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Injured while working on a construction site? We support you to pursue an injury claim and receive the maximum compensation you deserve. 

Regardless of your role as a construction worker, if you have been injured or become ill while working on a construction site, you may be eligible to pursue compensation. 

No matter the nature or severity of the accident, our team of construction accident lawyers at our Brisbane-based firm, Murphy's Law, can help.

Experienced and highly qualified, our no-win, no-fee lawyers can review your case free of charge, advise you of your rights, and process claims with no upfront costs. 

Construction Accident Claims

As a high-risk industry, work-related injuries for construction workers are unfortunately all too common. Despite comprehensive legislation and training in place through Workplace and Occupational Health & Safety initiatives, accidents still happen. 

Affecting construction workers across a variety of skill sets, these accidents can result in a wide range of injuries. This may include broken bones, amputations, head injuries, traumatic brain injuries (TBI), spinal injuries, eye injuries, crush injuries, burns, respiratory issues, cuts, sprains, strains and even fatalities. 

The most common causes of these construction accidents include: 

  • Falls from heights while working on scaffolds, ladders, rooftops, or other elevated areas 
  • Being struck by falling objects such as tools, equipment, or building materials
  • Machinery accidents while operating heavy equipment like cranes, forklifts, or excavators
  • Slips, trips and falls due to uneven ground, loose cables, debris, or wet surfaces
  • Electrical accidents when working around live wires, faulty electrical equipment or poor insulation
  • Trench and excavation collapses 
  • Exposure to hazardous materials when handling toxic substances, asbestos, or other chemicals without proper protection
  • Repetitive strain and overexertion from lifting heavy materials, repetitive motions, or prolonged use of tools.

It is important to note that psychological injuries following a construction accident are also common, including anxiety, depression or post-traumatic stress disorder (PTSD). These are equally as important in a claim, as they can also have a long-lasting impacts.

What Can I Claim? 

If you are injured in a construction accident you may be able to claim compensation for a variety of losses related to your injury. Typically, this will include reimbursement for:

  • Medical and hospital expenses
  • Loss of earnings for both the present and future, including any superannuation
  • Pain and suffering/loss of enjoyment of life 
  • Any care provided by others
  • Ongoing treatment and healthcare 
  • Travel expenses
  • Rehabilitation 
  • Return to work assistance

In the event of a work-related fatality, a worker’s dependents may be entitled to claim death benefits. This compensation will typically go towards funeral expenses and ongoing financial support, as well as a possible large lump sum payment.

To understand exactly what you can claim, it is important to speak with an experienced construction accident lawyer.  Experts in compensation claims, our caring lawyers will review your case with you and prepare a comprehensive claim strategy, ensuring optimal compensation outcomes.

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How To Make A Construction Accident Claim 

Every accident circumstance and subsequent injury are different. That is especially so in the construction industry, where there are often multiple parties who might be responsible.

A considered and tailored approach to your claim needs to be taken having regard to your own circumstances. In saying that, making a construction accident claim in QLD will typically involve dealing with a public liability or workers compensation  insurer or a self-insured national or multinational corporation. To make your claim, generally speaking, you will need to:

  1. Report the injury to your employer or the at-fault party. Notify your employer or the at-fault party as soon as possible after the injury occurs to ensure that the incident is recorded.
  2. Report the injury to any workers compensation insurer (eg Workcover Qld).  You could be entitled to no-fault insurance cover for medical treatment costs and lost earnings etc. There are strict time frames when claims need to be lodged. If you are too late, you could lose your right to claim.  
  3. Consult a construction accident lawyer. We will discuss your situation with you, advise you whether you should accept any lump sum offer you have been given, whether you are eligible to lodge a common law claim and what to do next.
  4. Commence the damages claim. If bringing a common law claim is the best path, we’ll help you complete the relevant Notice of Claim for Damages form (there are different forms and claim schemes depending who the at-fault party is). The insurer may request you undergo medical examinations once this process has been started. 
  5. Gather evidence. This will be used to establish liability and provide proof of your injuries and losses, including how this impacts your ability to work. Evidence should include any Medical Certificates, any other medical records or reports, witness statements, WHS/OHS incident reports, records of past earnings and any other relevant information. 
  6. Settlement Conference. Once your claim has been filed and reviewed, your lawyer will then meet with the insurer(s) (or their legal representatives) to help you negotiate the maximum settlement for your claim.

Often a complex and confusing process, where the wrong decisions could mean you lose your right to claim damages, it is strongly recommended you contact an experienced lawyer  with expertise in construction accident claims. 

Contact one of our expert lawyers now for a free no-obligation consultation to find out what your best options are and to learn more about the process involved.

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Compensation Amounts For Construction Accident Claims 

As with all compensation claims, the amount of damages that might be awarded is variable and is influenced by multiple factors. It depends on the person’s individual circumstances, the nature of their injuries, the impact to their ability to work and their other losses. 

As an indication of what this may look like, in 2022-2023, the average payout for a common law claim through WorkCover was almost $190,000. While this covers all WorkCover claims, this same data shows that the construction industry is one of the top three claim groups annually. 

