In Queensland, construction sites can be hazardous places, and unfortunately, accidents do happen. If you’ve suffered a personal injury while working on a building site, you may be entitled to compensation. This can be through two main legal avenues: workers’ compensation and public liability claims. Both are designed to provide financial support for medical expenses, lost wages, and pain and suffering caused by an accident at work. Understanding how to navigate these claims can help ensure you receive the compensation you deserve.
Workers’ Compensation for Injuries on a Building Site
If you are an employee injured while working on a building site, your primary source of compensation is likely to be workers’ compensation. This system, governed by the Workers’ Compensation and Rehabilitation Act 2003, covers workers who sustain injuries as a result of accidents that occur in the course of their employment.
For a valid workers’ compensation claim in Queensland, the injury must have occurred while you were performing your job duties, whether it was due to a slip, fall, machinery malfunction, or another workplace accident. You do not need to prove fault or negligence to make a claim under workers’ compensation, as it is a no-fault system. However, it’s important to report the injury to your employer as soon as possible and seek medical attention.
The compensation provided can cover medical expenses, rehabilitation costs, and wage loss for the period you are unable to work due to your injury. Additionally, if your injury leads to permanent impairment, you may be entitled to further compensation. It’s important to get legal advice before accepting any offer of lump sum compensation from Workcover, because you may be foregoing your rights to a much larger sum of compensation by doing so.
Public Liability Claims: Holding Employers and Contractors Accountable
In addition to workers’ compensation, there may be an opportunity to pursue a public liability claim. This applies when the injury occurs due to the negligence of the head contractor, or another party, and can be filed against them under public liability law. A head contractor, who oversees the safety and management of a building site, has a duty of care to ensure that all workers and visitors to the site are reasonably protected from harm.
If you were injured because the head contractor failed to uphold this duty — for example, due to unsafe working conditions, lack of proper signage, or failure to provide appropriate safety equipment — you may have grounds for a public liability claim. These claims involve proving that the negligence of the contractor directly caused the injury.
Public liability claims can be more complex. It is essential to seek legal advice to assess whether you have a strong case and what evidence is required as soon as possible after your injury, because strict time limits can apply.
Seeking Legal Assistance
Navigating personal injury claims in Queensland, whether under workers’ compensation or public liability legislation, can be complicated. The expertise of a personal injury lawyer can be invaluable in helping you understand your rights and ensuring that you pursue the right type of claim, and in some cases both. A lawyer can assist with gathering evidence, managing communications with insurance companies, and representing your interests in negotiations of a settlement of your claim.
If you’ve suffered an injury on a building site, don’t hesitate to get in touch with one of our lawyer who specialises in personal injury claims. They can help guide you through the process and maximize the compensation you are entitled to.
