Construction Accident Injury Compensation Claims
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Principal Lawyer and Director · Last updated 23 September 2026
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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 $60 million recovered, 99% success rate, no win, no fee.
Call Withstand Lawyers on 1800 952 898 for your free claim check today.
“Working with Esther has been an absolute blessing during an incredibly difficult time. Anyone who has ever had to navigate an insurance claim knows just how difficult, overwhelming, and anxiety-inducing the entire process can be. Before reaching out to Withstand Lawyers, I was constantly stressed and deeply overwhelmed by the system. The firm made the initial intake process incredibly smooth, and they placed me in the hands of my lawyer, Esther. From that moment on, from the first conversation, I finally found my solid ground. Esther has completely transformed how I navigate this unfortunate situation. Because she handles my matter directly, I have a direct line of contact with her and never have to jump through hoops to get support. Esther’s presence alone has given me immense confidence in my claim. What sets her apart is her perfect balance of professional mastery and genuine empathy. As a client, having a lawyer who truly listens and supports you when your mind is filled with doubt is a massive relief. She doesn’t just manage a file — she consistently protects her client’s peace of mind. Her recommendations are always highly logical, realistic, and clear-cut. She cuts through the legal confusion and tells you exactly where you stand, which is exactly what you need during the hardest times of your life. I feel incredibly lucky to have Esther and her team at Withstand Lawyers by my side. For anyone out there facing a difficult time with an insurer and looking for a legal advocate who offers absolute clarity, strength, and compassion — I cannot recommend Esther highly enough. She is a truly admirable professional who genuinely cares about the people she protects. Truly grateful!” “I have searched top lawyers (personal injury) in Sydney. I found Withstand Lawyers so I rang them up and asked I need lawyers that are nicer and more understanding despite what I am going through. They exceeded my expectations especially Issa, he always remind everyone to be more cautious when speaking to me and I really appreciate that. I am satisfied that my case (MVA) turned out to be successful. Withstand lawyers is more than 5 stars. Can’t recommend highly enough.” “I would like to express my deepest appreciation for the incredible support I’ve received over the past 4.5 years. My case has been long, complicated, and filled with challenges, but Issa and his team stood by me through every step with genuine care, professionalism, and dedication. Their compassion has meant just as much to me as their legal expertise. They didn’t just handle my case, they helped me through some of the most difficult years of my life. I wholeheartedly recommend them to anyone who needs genuine support, honesty, and a team that truly cares about your wellbeing.” “Thank you Withstand Lawyer for your exceptional work, professionalism and easy process for successfully assisting me with my TPD claim. I am thankful for your support. I highly recommend Withstand Lawyers and the services they provide.” “Had a very positive experience with Withstand Lawyers. The team was professional, knowledgeable, and supportive throughout the entire process. They took the time to explain everything clearly, kept me informed at every stage, and responded promptly to my questions. Their attention to detail and commitment to achieving the best possible outcome gave me confidence from start to finish. I truly appreciate their dedication and excellent service, and I would highly recommend Withstand Lawyers to anyone looking for reliable and trustworthy service.” Every claim is handled by a personal injury lawyer with dedicated workers compensation and work injury experience. Issa Rabaya Director, Lawyer Founder and Director with 12 years' experience since his 2014 admission, previously at the largest litigation law firm in Australia. A personal injury lawyer for serious injuries, leading Withstand Lawyers' work across every claim type, with settlements reaching into the millions, including a $6.3 million motor vehicle accident result. Esther Ihn Senior Associate Senior Associate with over a decade of experience exclusively in personal injury claims since 2014, handling hundreds of matters across motor vehicle accidents, workers compensation, work injury damages and public liability. The team's go-to for serious-injury claims. Chenoa Ingram Lawyer · 4+ yrs experience Lawyer with 4+ years' hands-on experience in personal injury claims, built inside the firm before her 2026 admission, known for being organised and efficient in progressing clients' workers compensation, work injury damages, public liability and TPD claims. Lauren Bergan Lawyer · 4+ yrs experience4.9 ★ — 265+ Reviews
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