Workers’ compensation entitlements for construction workers in Queensland

Construction sites expose workers to many potential hazards, including those related to manual handling, working at heights, interacting with electrical systems and operating near large moving machinery. For those injured on the job, worker’s compensation is a vital safeguard which can provide essential support and financial relief.

In this blog, we explore the rights and entitlements for construction workers injured at work and seeking workers’ compensation benefits under the Queensland WorkCover scheme.

In Australia, it was revealed by the Key Work Health and Safety Statistics Report 2024 that the construction industry accounted for 12% of all serious work-related injury claims between 2022 and 2023, making it the second-highest sector for such claims during this period. These figures highlight the critical importance of workers understanding their rights to worker’s compensation and knowing when they might be entitled to pursue a common law claim for damages. Awareness and action are key to navigating these challenges and securing the support workers deserve.

Common injuries on construction sites

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

Falls from heights

The Key Work Health and Safety Statistics Report 2024 revealed that the number of deaths attributed to falls from heights increased in 2023, making them the second leading cause of overall worker fatalities in Australia.

Electrocutions

Construction sites can expose workers to faulty wiring, exposed power lines or the improper use of electrical tools, which contribute to many injuries each year.

Repetitive strain and overexertion

Heavy lifting and repetitive movements are common in construction workplaces. These movements can cause immediate injuries or, over time, contribute to musculoskeletal injuries.

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. In 2023, 6% of workplace fatalities in Australia were made up of workers being hit by falling objects, as detailed in the Key Work Health and Safety Statistics Report 2024.

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 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 (a common law claim, which we explore further below) if an employee is injured due to unsafe working conditions.

Immediate steps to take if injured on a construction site

If you are injured at a workplace construction site, ensure that your first priority is to seek medical attention. Beyond that, you should take the following key steps to ensure your financial well-being 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/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 worker’s compensation claim. A work capacity certificate is different to a standard sick leave certificate. It’s 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.

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.

GET ADVICE FROM A WORKER'S COMPENSATION LAWYER:  1800 659 114

Workers’ compensation entitlements

WorkCover Queensland statutory entitlements

You may be eligible for statutory compensation through WorkCover or your employer’s self-insurer. Workers who are injured at work or on the way to work may be eligible for the following 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 which 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 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 - This might include compensation for specific lifestyle changes, treatment expenses or additional care needs which may arise from your injury.

Pursuing a common law claim may help you secure financial support which 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’s determined that you have a permanent impairment (under your statutory entitlements), it’s 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.

GET ADVICE FROM A WORKER'S COMPENSATION LAWYER:  1800 659 114

Time limits for workers’ compensation claims in Queensland

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.

Get help from a workers’ compensation lawyer

The construction industry plays a major role in Australia’s economy, but it often poses significant risks to workers. Construction workers are entitled to a safe workplace and have the right to take action if those rights are breached.

If you have been injured while working on a construction site, don’t navigate the process alone. Contact Hall Payne Lawyers for expert legal advice tailored to your situation. Our team is here to ensure you receive the support and compensation you deserve.

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.

Phone: 1800 659 114
Email: general@hallpayne.com.au