Construction Accident Lawyers

If you’re injured while working on a construction site, you may be eligible for two types of compensation — no matter who caused the accident.

Basic workers compensation entitlements

No matter how your injury happened, you can typically make a construction site workers compensation claim for:

• Weekly payments: up to 95% of your pre-injury income.
• Medical expenses: covering treatments, medications, and surgeries.
• Rehabilitation and support services: including physiotherapy and occupational therapy.
• Travel costs: for trips to and from medical appointments.

Lump sum payments

On top of your weekly payments, you might also be eligible for a lump sum payout if your construction injury has caused permanent impairment.

To qualify, you’ll need a Whole Person Impairment (WPI) assessment, which measures how much your construction accident injury impacts your daily life. Some states require a minimum WPI percentage to access a lump sum. For instance, in NSW, you’ll need at least 11% WPI to qualify.

For a full breakdown, check out our guide to workers compensation claims for permanent impairment or speak to a construction work injury lawyer today.

If your construction injury was caused by your employer’s negligence, you may have a common law damages claim.

Unlike regular construction site workers compensation claims, a common law claim can lead to a much larger lump sum — reaching hundreds of thousands (or even millions for severe injuries).

Depending on your situation, your claim may cover:

• Lost income (both past and future).
• Medical expenses (both past and future).
• Long-term care and support.
• Compensation for pain and suffering (in some states).

If someone other than your employer caused your construction accident, you might be able to file a public liability claim. This could apply if, for example, you were injured by faulty tools supplied by a third party or if you were working on a poorly maintained site managed by another company.

Depending on your circumstances, your construction injury compensation may include:

• Lost income and superannuation (past and future)
• Care and support for you and your dependents (if applicable)
• Pain and suffering—covering both physical and emotional impact
• Extra costs like medical bills and home or vehicle modifications

For a deeper dive into potential payouts, check out our full guide on public liability compensation or get in touch with a construction injury attorney today.

If your construction injury permanently prevents you from working, you could have a Total and Permanent Disability (TPD) claim through your super. Unlike workers comp or public liability, a TPD claim provides a pre-agreed, lump sum payment based on the terms of your super policy.

The good news is that many super funds include TPD cover automatically. This means you could already be eligible for a payout without even realising it.

Not sure if you qualify for a TPD claim? Our construction injury lawyers can check your super policy and entitlements for free.

Before filing your construction accident claim, it’s a good idea to chat with a lawyer who specialises in these cases. In a free consultation, we’ll break down the claims process and make sure you understand your rights and entitlements.

Your lawyer will leave no stone unturned, exploring every possible path to compensation to ensure you receive the maximum payout for your construction injury.

Strong expert evidence is essential to winning a building site accident claim, especially when proving that someone else was at fault. You’ll need to clearly demonstrate both the impact of your injury on your life and the other party’s responsibility.

That’s why our experienced construction accident lawyers collaborate with leading medical and liability experts to build a rock-solid case. We also cover all expert costs upfront, so you won’t pay a cent unless we win your claim.

Once we’ve built a strong case, your construction injury lawyer will handle the entire claim submission process for you:

• Workers compensation claims: we’ll submit your claim, along with all supporting evidence, directly to the insurer.
• Common law damages or public liability claims: your lawyer will initiate court proceedings on your behalf.
• TPD claims: we’ll manage the submission to your super fund or TPD insurer, ensuring everything is properly prepared.

No matter which type of claim you’re pursuing, we’ll take care of the paperwork, negotiations, and legal steps — making the process as smooth and stress-free as possible.

After lodging your claim, the next step is waiting for a decision from the fund or insurer:

• Workers compensation claims: the insurer will review your case and notify you of their decision. If approved, your weekly payments should begin right away. If your claim is denied or the payout is lower than expected, your construction injury lawyer will step in to challenge the decision and fight for what you’re entitled to.
• TPD claims: super funds or insurers typically take a few months to process these claims. With our expertise on your side, there’s a strong chance of approval. Once your claim is accepted, we’ll help you decide how to receive your benefit and ensure your payout is processed as quickly as possible.

