Workers' compensation lawyers representing construction workers injured on building and construction sites.
What we can help you with.
We act for people across the full range of building and construction injury claims including:
- Falls from heights, including scaffolding and roof accidents
- Crane, hoist, and heavy machinery accidents
- Electrical injuries and power tool accidents
- Trench collapse and structural collapse incidents
- Vehicle and mobile plant equipment accidents on site
- Incidents involving unidentified or unauthorised vehicle or plant operators
Free initial consultation
You speak directly with an experienced construction accident lawyer who listens carefully to what happened on site, explains whether a claim is available, and outlines your legal options.
We investigate site responsibility
We identify all potentially responsible parties, including employers, principal contractors, subcontractors, and site controllers, and determine the correct legal pathway.
Medical and legal evidence
We obtain medical and occupational evidence, review safety systems, and build the case needed to support your claim.
Compensation and recovery
We pursue all available compensation options, including workers’ compensation, common law claims, and third-party liability claims, to secure financial support and care.
With office locations in Brisbane, Logan, Ipswich, Gold Coast, Sunshine Coast and Toowoomba, you can easily meet with us in person. We also provide online or phone consultations, and can even come to you if needed.
Who can make a construction accident claim?
You may be entitled to make a construction accident claim in Queensland if you were injured on or near a building or construction site, including if you are:
- Construction workers and tradespeople
- Subcontractors and labour hire workers
- Engineers, site supervisors, and project managers
- Delivery drivers and other authorised site visitors
- Members of the public injured on or near construction sites
- Families of workers fatally injured in construction accidents
Eligibility depends on the specific circumstances. A short discussion with a workers' compensation lawyer is usually enough to confirm where you stand.
Fewer than 5% of Queensland personal injury lawyers hold Queensland Law Society Accredited Specialist status, which recognises the highest level of industry expertise, experience, and ethical standards.
We don't add extra percentages or "success fees" to your settlement. No additional percentage comes out of your final compensation.
We cover all your evidence costs upfront, including medical reports, so you’re not out of pocket while your case is ongoing.
We actively guide you through each stage of the process, explain what to expect and when, and provide practical support through the personal and financial challenges that can follow injury or illness.
Beyond "No Win No Fee"
Most Queensland injury firms advertise "No Win No Fee". What matters is how that actually works in practice - and where the financial risk really sits during your claim.
At Gain Lawyers, we take No Win No Fee literally. You don't pay anything upfront and nothing while your claim is ongoing. We cover the cost of medical reports and other expert evidence as the case progresses, so you're not out of pocket while focusing on your recovery.
If your claim succeeds, you pay our professional fees from the settlement. We don't charge uplift or "success" fees - many firms add up to 25% on top of their costs, but we believe compensation for injury should go to you.
If your claim is unsuccessful, you don't pay our legal fees or the evidence costs we've incurred. We write those costs off entirely.
Jeremy Roche, Director At Gain
How building and construction injury claims work in Queensland
Building and construction is one of the highest-risk industries in Queensland, with workers exposed to hazards including falls from height, equipment and vehicle injuries, structural collapse, electrical injuries, manual handling injuries, and exposure to dust and chemicals. Compensation for a construction injury commonly involves more than one legal pathway running in parallel because the industry's contracting structures often mean the injured worker, the employer, the principal contractor, the site occupier, and equipment suppliers can all carry separate legal duties.
A successful construction injury claim depends on identifying every available pathway, understanding what each delivers, and pursuing them in the right combination. The two stages of the workers' compensation scheme apply to most construction workers, alongside potential public liability claims against site controllers and principal contractors who were not the worker's direct employer.
Workers' compensation for construction workers
Most construction workers are covered by workers' compensation under the Workers' Compensation and Rehabilitation Act 2003 (Qld), administered through WorkCover Queensland or an approved self-insurer. Statutory benefits include medical and rehabilitation expenses, weekly payments where work capacity is reduced, and a lump sum for permanent impairment, paid on a no-fault basis without the worker needing to prove negligence by the employer or anyone else. The detailed structure of statutory and common law entitlements is part of how workers' compensation claims operate generally.
A common law damages claim may also be available where the worker has suffered a significant injury and employer negligence can be established, drawing on the legal test of negligence and the employer's non-delegable duty to provide a safe system of work. In construction matters, breaches of the Work Health and Safety Act 2011 (Qld) and associated regulations and codes of practice (including the Construction Work Code of Practice) provide structured evidence of where the legal standard of care lay. Formal incident notifications to Workplace Health and Safety Queensland, regulator findings, and prosecutions can all support a common law negligence claim.
Subcontractors, labour hire, and identifying the responsible party
Construction sites operate through layered contracting arrangements that can affect who is legally responsible for the worker's safety. The injured worker may have been directly employed by a subcontractor while working on a site controlled by a principal contractor, or supplied to the site by a labour hire company while working under the day-to-day direction of a different entity. Each of these relationships creates duties of care that may have been breached.
The principal contractor (sometimes called the head contractor or PCBU at a higher level) typically owes duties under the Work Health and Safety Act 2011 (Qld) to coordinate site safety, maintain safe systems of work across all activities at the site, and ensure that all workers (including subcontractor employees) are protected from foreseeable risks. The site occupier or owner may also carry public liability duties to people lawfully on the site, particularly for structural and infrastructure issues outside the scope of the construction activities themselves. Equipment manufacturers may be liable under product liability principles where defective machinery or tools contributed to the injury.
