The construction industry is a high-risk sector, with employees facing a range of hazards on a daily basis. From slips and falls to falling objects and exposure to hazardous materials, construction workers are at a higher risk of injury than those in other industries. In Queensland, workers who are injured on the job have the right to make a claim for workers’ compensation. However, they may also have the option to make a common law claim if they believe that their injuries were caused by the negligence of their employer or a third party.
What is a Common Law Claim?
A common law claim is a legal action taken by an individual who has been injured as a result of another party’s negligence. In the context of the construction industry, an employee may make a common law claim against their employer or a third party if they believe that their injuries were caused by the negligent actions of that party.
Examples of Common Law Claims in the Construction Industry
1. Slip and Fall Accidents
- Construction sites can be hazardous environments, with a range of potential hazards that can cause slips and falls. If an employee slips and falls due to a lack of proper safety measures on the construction site, they may have grounds for a common law claim.
2. Injuries Caused by Falling Objects or Debris
- Construction sites can be chaotic environments, with equipment and materials being moved around on a regular basis. If an employee is injured by a falling object or debris due to the negligent actions of their employer or a third party, they may have grounds for a common law claim.
3. Injuries Caused by Faulty or Defective Equipment
- Construction sites rely heavily on equipment to get the job done. If an employee is injured due to faulty or defective equipment, they may have grounds for a common law claim against the manufacturer or supplier of the equipment.
4. Injuries Caused by Exposure to Hazardous Materials
- Many construction sites involve the use of hazardous materials such as chemicals and asbestos. If an employee is injured due to exposure to these materials, they may have grounds for a common law claim against the employer or third party responsible for the materials.
5. Injuries Caused by Lack of Proper Safety Training
- Construction sites are dangerous places, and employees need proper training in order to stay safe. If an employee is injured due to a lack of proper safety training, they may have grounds for a common law claim against their employer.
6. Injuries Caused by Poor Maintenance of Construction Sites
- Construction sites need to be properly maintained in order to ensure the safety of employees. If an employee is injured due to poor maintenance of the construction site, they may have grounds for a common law claim against the employer or third party responsible for maintaining the site.
7. Injuries Caused by Falling from Heights
- Construction sites often involve working at heights, and falls can be fatal. If an employee falls from a height due to the negligent actions of their employer or a third party, they may have grounds for a common law claim.
8. Injuries Caused by Vehicle Accidents
- Construction sites often involve a lot of vehicle traffic, and accidents can happen. If an employee is injured in a vehicle accident on a construction site due to the negligent actions of a third party, they may have grounds for a common law claim.
9. Injuries Caused by Electrical Hazards
- Construction sites often involve a lot of electrical work, and hazards can arise if proper safety measures are not in place. If an employee is injured due to electrical hazards on a construction site, they may have grounds for a common law claim against the employer or third party responsible for the electrical work.
10. Injuries Caused by Improper Use of Scaffolding
- Scaffolding is a common feature on construction sites, and if not used properly, it can be very dangerous. If an employee is injured due to the improper use of scaffolding, they may have grounds for a common law claim against the employer or third party responsible for the scaffolding.
Construction workers in Queensland are at a higher risk of injury than those in other industries, and it is important that they are aware of their rights if they are injured on the job. Common law claims can be a viable option for employees who believe that their injuries were caused by the negligence of their employer or a third party. It is important to note that in order to make a claim, the injured person must be able to prove that the employer or third party had a duty of care towards them, and that this duty of care was breached, resulting in their injuries. If you are unsure about your rights, it is recommended that you seek legal advice.
Call us today on 07 3067 3026 for a FREE appointment with a specialist lawyer, to make your claim or book your appointment online, at a time convenient to you.
