What Legal Safety Laws Apply to Construction Accident Sites in Perth?

Construction work in legal terms is defined as any task related to construction, alteration, conversion, installing new components in a newly finished building. Commissioning, renovation, repair, maintenance, refurbishment, demolition, decommissioning and dismantling of a structure also falls under this term.

Any individual carrying out such activities under a person conducting a business or undertaking (PCBU) is said to be a worker. They are comprised of full-time, part-time and casual employees, labour hire workers, apprentices, work experience students and volunteers. The sites of such activities are often hazardous, and to protect their interests, construction accident lawyers Perth are readily available.

Who is Eligible for Compensation?

According to a construction worker injury lawyer Perth, an employer is deemed liable for compensation if the worker suffers injury from the employment provided by them. Moreover, the employer’s construction work should be connected to the State of Western Australia, any territorial waters adjacent to WA or activities sanctioned by the government.

Under this scheme, even individuals of foreign origin are eligible unless they have never resided in Australia or have been continuously residing outside Australia for more than 24 months before the injury occurred.

If the injury has happened due to addiction to drugs, personal negligence of not using the proper equipment provided by the employer or wilful misconduct at the site, it is important to note that the worker will be excluded from compensation.

What are the Compensations Related to an Injury on Construction Sites?

A construction accident compensation Perth has a wide range of applications which include income compensation payable for the total or partial incapacity that the injury caused on the worker, making him unfit to do his allotted tasks, his health and medical expenses, any other miscellaneous expenses and rehabilitation expenses.

If the injury has caused permanent impairment or the death of a worker, a lump sum should be provided as compensation. In such scenarios, more than one form of compensation may be applicable to a worker, and the intervention of construction accident law firms is necessary for a fair trial.

Legal Laws Binding the Act of Construction

The legal rules for construction sites Perth are overseen by the Work Health and Safety Act 2020, which gives certain guidelines for PCBU to adhere to. Breach of the terms may subject employers to harsh legal penalties and compensation.

• Ensuring employee well-being: The Act states that the business responsible for the construction undertakings must ensure the well-being of its workers so far as is reasonably practicable. This includes judging the likelihood of the hazard occurring and taking the necessary precautions, assessing the degree of harm the process of construction poses and taking the required measures.
• Minimize dangers and issues: The owner should be knowledgeable about the hazards and take all the proper steps to minimise them. The availability and the conditions of the site are analysed, and adequate controls should be set up accordingly. If the cost factor is not too high, the proper safety measures should be installed.
• In case the price of installation of a safety device is too high and the danger potential is minimal, it may be unreasonable to acquire it. However, in such cases, the consultation of building and construction lawyers Perth is necessary.

To elaborate on the detailed obligations, the Work Health and Safety (General ) Regulations 2022 are also enforced, which impose duties such as the security of the construction site to prevent unethical access and restrictions on mounting a scaffold while it is incomplete.

How to Claim Worker’s Compensation?

Under the Workers’ Compensation and Injury Management Act 2023, an employer must have a policy of insurance that covers their liability to pay compensation with regard to a construction accident.

• Once the injury is inflicted, workers must immediately seek medical attention and report the incident to their employer as soon as possible. A claim of compensation is only valid within 12 months after the injury occurs.
• The documents should contain the claim approval form along with a certificate of capacity for the claim, which includes medical evidence.
• The insured employer, within 7 days of receiving the documents of the injured worker, should submit them to the insurer. If the employer still does not give the worker’s details to the insurer, the worker may directly approach the insurer.
• If the employee is unaware of the insurer’s details, they should visit WorkCover WA, which may disclose the identity of the insurer for the purpose of obtaining compensation.

Within 14 days after a compensation claim, the insurer must give the worker a liability decision notice stating the extent of compensation that will be provided by the employer based on the extent of impairment and employment status. If you are not content with the terms of the policy, the matter should be taken up by workers’ comp lawyers Perth WA.

Conclusion

Construction work in the developing economy of Western Australia is inevitable, and so is the safety of the person who carries out the work. In case of any accidents that result in an employee incurring an injury or permanent impairment, consulting the best workers’ compensation lawyers Perth is an effective way to claim fair compensation for the damage caused.