Workers’ compensation entitlements for construction workers in Queensland

Construction Workers’ Compensation QLD: Your Entitlements After an Injury

Construction Workers’ Compensation QLD is an important safeguard for workers injured on building sites, civil works projects and other construction workplaces. Construction sites expose workers to many hazards, including manual handling, working at heights, electrical systems and large moving machinery. For those injured on the job, workers’ compensation can provide essential support and financial relief.

In this blog, we explore workers’ compensation for construction workers in Queensland, including your rights, WorkCover entitlements, construction injury compensation, and when to seek advice from a QLD construction worker injury lawyer.

Construction Site Injury Risks in Queensland

Construction workers need to understand their rights to workers’ compensation and know when they might be entitled to pursue a common law claim for damages. Awareness and early action are key to navigating these challenges and securing the support workers deserve.

Common Construction Workplace Injury Types

Due to the nature of the work on construction sites, there are specific types of injuries that are more prevalent in these types of workplaces.

Falls From Heights

Falls from scaffolding, ladders, roofs or elevated work platforms remain one of the leading causes of serious injury on Queensland construction sites. These incidents can result in fractures, spinal injuries or traumatic brain injuries, particularly where fall protection systems are inadequate or not properly used.

Electrocutions

Construction workers regularly work near live electrical wiring, power tools and temporary site wiring, creating a real risk of electric shock or electrocution. Injuries can range from burns and nerve damage to cardiac arrest, especially where equipment is faulty or safety switches are not in place.

Repetitive Strain and Overexertion

Manual handling tasks such as lifting, carrying and operating heavy tools can lead to repetitive strain injuries and musculoskeletal damage over time.

Struck-By Accidents

Moving vehicles or swinging equipment can cause serious injuries if workers are not aware of their surroundings and are not following safety protocols.

Employer Responsibilities to Provide a Safe Working Environment

Employers are obligated by law to provide safe working environments for their employees. In the construction industry, in particular, these generally include:

• conducting regular safety assessments to identify and address potential hazards;
• providing personal protective equipment such as helmets, gloves and high-visibility clothing;
• ensuring workers are adequately and regularly trained and aware of relevant risks;
• enforcing applicable safety protocols.

Failure to meet these obligations can result in considerable legal consequences for employers, both under work health and safety laws, which can lead to significant fines, and workers’ compensation claims. A breach of the employer’s duty of care can lead to a potential claim for negligence, also known as a common law claim, if an employee is injured due to unsafe working conditions.

Immediate Steps If You Are Injured on Construction Site

If you are injured on a construction site in Queensland, prioritise seeking medical attention. Beyond that, you should take the following key steps to ensure your financial wellbeing and legal rights are maintained:

Report the Incident to Your Employer

Notify your employer or site manager as soon as possible in order to create an official record of the incident.

Preserve Evidence

If it is safe to do so, take images or videos of the site where the injury occurred. Collate incident reports and any other relevant information or documentation, including contact details of any witnesses.

Obtain a Work Capacity Certificate

Your doctor will complete a work capacity certificate, which is required in order to lodge a workers’ compensation claim. A work capacity certificate is different from a standard sick leave certificate. It is important that you advise your treating doctor that your injury is work-related.

Lodge a Workers’ Compensation Claim

You have 6 months to lodge a claim with WorkCover Queensland or your employer’s self-insurer. You should do this as soon as possible after the incident. You may be entitled to claim for reasonable medical expenses, past loss of income and a lump sum payment for permanent impairment.

WorkCover Queensland states that injured workers should see a doctor as soon as possible, ask for a work capacity certificate, and then use the online claim form to lodge a claim.

Seek Legal Advice

Contact our experienced personal injury lawyers at Hall Payne Lawyers for a free consultation to understand your options and ensure you receive the full compensation you are entitled to.

QLD Workers Compensation Entitlements for Construction Workers

You may be eligible for statutory compensation through WorkCover Queensland or your employer’s self-insurer. Workers who are injured at work or on the way to work may be eligible for the following construction accident compensation:

• Medical expenses, covering treatment costs, hospital visits, surgeries or rehabilitation;
• Weekly payments, providing financial support for lost wages during recovery;
• Lump sum payments, compensating for permanent impairments that may result from the injury.

If your injury was caused by your employer’s negligence, you might be eligible to make a common law claim for damages. Negligence can occur when an employer fails to meet their duty of care, such as not providing proper training, failing to maintain equipment, or ignoring known safety hazards.

Common Law Construction Accident Claims Due to Negligence

In addition to your statutory no-fault scheme entitlements outlined above, if your injury was caused by the negligence of another person or entity, you may also be entitled to common law damages.

A common law claim can provide compensation for:

• Pain and suffering, acknowledging the physical and emotional toll of your injury;
• Past economic loss, covering past lost income and superannuation;
• Future economic loss, covering future anticipated lost income and superannuation if your injury will affect your earning capacity in the long term;
• Other damages, which might include compensation for specific lifestyle changes, treatment expenses or additional care needs that may arise from your injury.

Pursuing a common law claim may help you secure financial support that is tailored to the specific impact of your injury. It is important to seek legal advice early to understand your options and maximise your entitlements.

Importantly, if it is determined that you have a permanent impairment under your statutory entitlements, it is crucial that you seek legal advice as soon as you receive any offer for lump sum compensation before accepting that offer to ensure you protect any future right you may have to a common law claim.

Time Limits for Construction Accident Settlement and Compensation Claims

Strict time limits apply to both WorkCover claims and common law claims:

• Workers’ compensation claims must be lodged within six months from the date the entitlement to compensation arises;
• Common law claims typically must be commenced within three years from the date the cause of action arose.

It is important to act promptly and seek legal advice early, as missing these deadlines can result in loss of your right to compensation.

Contacting Hall Payne Lawyers

You can contact us by phone or email to arrange your consultation, either face-to-face at one of our offices, by telephone or by videoconference consultation. If you need help with a construction workers’ compensation claim in QLD, want to understand how to claim workers’ compensation after a construction injury, or need advice from construction injury lawyers, Hall Payne Lawyers can help.