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Malaga, WA 6090
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Construction Accident Compensation in Western Australia
Do I have a construction site injury claim?
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.
What is the time limit to make a construction site injury claim?
Limitation date refers the date from which you must lodge a claim or bring an action. The Time limit to bring a construction site injury claim varies depending on the type of injury compensation claims.
Construction workers compensation claim
There is no time limit to bring a construction workers compensation claim. If you have decided to make a workers compensation claim, it is advisable to complete your Workcover workers’ compensation claim form 2B as early as possible to avoid your workers compensation claim to be prejudiced.
Construction workers compensation common Law claim
If you are eligible to make a common law claim, you must lodge your common law claim within 3 years of the date of your construction accident which caused your injury.
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.
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
What types of workers can claim construction site workers’ compensation?
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
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.
What is the most common injury on construction sites?
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 injury from lifting
- knee injuries
- Neck injuries, or shoulder injuries
- Head injuries or brain injuries
- broken bones, or crashed bones
- PTSD, or other psychological stress claim
- Foot injury and ankle injury
- Spinal cord injury, disc protrusion or paraplegia
- Workplace death due to construction accidents
Construction injury lawyers at Foyle Legal has over 50 years of combined experience in 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 worked helped similar Construction Accident Compensation Claims like yours.
Construction Workers Comp in Western Australia
How much money can you get from a workers comp settlement?
In the workers compensation system, the lump sum payout is also referred to as a workers comp settlement.
In the Workers’ Compensation and Injury Management Act 1981, the term Prescribed Amount specifies the maximum payments for different injuries. Your WPI, Whole Person Impairment Rating determines the maximum payout amount for your workers compensation claim.
In Western Australia, WPI is assessed by Approved Medical Specialists, AMS doctors. And you have an obligation to attend medical legal assessment with your AMS doctor.
- No fault Workers Comp Claim – If your WPI is less than 15%, your maximum compensation payout amount is $235,971.00
- Limited Common Law Claim – If your WPI is between 15% and 25%, you may have the right to limited common law claim. The maximum compensation payout amount for a limited common law claim is $495,542.00
- Unlimited Common Law Claim – If your WPI is greater than 25%, you may have the right to unlimited common law claim. The maximum compensation payout amount for an unlimited common law claim is unlimited
- Workplace Fatality Dependency Claims – the maximum lump sum payable to Dependants of workplace death is $589,928.00
Please note that the Prescribed Amount limited above is for financial year 2020 – 2021. The Prescribed Amount is indexed to wage price index in the subsequent years.
What kind of Construction Site Workers’ Compensation Entitlements can I expect to receive?
If you are injured on a building or construction site and your construction workers comp claim is accepted. Your construction accident compensation entitlement should generally cover your loss of wages and reasonable treatment expenses, rehab expenses, and personal expenses. Some of the typical construction site worker’s’ compensation entitlements may include but not limited to:
- Ambulance services
- Doctors Specialists fees
- GP fees
- Hospital bills and expenses
- Rehab costs
- Medication expenses at the pharmacies
- Payment to allied health providers, such as physio expenses, OT expenses, chiropractor expenses
- Home care attendance
- Home modification expense
- Car modification expense
- Prothesis costs if required
- Treatment related travel expenses
Construction Injury Lawyers – No Win No Fee
Do you need a construction accident lawyer to get a construction workers comp settlement?
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:
- Strategies 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.
What do construction injury lawyers charge?
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.
How much do No Win No Fee lawyers take?
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.
Foyle Legal Provides WorkCover Legal Services to all of WA
Foyle Legal is one of the biggest WA’s local personal injury law firms in Perth. We are a 100% WA owned and operated compensation law firm and committed to service clients all of Western Australia. If you have made a personal injury claim in Western Australia, trust your WA’s local personal injury lawyers at Foyle Legal. We have helped hundreds of Western Australians, and we can help you too!
What suburbs in Perth does Foyle Legal provide legal representation to?
Looking for best personal injury & workers compensation lawyers in Perth? Foyle Legal injury compensation lawyers provide legal advice to all suburbs in Perth metro areas and Perth’s surrounding areas.
