Construction accidents can result in traumatic and long-lasting injuries. Like any employer, any owner of the construction site you are working on have an obligation to eliminate all potential hazards and risks on the particular work/job site. Unfortunately, accidents still happen. Construction sites come with daily safety hazards, as they are extremely hazardous environments to work in and a wide range of injuries can occur.
The leading causes of injuries at construction sites may include, but are not limited to, the following:
- Working at elevated heights, which exposes construction workers to the risk of falls, whether from scaffolds, ladders, or roofs.
- Being struck by falling objects, such as tools, equipment, or building materials or caught in or between objects,
- Heavy lifting, repetitive movements, and prolonged manual labour and physical exertion,
- Operating heavy machinery, such as cranes, forklifts and bulldozers,
- Electrocution,
- Being exposed to toxic and/or hazardous chemicals,
- Using defective equipment, machinery and/or tools which may lead to injuries.
It has been reported by SafeWork NSW that falls from heights are the leading cause of traumatic injuries and fatalities in the NSW construction industry, closely followed by contact with electricity. In the construction industry alone, 15,600.00 “serious claims” were lodged in the years 2021 to 2022. Serious claims include all workers compensation claims that result in a total incapacity from work of one working week or more (Safework NSW, Key Work Health and Safety Statistics Australia, 28 September 2023).
THE WORKERS COMPENSATION SCHEME
In NSW, the Workers Compensation Act 1987 (NSW) provides a framework to address such incidents, offering support and compensation to workers who sustain injuries while on the job. If you would like to know more behind the process of workers compensation claims in NSW, you can find more information on our website here. The expert Team at Trump Lawyers represent construction workers and help them ensure they receive the compensation they deserve while working to help them get the best result possible while maintaining high standards of ethics, care and professionalism.
So what happens when you are injured while working on a construction site?
If you have been injured while working at a construction site, the initial step is to report the injury to your employer as soon as possible and seek medical attention for your injuries.
The NSW workers compensation scheme is a no-fault system providing workers with financial benefits after suffering injuries at work. Injured workers are entitled to compensation in the form of weekly (wage) payments, medical, hospital and rehabilitation expenses, domestic assistance and lump sum compensation for permanent impairment if your injuries are assessed at 11% whole person impairment (“WPI”) or more. This is the initial stage of a workers compensation claim and the scheme is designed to provide quick and effective relief to injured workers without the need to prove fault on the part of the employer.
Can you sue for negligence if you were injured on a construction site?
That depends. While the workers compensation scheme is no fault, you may still have the option to sue for negligence if you have been assessed with a permanent impairment of 15% and above, which is known as a Work Injury Damages (“WID”) claim. A negligence claim may provide compensation for past and future loss of income (economic loss) as well as past and future loss of superannuation.
Serious Injuries and Claims Beyond Workers’ Compensation
Total and Permanent Disability (“TPD”) insurance is designed to assist workers who are unlikely to return to work due to their injuries, providing a lump-sum payment that can support their financial needs. For more serious and permanent injuries, it is also possible to make a TPD claim through your superannuation fund, particularly if you have Total and Permanent Disability (“TPD”) coverage.
What many construction workers do not know is that depending on the circumstances of the accident, it is also possible to sue against a third party other than your own employer if it could be established that the third party had any responsibility and played a role in your injury. For example, you may pursue a public liability claim if you injured yourself on the premises of the company that hires workers from a labour hire agreement that it may have entered into with your employer (known as the “host employer”).
If you were injured at a construction site while using a tool or defective equipment, you may also have a product liability claim against the manufacturer of the product. This can be a complicated area of law which may involve complex liability issues so you should not hesitate to explore your options with the help of a specialised personal injury lawyer.
Case Study – $1,100,000.00 received in compensation after a traumatic construction injury
CASE SUMMARY
We acted for a client who was involved in a traumatic injury at a construction site. He was working at a height of 7 metres and was crushed by two large steel mesh security screens. Our client sustained significant injuries to his left ankle and was taken by ambulance to hospital where he had surgery to repair his left ankle. He also suffered consequential injuries to his lower back and severe scarring.
Our client had initially instructed another law firm to represent him in a lump sum permanent impairment claim. He was assessed by a specialist medical assessor arranged by his previous solicitors at 11% whole person impairment (“WPI”). He would receive $23,790.00 clear to him based on this permanent impairment rating. Clearly, for an individual suffering significant injuries of a permanent nature, this outcome was not very favourable to our client. Not only was he limited in the compensation he would receive, but based on this permanent impairment rating, he would not be able to sue his employer for negligence by pursuing a work injury damages claim. The claim would have ended there.
It seemed that all hope was lost and that was the end of it. But that was far from the truth.
Dissatisfied with this outcome, our client came to our firm seeking a second opinion. After conducting a thorough review of the case and evidence, we were of the view that a medical re-assessment from another qualified specialist was required. Our client was re-examined, and his injuries were assessed at 16% whole person impairment. This not only entitled him to lump sum compensation in the sum of $39,340.00, but also opened up the path of pursuing a work injury damages claim against his employer.
Suing the employer for negligence
With the new permanent impairment assessment, we moved forward and made a claim against his employer for work injury damages, arguing that the injuries were sustained as a result of their negligence. The case involved the following process:
- Obtaining further evidence in the form of medical records, medical reports, financial loss documents and statements from the client and loved ones,
- Obtaining further detailed evidence to show the employer failed to maintain a safe working environment.
After extensive preparation of the matter, we highlighted the impact the traumatic injuries had on our client’s social life, personal life, work life and quality of life, including his ability to earn an income. After negotiating with the insurance company, the case was settled for $1,100,000.00 which our client was very pleased and satisfied with.
This success shows how important it is to have proper legal representation in work injury damages claims. If you are not happy with an outcome it is always good to seek a second opinion. For those suffering from workplace injuries, including injuries sustained in the construction industry, finding an experienced lawyer who can guide you smoothly through the process of personal injury law is not just an option—it is a necessity for appropriate and fair compensation.
At Trump Lawyers, our team are experts in Workers Compensation claims and we often assist our clients with their lump sum compensation claims to ultimately pursue a work injury damages claim. Your claim is run with precision and a great amount of attention to detail to obtain the maximum settlement amount to compensate you for the serious injuries you have sustained at work.
Diana Joseph Solicitor P: 02 9724 2549
