We are Construction Accident Lawyers in Brisbane
Construction Accident Lawyer’s Ready To Help
Our construction accident lawyers understand that construction work can be very dangerous despite work health and safety requirements and precautions. These worksites can be more dangerous because there are often multiple businesses performing multiple trade tasks to competing timelines at the same time and in the same location. Additionally, construction work often involves vehicles, machinery and equipment which can cause serious injury or death if used negligently, dangerously or in breach of safety requirements. Investigation of construction accidents can also be complicated by the involvement of Work Health and Safety Queensland (WorkSafe), the Division of Electrical Safety and the Coroner’s Office. Contact Rin Kim Law as soon as possible to arrange your complimentary and obligation- free consultation to discuss your situation, your prospects of successfully pursuing a common law damages claim and the relevant claim process and timeline.
Why it is important to choose the right Construction Accident Lawyer
Assistance to secure compensation for construction injuries
At Rin Kim Law we understand the rules, regulations and Codes of Practice applicable to the construction industry. Our lawyers are available to guide you through every step of the initial claim and subsequent legal process – from filing the initial claim to negotiating with the relevant workers’ compensation insurer and representing you in court. Contact Rin Kim Law as soon as possible to arrange your complimentary and obligation- free consultation to discuss your situation, your prospects of successfully pursuing a statutory benefits and common law damages claim, and the relevant claim process and timeline.
How to Make a Claim for a Construction Accident at Work
Understanding Compensation for Construction Accident Claims
Medical Expenses
Lost Wages
If the injury prevents the worker from working in part or at all for any period, they may be entitled to a weekly payment to cover a portion of their lost income.
Permanent Impairment
The worker may be entitled to a lump sum payment if the injury results in permanent impairment as assessed by an appropriately qualified medical expert or Medical Assessment Tribunal, depending on the nature of the injury.
Death Benefits
What Happens if You Are Injured in a Construction Accident at Work?
When to Contact a Construction Accident Lawyer
Construction workers are at a higher risk of injury than many other types of workers. The nature of the job involves exposure to heavy machinery, dangerous plant and equipment, working at heights and a highly fluid and variable workplace with multiple dangerous activities being conducted by multiple employers at the same time, all of which can lead to serious injuries or death if proper safety precautions are not followed.
If you are a construction worker injured on the job, knowing how to make an injury claim and receive timely and appropriate compensation is important. Contact Rin Kim Law as soon as possible to arrange your complimentary and obligation- free consultation to discuss your situation and the relevant claim process and timeline.
3 Steps to Take When You Are Injured at Work
Report the Injury Immediately
1. Report the Injury Immediately
The first step is to report the injury to your employer. Reporting the injury should be done as soon as possible after the accident, as the longer it takes for a work injury to be reported the greater the likelihood that the employer and workers’ compensation insurer will dispute that the accident occurred or that the claimed injury is actually work related. Any dispute over whether a claimed injury was sustained at work and compensable can significantly lengthen and complicate your claim process. While a claim is disputed or rejected, you will receive no workers’ compensation benefits; so you may be forced to use accrued personal and annual leave or take unpaid leave and pay medical treatment costs from your savings. Once notified, your employer will also need to complete an incident report to confirm the work injury to the workers’ compensation insurer. Benefits are only paid by the workers’ compensation insurer once all the notification formalities have been complied with and they have made a determination that the injury is compensable as a “work injury”.
2. Seek Medical Attention
Always seek medical attention for your injuries as soon as possible after sustaining them. Getting a proper diagnosis and treatment as soon as possible is important for your health and well-being and your injury claim. Make sure that your treating doctor records all of your accident injuries and not just the most serious ones. Occasionally what seems to be a minor initial problem lingers the longest, and the workers compensation insurer regularly declines to fund benefits for conditions not initially notified to them. Keep all your medical bills and records, as these will be needed for your claim and should be submitted as soon as possible to the workers’ compensation insurer for reimbursement. Reimbursement may occasionally only be made with medical certification – so if you have a major medical aid purchase recommended to you (such as an orthopaedic bed or mobility device), it is prudent to seek the workers’ compensation insurer’s pre-approval prior to incurring the expense in order to ensure that it is reimbursed.
3. Workers' Compensation
Once you have reported the injury and received medical treatment, you can claim an injury through your employer’s workers’ compensation insurance. The workers’ compensation insurer will review your claim application and your employer’s incident report and determine whether your injury will be accepted as a “work injury” and notify you accordingly. A case officer will be allocated to your claim and they will liaise with you about your claim and the entitlements you will receive. You should note that the case officer is fulfilling a statutory function, and may not make decisions in your favour or interests.
Frequently Asked Questions
What are the common causes of falls on construction sites?
Falls are a leading cause of injury in construction. Workers may fall from roofs, ladders, or scaffolds, or into trenches and excavations, potentially resulting in serious injuries like broken bones, head trauma, and spinal cord injuries or even death. Proper fall protection equipment, such as helmets, harnesses, safety nets, excavation barriers and adequate training are essential to prevent these incidents.
What are struck-by accidents, and how can they be avoided on construction sites?
What risks do hazardous materials pose to construction workers?
Exposure to hazardous materials like asbestos, lead, and silica can lead to severe health issues, including lung cancer and silicosis. To mitigate risks, workers should be equipped with appropriate protective gear and trained to handle these materials safely. Some products are now illegal to use and need to be removed from the workplace and production processes.
