Construction Injury Lawyers

What types of workers are covered under construction site workers compensation claims?

We understand the unique risks faced by construction workers and we know who’s eligible for NSW Workers Compensation. The workers we commonly assist include:

• Employees: Both full-time and part-time workers are eligible for compensation if they are injured on a construction site.
• Casual Workers: Casual workers who sustain injuries while working on a construction site are also covered under this scheme.
• Sub-contractors: Many sub-contractors can receive workers compensation if they are injured while working on a construction site. If you work for one contractor, you may be deemed an employee and eligible for compensation.

What should I do if I am injured on a construction site?

If you are injured on a construction site, it is essential to take immediate and appropriate actions. You should immediately seek medical assistance if you are involved in construction accidents. You are also likely to be entitled to claim workers compensation. You need to obtain a medical Certificate of Capacity from your general practitioner or the hospital you attended and provide it to your employer as soon as possible.

This certificate is medical evidence of your injury and or illness. Your employer is required to forward the medical certificate to the workers compensation insurer to commence your claim.

To maximise your claim, it is crucial to report the injury promptly and seek medical attention immediately. Thorough documentation of the incident, including photographs and witness statements, can significantly strengthen your case.

Can I sue for negligence?

If you have sustained an injury on a construction site as a worker, then you may have a right to claim common law damages against your employer. This claim is a Work Injury Damages claim. A Work Injury Damages claim is made when an injured worker sues their employer for damages due to negligence. This claim is to cover past and future loss of income.

To claim Work Injury Damages, your injury must be as a result of the negligence of your employer, and you must have a whole person impairment of at least 15%. You will need the assistance of an experienced lawyer to make this type of claim.

Your construction accident injury could also be the fault of another trade or builder on-site. You can sue the company responsible for your injury; this is a public liability claim.

What construction site injuries and illnesses can I claim for?

Over the years, we’ve helped countless construction workers with a wide range of injury and illness claims. Some of the most common include:

• Falls from heights and collapsing of scaffolding. These are among the leading causes of injuries on construction sites.
• Heavy lifting injuries
• Trips and falls
• Lacerations, amputations and crush injuries caused by equipment and power tools
• Electrocution or electric shock caused by faulty machinery switches or overhead power lines
• Being hit by falling objects
• Exposure to chemicals that may result in burns, poisoning or respiratory illness
• Injuries caused by other trades on-site or being struck by machinery, including forklifts and cranes.
• Eye Injuries
• Knee Injuries

What type of compensation can I claim if I am injured on a construction site?

If you make a claim for workers compensation in NSW, you are entitled to receive money for loss of income and payment of medical expenses. These entitlements are governed by the Workers Compensation Act 1987 (NSW) and the Workplace Injury Management and Workers Compensation Act 1998 (NSW).

• Workers Compensation Payments for Lost Income: Workers compensation payments are designed to cover the loss of income you may face if you are unable to work due to a construction injury. These payments are typically a percentage of your average weekly earnings and are intended to support you financially while you recover.

• Medical and Rehabilitation Expenses: All reasonable medical and rehabilitation expenses related to your construction injury can be claimed. This includes costs for doctor consultations, hospital stays, surgeries, medications, physiotherapy, and any other necessary treatments to aid in your recovery.

• Lump Sum Payments for Permanent Injuries: If your construction injury results in a permanent impairment, you may be eligible for a lump sum compensation payment. The amount of this payment depends on the severity and degree of your impairment, as assessed by a qualified medical professional.

• Additional Benefits: Depending on the severity of your injury, you might also be entitled to other benefits such as: Travel Expenses: Reimbursement for travel costs incurred while attending medical appointments and treatments. Domestic Assistance: Compensation for the cost of domestic help if you are unable to perform household tasks due to your injury. Attendant Care Services: Funding for professional care services if you require assistance with daily activities.

• Death Benefits: In the unfortunate event that a construction injury leads to fatality, the dependents of the deceased worker may be entitled to death benefits. This includes lump sum payments, funeral expenses, and weekly payments to dependents.

What is the claim process for a construction site injury?

1. If you think you may have a claim from a construction accident, then please contact us by email or phone to discuss your matter. Our building accident lawyers provide you with free advice on your options.
2. If we believe you have a claim for workers compensation, on will assist in ensuring you obtain appropriate compensation for your injuries.
3. From here, Our team gathers the necessary evidence to support your claim, including medical reports and witness statements.
4. We pursue your claim and fight until you receive the compensation you deserve.
5. You receive your compensation in your bank account.

How long do I have to make a construction site workers compensation claim?

You should report any injury sustained to your employer and the head builder as soon as possible following your injury.

You should then consult your general practitioner and obtain a medical certificate of capacity which outlines the injuries you have sustained, the treatment you require and your capacity for work. This should be provided to your employer as soon as possible following your injury. Any substantial delay, usually over six months, may prevent you from making a claim.

Do workers compensation entitlements vary between states and territories?

NSW has a comprehensive workers compensation scheme managed by iCare. The scheme includes weekly payments, medical expenses, and lump-sum payments for permanent impairment. At Garling & Co, all of our specialised building and construction accident lawyers are Accredited Specialists in Personal Injury law and only represent individuals who have sustained injuries in NSW.

Why Garling & Co Lawyers?

At Garling & Co, we don’t just handle your claim. We genuinely care about helping you through it. Your claim will be handled by an Accredited Specialist in Personal Injury Law who have at least 10 years plus experience in Workers Compensation Law. As a boutique law firm, we take the time to truly understand what you’re going through. Many of our clients come to us partway through their construction injury claim because they’re not getting the care or attention they need. With us, you’re never just a number. You’ll be supported by an experienced construction injury lawyer who’s also an Accredited Specialist in Personal Injury Law.

We’ll keep you informed, answer your questions, and stand by your side. And with our No Win, No Fee policy, you don’t pay us unless we win for you.

Please contact us today to book a free consultation with our personal injury lawyers and find out how we can help you.