Compensation payouts are typically paid by an insurer through WorkCover or other insurance in place. Larger corporations that manage their own workers compensation may deal with this internally.

While the exact sum you will be awarded based on your claim specifics cannot be known until the claim is finalised, an estimation can usually be made. Our highly skilled and genuine no-win, no-fee lawyers can assist with this at your free initial consultation. 

Why Choose Murphy’s Law Accident Lawyers?

We have a team of award-winning construction accident lawyers who are waiting to help you. These are just some of the reasons our clients rate us highly: 

  • we treat you as an individual - our award winning team focuses on treating you as an individual, not a case number. We are proactive with communication and explain every step of the journey.
  • we have less cases per lawyer than the norm - many law firms swamp their teams with 100+ cases per lawyer which makes it hard to give yours the attention it needs. We intentionally have far less cases per lawyer to provide more attention.
  • we are determined and tenacious - we don’t roll over at the first insurance company offer for compensation. Our experienced team keeps fighting for the best outcome.
  • we secure better outcomes - using smarter strategies, determination and value focused rates, we aim to get you more money in your pocket and put you in the best position to move forwards with your life.

Avoid missing vital claim time limits and request your free initial case review today.

Award-winning Personal Injury Lawyers In Queensland

Chris McManus

Principal

Donna McManus

Founder

Kirk Watterston

Principal (Non-Director)

Natalie Holmes

Practice Manager

Ben Humphreys

COO/CFO

Patrick MacDonald

Head of Marketing

Chris McMahon

Special Counsel

Michelle Tomley

Special Counsel

Jed McNamara

Special Counsel

Sharee Yauga

Senior Associate

Monique Andreazza

Associate

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Associate

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Solicitor

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Frequently Asked Accident Claim Questions

What types of construction accidents and injuries compensation claims can be made?

If you are injured in a construction accident, then there are a range of possible compensation claims which can be made.

If you were injured whilst an employee, then typically a no-fault workers compensation claim can be lodged, which gives you access to reimbursement of medical costs and lost earnings in the short-term.

Other damages claims can also potentially be made against any at-fault party (whether that is your employer, a contractor, another business, worker for another company and so on). Those types of claims are generally referred to as common law damages claims and are designed to compensate people for longer term losses.

Other insurance options might also be available.

To learn more about the potential compensation and insurance avenues open to you, please contact one of our expert construction accident lawyers now for a free, no obligation discussion.

Who is responsible for safety on a work site?

Whoever owns or has control of the construction worksite generally has the primary responsibility for upholding workplace safety and preventing accidents and injuries. However, site managers, contractors, and workers also have their own separate duty to ensure a safe work environment for themselves, their colleagues, and any visitors to the site.

Who do I make the claim against if there were multiple companies on the construction site?

Depending on the circumstances of the construction accident, multiple parties can be at fault. In fact, that is quite common.

It might be necessary to bring a claim against each of the parties or companies who have contributed to the accident to best protect your interests, particularly given they rarely admit fault or accept responsibility upfront.

If you were an employee at the time of the construction accident then often you will be able to access the no fault workers compensation insurance scheme. While there are benefits to such a process in the shorter term, people with longer-term consequences often benefit from proceeding with a common law claim too. Those claims should be lodged against any party who is potentially at fault. It is more common than not, that insurers are involved who then deal with the claim on the party’s behalf.

To learn more about what type of claim might best fit your circumstances, please contact one of our expert construction accident lawyers now.

Are there any time limits for making a construction accident claim?

Yes. Strict time limits can apply. They vary depending on the particular injury and circumstances. It is highly important to seek expert legal advice about the time limits which might be applicable to you. 

Otherwise, you could lose out on your entitlement to bring a claim altogether.

Contact one of our experienced accident construction lawyers in a free no-obligation consultation to find out which time limits apply to you.

Which type of workers are most at risk of construction accidents?

In general, all workers within the construction industry face a higher chance of experiencing accidents or injuries at work compared with other lower-risk industries. 

However, mine-workers, roofers, electricians, heavy machinery operators, and concrete workers in particular appear to be among the most at risk.

I was at fault for causing my construction injury…can I still claim compensation?

It could still be possible to seek some compensation even if you were primarily at fault for the accident. For example, a no-fault workers compensation system exists in Queensland if you were an employee at the time of the accident. 

A claim can still be pursued in common law damages claims too even if you were in some way responsible, provided the employer or other party also contributed to the circumstances of the accident (for example, by failing to provide adequate training or levels of support, for supplying inadequate or faulty equipment and so on). In those circumstances, a claim can still be pursued with the compensation reduced only for the percentage degree of fault you might have been found to have contributed to the event itself.

There can be complexities involved, so it is highly advisable to speak with an experienced construction accident lawyer to find out where you stand. Call now to find out more.

Can I claim for falling items hitting me on a construction site?

Yes. Injuries caused by falling objects are not uncommon. Claims can be made against any person or company which caused or allowed any object to fall and cause  a danger to others.

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