Can compensation be claimed if there is a work accident at the construction site?

Huynh NguyenJuly 14, 2022

The data produced by SafeWork Australia on a regular basis show that the construction sector poses significant dangers to its workers, resulting in serious injuries and fatalities. According to these statistics, the construction sector accepts roughly 12,600 workers compensation claims for injuries each year, corresponding to 35 severe claims every day. (For statistics and detailed information on the subject, you can take a look at the reports published by SafeWork Australia.)

Basic safety and health recommendations for construction workers

Health and safety should be planned in detail for each step of construction before beginning work in the area. It is more cost-effective and easier to manage the hazards that employees may face before they begin working in the field.
organising the work process in such a manner that the number of persons who may be injured is minimised (e.g., performing noisy works when the number of workers is low)
Performing control actions prior to the start of on-site work (e.g., planning, training, and maintenance activities)
Procedures for employee engagement and effective consultation on workplace health and safety problems are being developed.
Ensuring that all workers, including supervisors, are properly taught so that they can do their duties without endangering their own or others’ health and safety.

In order to protect the employer’s and project’s responsible workers’ health and safety,

Ensure that all employees are safe from injury.
Assess the dangers that cannot be avoided.
Address dangers at their source.
Prioritise communal security measures.
When there is no other option, take individual safeguards.
Procedures for dealing with emergencies should be created.
It should make certain that suitable training is provided.

During the risk analysis,

Potential dangers must be recognised, and hazards must be assessed.
The dangers posed by the threats should be assessed.
Actions should be taken to eliminate the hazards to which employees are subjected.
All of these phases and processes should be examined and monitored on a regular basis, with the failing components being evaluated.
Supervision and monitoring; This is a critical stage in evaluating the efficacy of the measures and ensuring that we comply with the law.

Hazards that are significant

On a construction site, a variety of causes might result in death, injury, or health concerns.

Falling from a great height is one among them,
Motor vehicle collisions,
Working under the ground during excavations,
Being struck by falling things,
Asbestos inhalation,
Carrying heavy objects might cause back strain,
Exposure to hazardous chemicals,
Loud noise causes hearing loss.

Is it possible to sue for compensation if an accident occurs on the construction site?

Yes. Because construction sites are also commercial places, people may be able to claim for injuries if they are injured there. Because each incident will have its own set of causes and outcomes, you can seek legal advice from workers compensation lawyers in Sydney.

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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 payouts.

Work health and safety (WHS) legislation in New South Wales (NSW) requires construction businesses to eliminate risks to employees’ health and safety, provide safety training, and obtain workers compensation insurance. An injured construction worker can be covered by their employer’s workers compensation insurer if they have workers compensation insurance. While a general contractor is typically seen as the employer on a construction site, this is not always the case since other contractors may be held accountable in the event of a worker’s injury.

What kind of compensation can construction workers receive for their injuries?

As a result of a work-related injury, you are entitled to compensation for medical expenditures, including home care, as well as loss of past and future income under the Workers Compensation Act 1987 (NSW).

You are also entitled to a lump sum payment if your physical injury is assessed at 11% whole person disability or more or you sustained a primary psychological injury with 15% or more whole person disability.

If your injuries are assessed at 15% whole person disability or more you can make a claim for work injury damages, if your employer was negligent, which may allow you to claim your future lost earnings until the age of retirement.

What is the procedure for claiming compensation for construction workers?

If you are an injured construction worker and wish to make a claim against your employer, you must first report the accident to your employer. Second, you must complete a “Worker’s Injury Claim Form” and submit it together with the Medical Certificate that your doctor must complete. The Medical Certificate should also document the details such as your, date and description of the injury and your return-to-work program.