Construction Accident Lawyers.

The building and construction industry sees a range of injuries, including:

• Falls from heights.
• Back, neck and repetitive strain injuries from lifting heavy objects.
• Cuts, fractures, and burns from tools or equipment.
• Crush injuries and impact injuries from being struck by objects.
• Machinery, vehicle and electrical incidents.   
• Hearing loss from prolonged exposure to loud machinery.
• Respiratory illnesses from inhaling dust, including silicosis and asbestosis.

Yes. All construction workers in Queensland are covered by WorkCover if they are injured at work - including full-time, part-time, casual, apprentices and labour hire. Independent contractors may also qualify if legally deemed a “worker.”

No. Queensland’s WorkCover benefits scheme is a no-fault system, meaning you can claim compensation regardless of who caused the injury. Fault only becomes relevant if you pursue a common law claim for negligence at the end of your Workcover benefits claim. In most cases, people who suffer injuries at work and have ongoing issues usually succeed with a common law claim because the duty of care on an employer (to take reasonable steps to minimise the risk of injuries to workers) is so high.

You can claim a work injury that is an aggravation or worsening of a pre-existing injury. For example, you might have a sore knee but lifting heavy boxes off the ground caused your knee tendons to tear, requiring surgery. Despite already having a sore knee, you can still access workers’ compensation for the aggravation or deterioration in your pre-existing injury.

If you’re injured on a construction site, take these steps:

1. Seek Medical Attention: Prioritise your health by visiting a doctor or hospital.
2. Notify Your Employer: Report the incident to your supervisor or employer immediately.
3. Document the Incident: Take photos, gather witness details, and keep records of the accident.‍
4. Lodge Your Claim: Submit a workers’ compensation claim with WorkCover Queensland.

Yes, if you were injured while performing work-related duties at a different site or traveling between sites, your injury may still be covered under workers’ compensation.

Depending on the nature of your work arrangement, you may still be eligible for workers’ compensation if deemed a “worker” under Queensland’s workers’ compensation laws. You may have a workers’ compensation claim and a public liability claim against a third party (eg. faulty equipment manufacturer, an equipment maintenance company, or another contractor).

You must file your workers’ compensation claim within 6 months of the injury or illness. If your claim is accepted, you may be entitled to the following benefits:

• Weekly wage payments while you recover.
• Medical and rehabilitation costs.
• Lump-sum compensation for permanent impairment.
• Travel expenses related to treatment.

If you make a common law (fault based) Workcover claim, you can claim a lump sum for pain and suffering, past and future income loss (including super), past and future medical and rehabilitation costs, and in some cases paid care and assistance.

You must lodge your workers’ compensation claim for benefits within 6 months of the injury or illness. Lodging as soon as possible ensures timely access to benefits. You must commence your common law (fault) Workcover claim within 3 years of the accident or injury or your claim will be barred.

Your claim for statutory benefits (no fault) compensation will run for as long as you require weekly income payments and medical treatment for your injuries. This Workcover benefits claim generally draws to a close when your injuries stabilise medically. For some people this is a few months, for others it is a few years. 

When your benefits claim draws to a close, you may decide to pursue a common law negligence claim for all your past and future losses suffered as a result of your construction injuries. This claim generally takes 6-9 months to reach compulsory settlement conference, a further 6 months to reach mediation, and a further 12 months to reach trial. Most claims resolve at the compulsory conference or the mediation.

If your employer disputes the claim, WorkCover will investigate the matter. If your claim is denied by WorkCover, you can:

1. Request a Review: Appeal the decision with the Workers’ Compensation Regulator (within 3 months of the rejection).‍
2. Seek Legal Help: A lawyer can assist with resolving disputes and ensuring you receive fair treatment.

We act on a ‘no win no fee’ basis. That means that you do not pay our legal fees along the way, which are deferred until the end. We also pay for all your evidence costs and outlays upfront on your behalf so you do not have to. If your claim is successful, your legal costs come out of your settlement funds (once paid by Workcover). If your claim is unsuccessful, we write of all legal costs and disbursements and you are not charged at all.

At Gain Lawyers, we give injured construction workers a fairer deal.

Your case will be handled by an Accredited Specialist in Personal Injury Law - a lawyer recognised by the eueensland Law Society and wider industry for the highest level of expertise, experience and ethical standards. This ensures your claim is run strategically and with the skill needed to maximise your compensation.

You’ll receive honest advice in plain English, with no pressure to proceed unless you’re ready. We also provide direct access to your lawyer and regular updates throughout your claim, so you’re never left in the dark.

With our true No Win No Fee promise — lower fees, no uplift charges and no hidden extras — you keep more of your compensation while still having an expert fight for the best possible outcome.