North of the river – Northern Suburbs
Ballajura, Bassendean, Bayswater, Beechboro, Carine, Carramar, Clarkson, Connolly, Currambine, Dianella, Doubleview, Duncraig, Eden Hill, Edgewater, Embleton, Glendalough, Greenwood, Gwelup, Heathridge, Hillarys, Inglewood, Innaloo, Joondalup, Kallaroo, Karrinyup, Kingsley, Landsdale, Maida Vale, Malaga, Marangaroo, Mindarie, Mindarie Keys, Morley, Mullaloo, Munster, North Beach, Osborne Park, Padbury, Scarborough, Shenton Park, Sorrento, Trigg, Tuart Hill, Wanneroo, Warwick, Waterman, Wembley Downs, Woodlands, Woodvale, Yanchep.
Ascot, Belmont, Carlisle, Kewdale, Newburn, Redcliffe, Rivervale.
Perth Inner City
Burswood, Perth CBD, Northbridge, East Perth, Highgate, Leederville, Maylands, Mount Hawthorn, Mount Lawley, North Perth, South Perth, Subiaco, Victoria Park, West Leederville, West Perth, CBD, Kings Park, Northbridge, Perth.
East Fremantle, Fremantle, Hamilton Hill, North Fremantle, O’Connor, South Fremantle.
South of the River – Southern Suburbs
Alfred Cove, Applecross, Ardross, Attadale, Bateman, Beaconsfield, Beeliar, Bentley, Bibra Lake, Bicton, Booragoon, Bullcreek, Canning Bridge, Canning Vale, Cannington, Casuarina, Cockburn, Como, Coogee, East Victoria Park, Forrestdale, Gosnells, Jandakot, Karawara, Kelmscott, Kwinana, Melville, Mount Pleasant, Palmyra, Shelley, Spearwood, Success, Wattle Grove, Welshpool, Willetton, Wilson, Winthrop.
Churchlands, City Beach, Claremont, Cottesloe, Crawley, Daglish, Dalkeith, Floreat, Mosman Park, Mount Claremont, Nedlands, Swanbourne, Wembley.
Armadale, Bedfordale, Bickley, Byford, Carmel, Chidlow, Darling Downs, Darlington, Forrestfield, Gidgegannup, Glen Forrest, Gooseberry Hill, Greenmount, High Wycombe, Hovea, Jarrahdale, Kalamunda, Karragullen, Lesmurdie, Mount Helena, Mundaring, Mundijong, Orange Grove, Parkerville, Paulls Valley, Pickering Brook, Roleystone, Stoneville, Wungong
Baskerville, Belhus, Bellevue, Brigadoon, Bullsbrook, Caversham, Ellenbrook, Guildford, Hazelmere, Henley Brook, Herne Hill, Middle Swan, Midland, Midvale, Millendon, South Guildford, Swan Valley, The Vines, Upper Swan, Viveash, West Midland, West Swan, Whiteman
Does Foyle Legal provide Legal Representation to surrounding areas of Perth?
Yes, Foyle Legal extends legal presentation to surrounding areas of Perth. This includes but limited to Avon Valley, North Coast & Valleys, Peel areas, Perth Hills, Rottnest Island, and Swan Valley.
Avon Valley, New Norcia, Northam, Other Avon Valley Areas, Toodyay, York, Clackline, Wooroloo
North Coast & Valleys
Bindoon, Chittering, Gingin, Guilderton, Lancelin, Ledge Point, Lower Chittering, Moore River, Neeragabby, Upper Chittering, Wanerie, Woodridge
Mandurah, Peel Coast, Peel Inland, Baldivis, Barragup, Boddington, Dawesville, Dwellingup, Falcon, Greenfields, Halls Head, Karnup, Mandurah, Mandurah East, Meadow Springs, Pinjarr, Port Kennedy, Quindanning, Ravenswood, Rockingham, Rockingham Beach, Safety Bay, Secret Harbour, Serpentine, Shoalwater, South Yunderup, Wannanup, Waroona, West Pinjarra
Does Foyle Legal provide legal service to clients in Regional WA?
Yes, Foyle Legal service all of WA, including remote or regional areas of Western Australia. Check out our the services we offer in your area.
- Kalgoorlie – Boulder
- Port Hedland