Before your case goes to court, you’ll need to attend a mandatory mediation with the insurer. Your construction injury lawyer will handle all negotiations during this process, ensuring everything’s as smooth and simple as possible.

With the right preparation, most cases settle at this stage. But if the insurer refuses to offer fair compensation, we’re ready to take your case to court and fight for every dollar you deserve.

Right after a building site accident, taking the right steps is essential for both your health and your claim. Here’s what to do:

• See a doctor ASAP: get a proper diagnosis, treatment, and referrals to specialists. Your GP can also provide a ‘certificate of capacity,’ which is crucial evidence for your claim.
• Keep track of your symptoms: document how your injury affects your work, daily life, and well-being. A clear record of your struggles can help strengthen your case.
• Talk to a construction accident lawyer: a skilled lawyer will explain your rights, guide you through the claims process, and estimate your potential compensation. If you go ahead with your claim, we’ll also handle all insurer negotiations, gather medical evidence, and interview witnesses on your behalf.

Construction accident claims have strict time limits, which vary depending on the type of claim and the state you’re in.

If you’ve missed this deadline, don’t stress — you’ve still got options. Our building accident lawyers know the exceptions to time limits in each state and can apply for an extension on your behalf. We’ve successfully helped many clients overcome delays and secure the compensation they deserve.

Reach out today to explore your options and take the next step in your construction accident compensation claim.

Workers compensation claims

Make sure to tell your employer about your building site injury as soon as possible. You’ll then have between 6 to 12 months to start a workers compensation claim, depending on your state.

Common law damages claims

Generally, you need to file your common law damages claim within three years of the construction accident injury. But in some states, you’ll have three years from when you discovered the injury was caused by your employer’s negligence.

Public liability claims

Time limits for public liability claims vary by state. In some states, you have three years from when your building site injury happened. In others, the clock only starts when you first discover the injury was caused by someone else’s negligence.

TPD claims

Usually, no time limits apply to TPD claims unless your policy explicitly states otherwise. However, it’s always best to file your claim as soon as possible. Over time, evidence can be harder to gather and super funds can be more likely to push back against claims.

Yes, you can claim workers compensation as a casual worker if you were working at the time of your construction site injury.

The only exception is if you qualify as a sole trader or independent contractor instead. In these cases, you may still be eligible for workers compensation benefits, but you’ll need to meet different requirements. To learn more, head to our guide to workers comp for sole traders and independent contractors.

If someone else caused the accident, you can sue for negligence after a building site injury. If the accident was caused by your employer’s negligence, you can make a common law damages claim. But if someone other than your employer caused the accident (such as someone who owns the building site where you were injured), you may have a public liability claim instead.

Examples of negligence

Common law damages claims

• Lack of proper safety gear: failing to provide essential protective clothing, footwear, helmets, gloves, or eye protection.
• Unsafe manual handling: requiring workers to lift heavy loads without assistance, proper training, or mechanical aids.
• Slip and fall hazards: leaving floors wet, uneven, or cluttered, leading to preventable falls.
• Poor training and supervision: allowing workers to perform high-risk tasks without proper instruction or oversight.
• Dangerous machinery and equipment: failing to maintain or replace faulty tools, exposing workers to serious injuries.
• Exposure to hazardous substances: not providing adequate protection against chemicals, dust, or asbestos.
• Ignoring safety complaints: failing to act on reports of unsafe work conditions, leading to preventable accidents.

Public liability claims

• Injuries caused by third parties: for example, a subcontractor, site visitor, or supplier negligently instructing you to do an unsafe task.
• Unsafe worksite conditions: such as faulty scaffolding, hazardous materials, or lack of proper safety measures managed by a third party.
• Defective equipment: for example, tools or machinery supplied by a company other than your employer.
• Slips, trips, or falls in shared spaces: such as a construction worker injured in an office, parking lot, or other non-worksite location.

