers such as other contractors on site for breach of their duty of care.
Note: there is a three-year statutory time limit (from the date of discoverability) when making a compensation claims again a non-employer, such as a head builder.
If you think you have a duty of care claim in the construction field, please contact us to find out how we can help.
You might also be
interested in
Worker's Compensation
3 February 2026
Whole Person Impairment Assessments After a Construction Site Injury in NSW
Worker's Compensation
29 April 2026
min read
NSW Workers Compensation System: Complete Guide
The NSW Workers’ Compensation System is designed to provide support and benefits to workers who have been injured or fallen ill because of their employment. This comprehensive guide delves into the key aspects of the system, including the roles of various parties, coverage details, the claim process, and the responsibilities of general practitioners (GPs) and treating doctors.
Have you suffered a
serious injury
Allowing seriously injured people to secure the compensation they deserve so they can return to enjoying life.
Unsure? Give us a call
What Our Clients
Are Saying
Featured Testimonial
I cannot speak highly enough of my experience with this workers Compensation team. When I first reached out, I was completely overwhelmed and unsure about the process. I hit rock bottom - unable to return to work, struggling emotionally, and feeling like I had no direction. From the very beginning, the solicitors were nothing short of amazing. They were patient, understanding and incredibly supportive at a time when I needed it most. They took the time to explain every step in a way I could understand, never making me feel rushed or alone. Their professionalism was matched only by their compassion and that combination made all the difference. Throughout the entire journey, I felt heard, respected and genuinely cared for. They fought for me when I didn’t have the strength to fight for myself and thanks to their dedication, I was able to get the outcome I needed to rebuild my life. If you’re unsure, scared or feeling lost like I was, I can confidently say you will be in the best hands with this team. They helped me through one of the hardest chapters of my life, and I am truly grateful. I can’t thank or recommend Garling & Co Lawyers enough.
Matthew Garling and his team have provided incredible support and guidance throughout my MVA damages claim this year, and I can’t thank them enough for making this journey feel like such a breeze. When I initially engaged Garling & co, I had no understanding of what was ahead. I was anxious and unsure about the process, while also navigating the physical challenges of my injuries. With assurance that my matter was being handled with high level of expertise, professionalism and integrity, I was able to focus on recovery instead. Throughout the process, Matthew and Allison have been honest, straightforward and efficient in all communication; being a supportive buffer in all dealings with the insurer, and consistently committed to a successful outcome. The outcome was excellent, and it is with huge relief and great thanks that I can put this matter behind me. I would highly recommend the services of Garling and co for any injury claims of a similar nature, and I’m forever grateful to Matthew and his team.
A big thank you to Matthew for his expertise, dedication, and genuine care in handling my matter. The outcome exceeded my expectations, and I am truly grateful for the excellent work of his entire team. Outstanding results - highly recommended.