Construction Injury & Accident Lawyers Perth

Compensation for Construction Workers

If you are injured on a construction accident in Western Australia and meet the definition of “worker”, you maybe entitled to construction site injury claim, or commonly referred to construction workers comp claim. You can also claim construction site compensation claim if you contacted an illness or disease during the course of your employment.

If you are unsure if you meet the definition of “worker”, or if you are eligible for construction site injury claim. Contact Foyle Legal for your obligation claim review.

Permanently and Totally Disabled But Does Not Meet the Definition of Worker

If you are totally and permanently injured, and don’t meet the definition of “worker” for the purpose of workers compensation claim in Western Australia, there other options to seek compensation for construction workers. For example:

• TPD claim: TPD insurance stands for Permanent and Total Disability insurance. It is often part of the coverage of your superannuation. If you are unclear if you are eligible for TPD claim, Foyle Legal can help to find out where you stand.
• Income Protection: Income protection insurance is another insurance coverage which is often taken out through superannuation. It pays benefits (usually about 75% of your pre-injury income) for a set period which is often 2 years, 5, years or to age 65.

Limitation date refers the date from which you must lodge a claim or bring an action. The Time limit for bringing a construction site injury claim varies depending on the type of claim and its process.

Construction workers compensation claim

In WA you generally must make your workers’ compensation claim within 12 months of the injury by giving your employer a completed claim form and a certificate of capacity.

If a claim is lodged late, it isn’t automatically invalid—claims can still proceed where the delay was due to mistake, being out of WA, another reasonable cause, or if the delay doesn’t prejudice the employer. That said, late claims are more complex and often contested, so get advice promptly and lodge as early as you can. Many claims that are lodged late are still capable of settlement as part of the WorkCover WA dispute resolution process.

Construction workers compensation common Law claim

For construction workers in WA, a common law claim against your employer generally must be started in court within three years of the injury. Before you can sue the employer, you first need a Whole Person Impairment (WPI) assessment of at least 15% from an approved permanent impairment assessor. Once you have the required WPI, you must make a formal common law election in the approved form and have it registered. You can’t commence proceedings against the employer until the WPI and election steps are completed (except in narrow terminal-illness situations), so it’s important to begin this process well before the limitation deadline.

If your claim is against a third party rather than your employer—for example, a negligent subcontractor, site occupier, or driver—you don’t need a WPI rating or a registered election. You simply need to file your court proceedings within the applicable three-year limitation period and prove negligence and loss. Early legal advice helps coordinate the WPI/election pathway (if suing the employer) and ensures any third-party action is issued in time.

TPD Claim

The time limit to make a TPD claim is complex and may vary depending on your TPD cover. Generally, you have 6 years from the date you become totally and permanently disabled to lodge the TPD claim.

Dependency Claim

Falls, motor vehicle accidents, electrocution, hit by a moving for falling objects are the major causes of death in a construction site.  In Western Australia, if you are entitled to dependency claim, you have 3 years to make a dependency claim from the date your family member is dead due to an accident or a disease.

All construction workers, construction contractors and sub-contractors who meet the definition of a “worker” are entitled to construction injury claims, regardless your status of employment. Eligible workers may include but no limited to:

• Full time workers
• Part time workers
• Casual workers
• Temporary workers
• Workers on a work trial
• Trainees
• Apprentices

If you are unsure if you are eligible for construction site workers’ compensation claim, or other options of compensation for construction workers in Western Australia, contact construction lawyers at Foyle Legal for your obligation free consultation.

According to WorkSafe, the most common injury on construction sites are:

• falls from heights
• falls from scaffolding
• falls from ladders
• falls from roof
• hit by forklift accident
• hit by construction equipment
• back & disc injury from lifting
• knee injuries
• Neck injuries, or shoulder injuries
• CRPS
• Head injuries or brain injuries
• broken bones, or crashed bones
• PTSD, or other psychological stress claim
• Foot injury and ankle injury
• Electrocution
• Burns
• Spinal cord injury, or paraplegia
• Workplace death due to construction accidents

Construction injury lawyers at Foyle Legal have over 100 years of combined experience in WA personal injury claims. If your injury is not one of the common injuries on construction sites listed above. Do worry. The chances are we have helped similar Construction Accident Compensation Claims like yours.

