Construction Injury Lawyers

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

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.

Previous claims from a construction accident have included;

• falls from and collapsing of scaffolding
• 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.

We have a team of experienced construction compensation lawyers who can assist you with your construction accident claim.

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 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. We obtain the necessary evidence to win your claim. This is done by one of our experienced construction accident lawyers.
4. We pursue your claim and fight until you receive the compensation you deserve.
5. You receive your compensation in your bank account.

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

NSW Workers Compensation covers injured construction workers who are employees including part-time and casual workers and, in many cases, sub-contractors are also entitled to receive workers compensation for injuries sustained whilst on a construction site. If you work for one contractor, you can be deemed to be an employee and able to recover workers compensation.

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.

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

If you make a claim for workers compensation, you are entitled to receive money for loss of income and payment of medical expenses.

You are also entitled to receive a lump sum amount of compensation if you have sustained a permanent impairment because of your injuries. This is known as a claim for whole person impairment. A percentage of whole person impairment is determined by a doctor. You are entitled to a lump sum amount of money depending on the level of your impairment (it must exceed 10% whole person impairment) and the date of your injury.

Lump-sum compensation for impairment is usually somewhere between $30,000.00 and $60,000.00 depending on the nature and extent of your injury.

Payment of lump-sum compensation for whole person impairment is paid in addition to receiving the weekly payments and medical expenses.

Do workers compensation entitlements vary between states and territories?

Yes, workers compensation laws and entitlements vary between states and territories in Australia. Each state has its own worker’s compensation scheme, and the compensation payable varies greatly depending on which state your injury was sustained.

At Garling & Co our building accident lawyers only act for people who have sustained an injury in NSW.

Why Garling & Co Lawyers?

At Garling & Co Lawyers, 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. You will be looked after by an expert in construction workplace injury law.

We also offer no win no fee arrangements for these types of claims which means that you do not have to pay for our legal services if you do not win.

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