As labour statistics show, the construction industry is one of the most hazardous sectors of the economy in which to work.



Research by Workplace Health and Safety Queensland showed that from 2015–16 to 2019–20, the construction sector accounted for an average of 10 fatalities each year.

In better news, the serious injury claim rate fell by 2.4 per cent per annum for the sector over the same period. Body stressing (27 per cent), being hit by moving objects (23 per cent), and falls, trips and slips (20 per cent) were the most common types of injuries over this period, caused mainly by materials, substances, tools, equipment, machinery and transport.

The risks posed by working in the construction industry make it essential for workers to know their options should they be injured on site. From medical costs to time off work, this post looks at how a worker can be compensated when injured on a construction site.

Making a workers’ compensation application

Workers in Queensland are covered by workers’ compensation insurance in the event they suffer an injury in the course of their employment. An application for workers’ compensation can cover loss of wages, medical expenses and rehabilitation costs.



The process begins with a medical assessment as soon as possible after the incident that caused the injury. Many construction sites will have a designated first aid officer who can treat an injury that needs immediate attention. If, however, you need to visit a hospital or a GP, any costs will be covered by WorkCover. If you have the presence of mind to do so, you should keep records of all expenses involved in having the injury assessed – from transport costs to medical expenses.

Most construction and building sites will also ask an injured person, their immediate supervisor and anyone else involved in the incident to contribute to an extensive incident report form. An injured worker should be provided with a copy of this form, as well as contact details and/or statements from any colleagues who witnessed the incident – these can be crucial if you later make a common law claim against the employer (discussed below).

To make a workers’ compensation claim with WorkCover Queensland, an injured person first needs a work capacity certificate from a doctor. This document provides information to the insurer about the injury including:

• the injury’s diagnosis;
• your work capacity, including what you can and can’t do in terms of your normal work duties;
• a rehabilitation plan for returning to work, including suitable duties;
• treatment and rehabilitation time frames, or;
• a clearance certificate stating the work-related injury has resolved or that the worker has a full capacity for work.

Once in possession of the certificate, an injured worker can file the claim to WorkCover. An employer is obliged to help you in making this claim, though a worker is entitled to deal directly with the authority on their own.

Time limits on statutory workers’ compensation claims are important. They should be made within 20 business days of the injury or, at the latest, within six months of the incident.

WorkCover has 20 business days to respond to the claim. If it is accepted, benefits covering lost wages and payment of medical expenses will commence. If the claim is rejected, WorkCover may seek more information from the injured worker and/or their doctor and employer. They may also insist on a further medical assessment by a specialist of its choosing. WorkCover may also suggest the injury is an aggravation of a pre-existing injury, which can still be compensated provided the aggravation occurred at work and not elsewhere.

Lump sum payments: Once your work injury has stabilised and the treating doctor or specialist believes it will neither improve nor deteriorate any further, WorkCover will ask you to undertake an Independent Medical Examination. This process will result in an assessment of your degree of permanent impairment from the injury, detailed in a notice of assessment. If you have suffered permanent impairment, WorkCover will offer you a lump sum compensation amount. 

If your degree of permanent impairment is assessed as less than 20 per cent, however, an injured worker must make a decision between accepting a WorkCover lump sum payment and making a common law claim, also known as a work injury damages claim. If successful, the latter type of claim will usually provide a higher compensation pay-out than the WorkCover lump sum.

Work injury damages claims

Aside from a statutory workers’ compensation claim, an injured worker can also make a work injury damages claim if they believe their injury was the result of the negligence of an employer or a co-worker.



Compared with white-collar occupations, for example, this type of claim is more common in the construction industry. Despite the expansion of strict occupational health and safety standards, unsafe work practices, faulty equipment and other risks inherent in a physically demanding setting remain a source of injuries at construction and building sites.

A work injury damages claim must be commenced within three years of the occurrence of the injury and expert Gold Coast compensation lawyers such as Lifestyle Injury Lawyers should be consulted before making such a claim. The claim can be made for an injured person’s:

• pain and suffering;
• lost wages and future loss of wages;
• past and future loss of superannuation;
• treatment expenses not paid for by WorkCover;
• the cost of any future treatment for your injuries.

This claim relies on proof of negligence of the employer or a work colleague, requiring supporting evidence from work colleagues and medical experts about the extent of the injury. For these reasons, expert legal guidance is essential.

Public liability claims: It should be noted that in some situations construction site workers injured on site may also be able to make claim a claim under public liability insurance, in addition to a WorkCover claim. Workers injured while employed under a labour-hire arrangement may be able to make this type of claim. Similarly, a person injured on a construction site controlled by a company other than the worker’s employer, or where the injury was caused by or contributed to by another employer, may have grounds for a public liability claim. Legal advice should be sought before commencing this claim, particularly if you’ve already made a workers’ compensation application.

Contact compensation law professionals

Whether you’re making a claim under Queensland’s workers’ compensation scheme or a common law damages claim, the assistance of legal professionals with an established track record in compensation claims is crucial.

Bringing together evidence, arranging medical assessments, filing paperwork, meeting legal time limits and dealing with large insurance companies are all difficult and time-consuming tasks in making a compensation claim. When you’re also trying to recover and rehabilitate from an injury, entrusting your case to Lifestyle Injury Lawyers is a sensible way to reduce the stress and time involved in making a claim.