I’ve been injured on a construction site. What should I do?
Whether you’re a builder or an employee – anyone working on a construction site who’s injured in an accident is likely to be entitled to claim workers compensation. Your employer will need to notify the insurer within 48 hours of the accident, and you’ll need a certificate of capacity from your doctor that provides medical evidence of your injury or illness. This certificate is your record of how your injury affects your ability to do construction work. If you’re unsure what to do, it costs nothing to call Law Partners for advice, and we’ll put you straight through to one of our workers compensation lawyers.
Can I sue for negligence?
A construction worker injured in the workplace may have rights to claim common law damages. A common law damages claim under the workers compensation system is known as a work injury damages claim. A work injury damages claim is made when an injured worker sues their employer for damages due to negligence, to cover loss of past wages and loss of future earnings capacity.
To be eligible to claim for work injury damages, the work injury must be a result of the negligence of the employer, and the injured worker must have an assessed whole person impairment (WPI) of at least 15%. We have extensive experience with successful claims, and we employ specialist work injury damages lawyers who can provide free advice on this over the phone.
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What will it cost me?
There are no upfront costs. We’ll provide free claim advice, we’ll cover all the costs to prepare and run your case and we only get paid when you receive your compensation. Also, just like a mobile phone bill, we put a cap on our fees so there are no nasty surprises at the end of your claim. You should feel comfortable that you can speak to your lawyer any time, without worrying about the cost getting out of control.
Where can I find a work accident injury expert in my area?
Law Partners is Australia’s largest specialist personal injury firm, and we have 25 local offices.
We have solicitors and legal teams that specialise in workers compensation claims.
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If you don't live close to one of our offices we can provide free advice over the phone, and we can represent you without you having to leave your home. Call 13 15 15 speak to a specialist.
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What do I do if I’m a sub-contractor?
If you’re a sub-contractor and you’ve been injured on a construction site, you’ll need to establish that you were working under the care and control of a “deemed employer”. If you’re a sole trader with an ABN number, then you might need to claim under your own insurance policy. One of our specialist workers compensation lawyers will be able to explain over the phone where you stand.
How are my weekly payments calculated?
Your weekly payments will vary over time, and are calculated based on your pre-injury average weekly earnings (PIAWE).
For the first 52 weeks, the PIAWE is basically the average of your weekly earnings for the 12-month period prior to your injury, including regularly paid overtime, bonuses, shift allowances or penalties. After the first 52 weeks, PIAWE excludes overtime, shift allowances, bonuses and penalties.