Last Updated on August 23, 2024 by Admin
Construction sites, by their physically demanding nature, create many potential dangers. Usually, the client, contractor, and workers only want to get the job done with the result that safety measures are often neglected.
As can be expected, workers in the industry are especially prone to experience undesirable injuries in the workplace.
The Health and Safety Act of 2011, with its regulations, places onerous precautionary measures on businesses operating in the construction field to protect employees and the public.
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Am I eligible for a construction site injury claim?
If you are in an unfortunate accident on a construction site during work and it was another person’s fault, you may be eligible to claim compensation. The accident needs to be a result of the negligence of your employer or a colleague. For example, the scaffolding you were working on collapsed because it was not adequately secured.
All employers need to have a workers’ compensation insurance policy to fund workplace injuries and a return to work plan. WorkCover is a government-related insurance scheme.
Many questions and uncertainties probably weigh heavily on you, so the best thing to do is to discuss your case with a professional personal injury lawyer at Smith’s Lawyers; there is no cost involved.
What are the categories of common injuries?
A study published by Workplace Health and Safety Queensland and based on the preceding five years of research looked at cases where 60 or more workdays compensation was awarded. They found that 80 percent of the claims were either:
- body stressing results from muscle strains while lifting or handling objects.
- falls, trips, and slips included falling from heights or at a level.
- being hit by a moving object.
The most common instruments which caused the injuries were:
- material and substances (30%)
- non-powered hand tools, appliances, and equipment (25%)
- environmental agencies (15%)
- mobile plant and transport (9%)
- machinery and fixed plant (8%)
What are the specific types of most common injuries?
Common injuries include:
- Head and brain injury
- Back, spine, and shoulder strains
- Hand and wrist injuries
- Knee and lower limb injuries
- Fractures and open wounds
- Shock, anxiety, and depression
- Electrocutions
- Paralysis, whole or partial
Scenarios for accidents are plentiful, and the trends have shifted slightly. WorkSafe has reported an increase in injuries involving cranes and similar equipment, although the injury rate has fallen. There are manuals and specific regulations prescribed on the usage of cranes.
In carrying out inspections, they found that scaffolds were often not adequately compliant with the Scaffolding code of practice. Collapsing scaffolding is another common cause of accidents. The purpose of WorkSafe is to provide information and services for workplace health, safety, and workers’ compensation in Queensland.
What is the process to follow to make a claim?
After you have notified your employer of the injury and depending on your circumstances, the process generally entails the following:
- Get together all the initial information about the accident and your injuries.
- Make sure that your claim has been lodged with the insurance company.
- Provide additional information (especially medical evidence) to the insurer as they require it on an ongoing basis.
- Inform the insurer about the rehabilitation you require.
- Co-operate with the insurer if they require you to undergo other medical assessments.
- Negotiate a settlement with the insurer once your injury has stabilised,
- Consult with a lawyer to institute a court claim if you cannot reach an agreement.
What can I claim for under-construction site injury?
You can potentially claim for the following:
- Medical and hospital expenses
- Past and future loss of income
- Rehabilitation and care
- Permanent impairment
- Pain and suffering
What is the time limit to make a compensation claim?
The general rule is that you must claim compensation within three years of the date of the accident. You should report the accident to your employer, who notes the incident in the accident register and notifies the insurer.
How long will a compensation claim take?
Each case depends on the facts of the matter and the severity of your injuries. It takes time to undergo treatment and for your injuries to heal properly. You must diligently keep and forward any new medical evidence of your injuries.
Construction site injuries usually take a year or two to stabilize.
Related Posts:
- Steps to Take After a Construction Site Injury
- Contracts Engineer Job Description and salary details
- Safety Precautions for Common Construction Risks
- Oresky Law: They’ve Got Your Back
How much compensation will I receive?
The compensation you will get depends on the specific factors of your unique case, such as the nature of the injuries, the type of claim, and your working environment.
When you discuss details of your case with an expert personal injury lawyer, like Smith’s Lawyers, they can give you a more accurate guestimate of what you can expect.
Conclusion
Employers and business owners in the construction industry have a legal responsibility to take stringent preventive measures to provide a safe work environment. Employers must ensure the safe use, handling, and storage of machinery, structures, and substances that can cause harm.
They must manage all the risks in their particular industry and implement effective risk management processes. As a worker, you are entitled to receive the training, instruction, and supervision needed for safety.
Personal injury lawyers provide a No-Win No-Fee service to workers who find themselves in this challenging and distressing situation.
This means that you only pay expenses and fees when your claim is finalised, and it is successful. You can rest assured that these lawyers will provide legal guidance and much-needed personal support along the way.