How to prove negligence

To prove negligence on a construction site, you’ll need to meet four requirements:

1. A duty of care existed: you’ll need to show that your employer (or a third party) had a legal responsibility to keep you safe at work. Employers automatically owe this duty, but if you’re filing a public liability claim, you’ll need strong evidence that another party (such as a contractor or site manager) was responsible for your safety.
2. The duty of care was breached: you must prove that your employer or the third party failed in their duty of care. This could be through a negligent action (e.g. making you perform an unsafe task) or a failure to act (e.g. not providing proper training or safety gear).
3. The breach caused your injury: there must be a clear link between the negligence and your injury. This means showing that if the employer or third party had done had acted properly, your accident wouldn’t have happened.
4. Your suffered loss: you need to prove that your injury has led to losses, such as lost wages, medical bills, or pain and suffering (the physical and emotional impact of the injury on your life).

Importantly, you’re not expected to navigate this process alone. Our experienced construction accident lawyers handle negligence claims from start to finish, making sure you get the maximum payout. In fact, in over 25 years of representing injured workers, we’ve never lost a negligence case against an employer.

The time it takes to resolve your construction accident claim can depend on a few factors, including the severity of your injuries, the treatment you need, and how well your claim is prepared. Typically, claims are resolved within 12 to 18 months after your condition stabilises — meaning it’s unlikely to improve with time or further treatment.

With over 25 years of experience, our construction accident lawyers specialise in making the claims process smoother and faster — so you get the benefits you deserve sooner. To get a more accurate estimate of how long your claim might take, reach out to us today.

If your construction injury claim gets denied, you can appeal the decision. The exact way this happens depends on the type of claim you’re making.

Workers compensation claims

If you’re appealing a denied workers comp claim, wait for the insurer to provide a notice explaining why your claim was rejected. At this stage, you can ask for a review of the decision.

To succeed you’ll need strong new evidence showing the insurer made a mistake. It’s essential to speak to a lawyer before starting this complex process. You can find out more about what to expect in guide to appealing a denied workers compensation claim.

Common law damages and public liability claims

In the unlikely event your common law or public liability claim is denied, your lawyer will immediately begin building your appeal. We’ll review your claim, gather fresh evidence, and ensure your claim fits within all relevant time limits. Over the years, we’ve successfully helped hundreds of injured workers get their denied claims approved.

If you made your claim without a lawyer, make sure to get in touch before filing an appeal. The appeals process can be complex, and it’s essential to work with a construction claims expert to get the decision overturned.

TPD claims

If your TPD claim is denied, you have the right to appeal the decision. Every super fund’s appeals process varies slightly, but you’ll generally follow these key steps:

1. Request an internal review.
2. Submit a complaint through the Australian Financial Complaints Authority (AFCA).
3. Go to court.

To learn more about each option, head to our complete guide to appealing a denied TPD claim.

Getting temporary income support during the appeals process

During the appeals process, there may be a period when you’re temporarily without income. If that happens, make sure to make use of any employment benefits available to you, starting with:

• Sick leave (this won’t be paid out if you stop working).
• Annual leave.
• Long service leave.

Income protection

Your superannuation policy may automatically include income protection benefits, which can provide temporary financial support while you’re unable to work. If you’re unsure about your income protection options or super benefits, get in touch with us today. Our team will review your policy and give you a free assessment of what you’re entitled to.

Government unemployment benefits

You may also qualify for government benefits such as JobSeeker or the Disability Support Pension, which can offer additional financial support while you’re unable to work.

A construction injury lawyer specialises in securing compensation for workers injured on building sites. Over the years, we’ve helped countless construction workers identify every claim they’re entitled to and get the maximum payout for their injuries.

When you work with an experienced lawyer for construction injury, they will:

• Figure out what claims you qualify for and make sure you don’t miss out on any entitlements.
• Advise you on all time limits and take immediate action where necessary.
• Challenge insurer and super fund evidence to strengthen your case.
• Guide you through the claims process, especially if the insurer is delaying or offering an unfair settlement.
• Maximise your payout to ensure you get the full compensation you deserve.

Working with an expert construction accident lawyer makes the entire claims process easier and less stressful. Plus, with our No Win No Fee guarantee, there’s no risk in getting a lawyer. We cover all upfront costs and you won’t pay a cent unless we win your claim.