Where the injury was caused by the conduct of someone other than the direct employer, a public liability claim against that party may be available in addition to the workers' compensation claim against the employer. The two pathways are not alternatives. The worker can typically pursue both, with the workers' compensation benefits providing immediate no-fault support while the public liability claim is investigated and progressed.
Time limits across multiple pathways
Construction injury matters are subject to multiple deadlines that operate on different timelines. A workers' compensation application should be lodged within six months of the day the worker is assessed by a doctor as injured, with the workers' compensation time limits including the Notice of Assessment process that gates any common law damages claim. Common law damages claims arising from the same injury must generally be commenced within three years of the date of the injury under the Limitation of Actions Act 1974 (Qld).
Where a public liability claim against a non-employer party is available (such as a principal contractor or site occupier), that claim is governed by the Personal Injuries Proceedings Act 2002 (Qld), and the time limits for personal injury claims that apply include a Notice of Claim Form within nine months of the date of injury and court proceedings within three years. The deadlines for the workers' compensation pathway and the public liability pathway run independently, and each must be met to keep the corresponding pathway open.
Missing a deadline does not always automatically end the claim. Section 131(5) of the Workers' Compensation and Rehabilitation Act 2003 (Qld) allows late workers' compensation applications where the delay was due to mistake, absence from Queensland, or other reasonable cause, and section 9(5) of the Personal Injuries Proceedings Act 2002 (Qld) allows late Notice of Claim Forms on a public liability claim where a reasonable excuse is given for the delay. The thresholds are fact-specific, and the three-year limitation period for commencing court proceedings remains the absolute backstop on both pathways.
3 things to know about construction injury claims in QLD
“I was out of my depth making a claim, but Jeremy made me feel at ease the whole way through. I was so confident in him right from the start and he did a fantastic job. He genuinely cared about me.”
.svg)
Construction accident lawyer FAQs (QLD)
Do I need a lawyer, or can I handle a construction accident claim myself?
It depends - but construction accident claims are often more complex than they first appear. While some people start with workers’ compensation on their own, construction accidents frequently involve multiple parties, contractors, site controllers, or safety breaches beyond just your employer. The main risk is not lodging a claim, but failing to identify all available pathways early. A short conversation can confirm whether managing it yourself is genuinely safe in your situation.
What types of accidents count as construction accidents?
Construction accidents include far more than major collapses or serious machinery incidents. Common examples include falls from heights, scaffolding accidents, injuries involving plant or equipment, struck-by incidents, electrical injuries, trench collapses, and exposure to hazardous substances. What matters is whether the injury arose from construction-related work or site conditions.
What if multiple companies were involved on the site?
That’s very common. Construction sites often involve principal contractors, subcontractors, labour-hire companies, and site managers. This does not prevent a claim, but it does affect who may be legally responsible. Identifying the correct parties early is critical and often changes the value and scope of a claim.
Can I claim workers’ compensation after a construction accident?
In many cases, yes. Most construction workers are covered by Queensland’s workers’ compensation system, which may provide income support, medical treatment, and rehabilitation. Depending on the circumstances, additional claims may also be available where another party’s negligence contributed to the injury.
What if the accident was caused by unsafe site conditions or poor safety systems?
Unsafe work environments, inadequate training, missing guardrails, poor supervision, or defective equipment are common issues in construction claims. Where site safety obligations were breached, this may open additional legal pathways beyond basic workers’ compensation.
What if I was partly responsible for the accident?
Partial responsibility does not automatically prevent a claim. Workers’ compensation generally focuses on whether the injury arose out of employment, not who made a mistake. In other claims, responsibility may be shared and compensation adjusted accordingly. Each situation turns on the evidence, not assumptions.
What if my injury didn’t seem serious at first but has worsened?
This is very common in construction injuries, particularly with back, shoulder, knee, and repetitive strain injuries. Early symptoms can understate the true impact. Early medical records often carry more weight than people expect, which is why getting advice early helps ensure decisions reflect how the injury actually develops.
Can I receive a lump sum payout after a construction accident?
In some cases, yes. Lump sum compensation may be available for permanent impairment, and some workers may also have access to a separate damages claim depending on how the injury occurred. Whether this applies is often not clear at the beginning.
What if I’m a subcontractor, labour-hire worker, or self-employed?
You may still have options. Construction work arrangements vary, and legal rights do not always align neatly with job titles or contracts. Claims depend on the actual working relationship, site control, and insurance arrangements, which often require careful assessment.
Will my construction accident claim end up in court?
Probably not. Most construction accident claims resolve through statutory processes or negotiation once medical evidence is clear. Court proceedings are generally a last resort when disputes cannot be resolved another way.
What if I can’t afford legal fees right now?
Initial advice is free, and you pay nothing upfront or while the claim is ongoing. If your claim succeeds, our professional fees are paid from the outcome. We do not charge uplift or “success” fees, and we cover the cost of medical and expert evidence as the case progresses. If a claim is unsuccessful, we write those costs off entirely.
If I contact Gain Lawyers, am I committing to making a claim?
No - the initial consultation is free and often useful on its own. In many cases, we can give you an early indication about whether your situation supports a claim, what pathways may be available, and whether proceeding makes sense at all. The first conversation is about clarity and direction, not obligation.