Start here: our WA Personal Injury FAQs, the Foyle Legal Blog, and our podcast. Plain-English guides, updates, and real WA case insights.

• WA Personal Injury FAQs — quick answers on ICWA, WorkCover WA, public liability, time limits, payouts.
• Foyle Legal Blog — latest WA claim tips, case studies, and insurer tactics.
• Podcast: Personal Injury Claims Explained — short episodes on WA claims you can listen to anytime.

→ Ready to check your eligibility? Free Claim Check.

You do not need a construction accident lawyer to get a construction workers comp settlement. But it will benefit your claim if you engage a good construction injury lawyer to assist your workplace injury claim. A good construction injury lawyer will help you to:

• Strategise regarding your construction accident compensation claim to ensure you get fair compensation.
• Build your construction claim with evidence that is not biased against you
• Manage your claim effectively
• Avoid blind spots to ensure you claim all that you are entitled to claim

Foyle Legal compensation lawyers have helped hundreds of Western Australians to claim compensation for construction workers. If you have made an injury compensation claim in Western Australia, contact one of the best workers compensation lawyers in Perth for your obligation free consultation.

When engaging personal injury lawyers to help you to claim injury compensation for construction workers, it is important to realised that you do not have to incur large out-of-pocket legal fees upfront.

In Western Australia, some personal injury lawyers charge legal fees upfront, and others do not charge you legal fee upfront. Personal injury lawyers who do not charge legal fees upfront can be a good option to help to alleviate your financial burden when you are injured an unable to generate income.

Unlike some countries, that lawyers take a percentage of your overall settlement. How much a lawyer can charge is heavily regulated in Australia. Regardless when your legal fee is charged, most of the personal injury lawyers charge rate set down by the government.

No Win No Fee Lawyers do not charge an upfront legal fee. They are also referred to as No Win No Pay lawyers. This is because no win no fee lawyers only charge legal fee if they can help you to successfully reach a compensation for your construction accident. Similar to the TPD insurance cover, different No Win No Fee Lawyers have different terms and definitions in their No Win No Fee agreement. It is important that you understand the no win no fee agreement before engaging a no win no fee solicitor.

Foyle Legal is recommended as one of the best no win no fee lawyers in Perth servicing all clients of Western Australia. We offer easy to understand and fully transparent no win on fee policy designed to alleviate your financial burden when your income is limited by your injury. When Foyle Legal wins the construction accident compensation claim, most of our legal fees is covered by the insurer so that your out of pocket legal fee is manageable.

The benefits under the law of workers compensation are limited and often not enough for a person who is totally and permanently disabled (TPD) to live in the longer term. Foyle Legal also specialises in Total and Permanent Disability claims and can provide expert advice as to whether this is a possibility.

Statewide. We help Perth metro and regional WA – in person or remotely – for ICWA motor accidents, WorkCover WA claims and public liability. Book a free consult.

WA Locations we regularly serve:

• Perth Metro (within ~100km of CBD; incl. Midland, Malaga)
• Albany – Great Southern
• Broome – Kimberley
• Bunbury – South West
• Busselton – Capes Region
• Geraldton – Mid West
• Kalgoorlie-Boulder – Goldfields
• Karratha – Pilbara
• Northam – Wheatbelt
• Port Hedland – Pilbara

Personal injury claim focus areas:

• ICWA motor vehicle accident claims
• Workers’ compensation (WorkCover WA)
• Public liability claims
• Medical negligence
• Fatal injury (wrongful death)
• Criminal Injuries Compensation (victims of crime)
• Catastrophic injuries
• TPD & Insurance claims

→ See the common injuries we handle. Book a free consultation.