Construction Accident Injury Compensation Claims
Key Takeaway: Injured construction workers in NSW can claim a lump sum once a physical injury is assessed at 11% whole person impairment or more, or a primary psychological injury at 15% or more. At 15% impairment you may also pursue a work injury damages claim if your employer was negligent.
Construction Injury Compensation: Quick Answers
Construction Accident Lawyers in NSW
The data periodically compiled by SafeWork Australia proves that the construction industry poses major hazards for its workers that cause serious injuries and fatalities. According to this data, around 12,600 workers compensation claims for injuries are accepted from construction industry each year, equating to 35 serious claims per day. If you have been injured during the course of work, you may be able to claim:
- Weekly wages
- Medical expenses
- Lump sum payment
- Domestic assistance
- Common law payout
In New South Wales (NSW), construction employers have certain obligations under work health and safety (WHS) law including the elimination of risk to workers’ health and safety, providing safety training and having a workers compensation insurance. Having workers compensation insurance enables an injured construction worker to be covered by their employers workers compensation insurer. Whilst a head builder is usually considered the employer on a construction site, it is not necessarily the case as other contractors can be liable regarding a worker’s injury.
What compensation can construction workers claim?
Under the Workers Compensation Act 1987 (NSW), you are entitled to compensation for medical expenses including home care and loss of past and future income as a result of a work-related injury.
You are also entitled to a lump sum payment if your physical injury is assessed at 11% whole person impairment or more or you sustained a primary psychological injury with 15% or more whole person impairment. If your injuries are assessed at 15% whole person impairment or more you can make a work injury damages claim, if your employer was negligent, which may allow you to claim your future lost earnings until the age of retirement.
How do construction workers claim compensation?
If you want to make a claim against your employer as an injured construction worker, you should first report the accident to your employer immediately. Secondly, you need to fill out a “worker’s injury claim form” and submit it together with the Medical Certificate which needs to be completed by your doctor. The Medical Certificate should also document the details such as your, date and description of the injury and your return to work program.
Who can you make a claim against as a construction worker?
As a construction worker you may be injured due to negligence of someone other than your employer since there are usually more than one businesses involved in building sites.
In such cases, you may make a claim against a contractor who is not necessarily your employer per the Civil Liability Act 2002 (NSW). This claim could be brought in addition to a workers compensation claim depending on the circumstances.
Construction Injury Compensation FAQs
No win no fee construction accident lawyers
Whilst injuries that arise in construction sites are unfortunate, a piece of fortunate news is that at least you can obtain legal advice and representation without having to pay out of pocket due to our No Win No Fee lawyers in Sydney and Parramatta. Our No Win No Fee policy means that only if or when you get compensation you pay our legal costs disbursements. That means that if you are not successful in getting compensation then you are not liable to pay our costs and disbursements.
Why should I hire a construction accident lawyer?
How long after a construction accident can I claim compensation?
Do I have to be in Sydney to make a construction injury claim?
When should I speak to a construction accident lawyer?
How much compensation can I get from a construction accident claim?
What are the most common types of accidents in the construction industry?
What happens at a free initial consultation with Withstand Lawyers?
Your first consultation with our construction injury lawyers is free and carries no obligation. We review how your accident happened, confirm whether you meet the 11% or 15% whole person impairment thresholds for a lump sum, explain your entitlements, and outline the No Win No Fee process before you decide your next step.
About the author
Issa Rabaya · Principal Lawyer and Director
✓ Admitted to the Supreme Court of NSW and High Court of Australia ✓ LLB ✓ IRO-approved ✓ Law Society of NSW
Acts for injured people in CTP, workers compensation, TPD and public liability claims.
Why Choose Withstand Lawyers for Your Construction Injury Claim?
A serious construction site injury can change your life, and you deserve a team that treats your claim with the care it demands. Withstand Lawyers brings decades of combined experience helping injured construction workers across NSW claim the workers compensation, lump sum and work injury damages they are entitled to. We explain every entitlement, including the 11% and 15% whole person impairment thresholds, in plain terms so you always know where you stand. Withstand Lawyers acts on a No Win No Fee basis, so you can pursue your construction injury claim with confidence and no upfront cost. Over $47 million recovered, 99% success rate, no win, no fee.
Call Withstand Lawyers on 1800 952 898 for your free claim check today.
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