Injury Lawyers for Tradies in Sydney & NSW

Construction sites can be dangerous places to work. We have a team of experienced construction compensation lawyers who can assist you with your claim.

What types of tradespeople are covered under workers compensation claims?

NSW Workers Compensation covers a wide range of tradespeople working in the construction industry. Based on our experience, we regularly assist workers from the following trades:

• Electricians
• Plumbers
• Carpenters
• Bricklayers
• Roofers
• Tilers
• Scaffolders
• Formworkers
• Riggers
• Crane Operators
• Dogmen
• Demolition Workers
• Those working in confined spaces
• General construction workers

Eligibility for workers compensation applies to both full-time employees and (in specific cases) contractors and subcontractors. The determination of contractor and subcontractor eligibility in NSW involves a complex analysis of the working relationship. Understanding the definition of a ‘worker’ under the NSW Workers Compensation Act 1987 is vital. Seeking legal advice is strongly recommended to clarify your specific situation.

What should I do when I am injured while working as a labourer or a tradie?

If you are injured while working as a labourer or in a trade, you should immediately seek medical assistance. You need to advise your employer as it is likely you will be entitled to claim workers compensation.

It is important that you obtain a medical Certificate of Capacity from your general practitioner or the hospital and provide it to your employer as soon as possible, remembering to explain that your injury or illness is due to your work. This certificate is medical evidence of your injury or illness, and your employer is required to forward the medical certificate to the workers compensation insurer, which commences your claim.

What common injuries and illnesses can tradies claim for?

We have encountered various workplace hazards that tradies face, leading to injuries and illnesses. Some of the most common claims include:

• Falls from heights (scaffolding, roofs, formwork)
• Lifting and manual handling injuries
• Electrical shocks
• Tool-related injuries
• Repetitive strain injuries
• Exposure to hazardous materials
• Crushing injuries (crane accidents, load shifts, demolition)
• Injuries from the use of explosives or heavy demolition equipment
• Injuries related to confined space work, such as asphyxiation

These risks are increased in high-risk work environments.

What can I claim for a trade injury?

Throughout Sydney and NSW, tradies who are injured at work may be entitled to a range of benefits under the NSW Workers Compensation Scheme. Based on our experience assisting injured tradies, here are the key entitlements and considerations:

Core Workers’ Compensation Entitlements:

Weekly Payments for Lost Wages:

• The amount is typically calculated based on their pre-injury average weekly earnings (PIAWE).
• It’s important to note that there are caps on these payments, and the amount may decrease over time.
• To receive these payments, a “certificate of capacity” from a doctor is essential.

Medical Expenses:

• Workers’ compensation covers reasonable and necessary medical expenses related to the work injury. This includes doctor visits, hospital stays, medications, and physiotherapy.

Rehabilitation Costs:

• To help injured tradespeople return to work, compensation covers rehabilitation costs. This can include:
• Occupational therapy
• Vocational training
• Workplace modifications

Lump Sum Compensation for Permanent Impairment:

• If a work injury results in a permanent impairment, a tradesperson may be entitled to a lump sum payment.

Additional Entitlements and Considerations:

Work Injury Damages:

• In cases where the employer’s negligence caused the injury, a tradesperson may pursue a “work injury damages” claim.
• This is a separate claim from standard workers’ compensation.
• It allows for a lump sum payment for loss of income, including future lost earnings and superannuation.
• To make this type of claim, the injured worker must be able to prove that the employer was negligent and that negligence caused the injury. There is also a threshold of a 15% whole person impairment.

Severe Cases:

• For severe injuries, additional support and entitlements may be available, including:
• Ongoing care and support services
• Modifications to the home or vehicle

Subcontractors:

• Even if a tradesperson is a subcontractor, they may still be entitled to workers’ compensation. The key is to establish whether they were working under the “care and control” of a deemed employer.

What is the claim process for a tradie workplace injury?

1. If you think you may have a claim, then please contact us by email or phone to discuss your matter. We provide you with free advice on your options.
2. If we believe you have a claim for workers compensation, we 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 injury 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 If I Was Injured by a Head Builder?

As a tradie in New South Wales, you’re aware of the inherent risks on construction sites. While workers compensation covers injuries from your employer, what happens when negligence from a head builder, subcontractor, or other third party causes your injury? That’s where public liability claims come in. Garling & Co. specialises in public liability claims for tradies, suing head builders & contractors.

Understanding Public Liability for Tradies in NSW

Unlike workers compensation, which focuses on employer liability, public liability claims target the negligence of other parties on a construction site. This could include:

• Head Builders: Failing to maintain a safe worksite, inadequate safety protocols, or negligent site management.
• Subcontractors: Negligent work practices, unsafe equipment usage, or failure to warn of hazards.
• Other Contractors: Any third party whose negligence directly leads to your injury.

When Can Tradies Make a Public Liability Claim?

You may have grounds for a public liability claim if:

• Your injury was caused by the negligence of a party other than your direct employer.
• The negligent party breached their duty of care to ensure a safe worksite.
• You suffered quantifiable damages, such as medical expenses, lost income, and pain and suffering.

Common Scenarios for Tradie Public Liability Claims:

• Slipping or tripping hazards due to poorly maintained walkways or debris left by other contractors.
• Injuries from falling due to inadequate scaffolding or securing of materials by other contractors.
• Electrocution from faulty wiring or equipment installed by other contractors.
• Injuries from poorly maintained or operated machinery by other contractors.
• Injuries caused by lack of proper signage, or warnings from dangerous areas on the site.

Why Garling & Co Lawyers?

When you’re a tradie on a building or construction site, you know the risks. But when a serious injury strikes, you need more than just a lawyer – you need a team that understands the industry, fights for your rights, and gets results. That’s Garling & Co. If you’ve suffered a serious injury on a building or construction site, don’t wait. Contact Garling & Co. today for a free no-obligation consultation. We’ll listen to your story, assess your case, and provide honest, expert advice.

Don’t Settle for Less. Get the Compensation You Deserve.