Construction and Trades Injury Lawyers Canberra

Construction and trades, in short

Hurt on a building site or on the tools? We help Canberra tradies, labourers and apprentices claim workers compensation, and common law damages where someone was negligent. United Legal is a Canberra firm based in Fyshwick. We work on a No Win, No Fee basis and your first conversation is free.

Construction and Trades Injury: what you need to know

Construction is one of the most dangerous industries in the ACT. Falls from heights, falling objects, machinery, power tools and heavy lifting cause serious injuries every year, from fractures and back injuries to crush injuries and hearing loss.

Building sites usually involve a builder, a principal contractor and several subcontractors. As well as your workers compensation claim, you may have a claim against another company on site if their negligence caused your injury.

Injuries we see on building sites

Falls from ladders, scaffolding and roofs
Struck by falling tools or materials
Machinery, power tool and crush injuries
Back and shoulder injuries from heavy lifting
Electric shocks and burns
Noise-induced hearing loss

Building sites, subcontractors and who pays

On most Canberra sites the builder, the principal contractor and the subbie who employs you all have safety duties under the Work Health and Safety Act 2011 (ACT). When a scaffold is not tagged, an edge is left unprotected or a crane lift goes wrong, more than one company can be responsible.

That matters because workers compensation only covers set benefits. If another company on site caused your injury, a separate negligence claim against them can include pain and suffering and future loss of earnings, which can be worth far more. Apprentices and young workers have the same rights as everyone else, and an injury early in a trade career can mean a very large loss of future income.

What workers compensation can pay

Under the Workers Compensation Act 1951 (ACT) you do not have to prove anyone was at fault. You can usually claim weekly payments while you cannot work, medical and rehabilitation costs, and a lump sum for permanent impairment. If your employer or someone else was negligent, a common law claim for damages may be worth much more.

Read more about workers compensation claims.

Evidence that helps your claim

You do not need to have everything before you call us, but these records make a workers compensation claim stronger. Keep copies of anything you have:

Your claim form and the date you reported the injury
Certificates of capacity from your doctor
Payslips and tax returns showing your earnings
Incident reports, photos and witness names
Emails or messages about your injury or duties

How much could a construction and trades claim be worth?

Every claim is different. The amount depends on what you earned before the injury, how long you cannot work, your medical needs, your level of permanent impairment, and whether a common law claim is available. We give you an honest estimate once we understand your situation, and we prepare every claim to get its full value rather than settling early.

Why people choose United Legal

Three lawyers on every case. Your claim is checked by more than one experienced lawyer, start to finish.
A local Canberra firm since 2004. We know the ACT schemes, insurers, doctors and courts.
No Win, No Fee. No upfront costs, and you get a written costs agreement before we start.
Serious injury experience. Our results include a $20m+ settlement and a $1.4m workers compensation claim.

Watch: construction and trades

What to do now

Report the injury to your employer as soon as you can, and make sure it is recorded.
See a doctor and ask for a workers compensation certificate of capacity.
Lodge your claim form with your employer, and keep copies of everything.
Get advice before you sign anything from the insurer or agree to a settlement.

Construction and trades: FAQs

I am a subcontractor, not an employee. Can I still claim?

Often, yes. Some subcontractors are treated as workers under the ACT scheme, depending on how they are engaged and paid. You may also have a claim against the builder or principal contractor. We look at your contract and invoices to work out where you stand.

My employer says the accident was my fault. Does that matter?

Not for workers compensation, which is a no-fault scheme. Fault only matters for a common law claim, and even then a share of blame on your side usually reduces your damages rather than ruling them out.

What if WorkSafe ACT investigated the accident?

A WorkSafe ACT investigation, improvement notice or prosecution can be useful evidence in your claim. We can request the relevant documents. Your claim does not depend on WorkSafe taking action, though.

Can I claim if I was working for cash?

Possibly. Being paid in cash does not automatically mean you are not a worker. We look at how the work was arranged and who controlled it. The Default Insurance Fund can sometimes pay claims where an employer was uninsured.

How much does a workers compensation lawyer cost?

We run these claims on a No Win, No Fee basis. Your first conversation is free, there are no upfront fees, and if your claim is not successful you do not pay our professional fees. You get a written costs agreement before we start.

Is there a time limit?

Report your injury straight away and claim as soon as you can. Late claims can be refused, and common law claims have strict time limits.

Find out where you stand.

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