What counts as negligence on a construction site?
Construction employers — including principal contractors, head builders, and project managers — have extensive safety obligations under Queensland's Work Health and Safety Act 2011. When they breach these obligations and a worker is injured, that's negligence. Common examples on building sites include:
Failure to provide fall protection. No guardrails on elevated platforms, missing edge protection, unavailable harnesses, or scaffolding that hasn't been inspected and tagged.
Inadequate training and supervision. Workers operating machinery they haven't been trained on, apprentices left unsupervised on dangerous tasks, or no site-specific safety inductions.
Defective or poorly maintained equipment. Worn slings, uninspected lifting equipment, faulty electrical systems, or vehicles without current safety checks.
No Safe Work Method Statements (SWMS). High-risk construction work requires documented SWMS. If the work proceeded without one, or the SWMS was inadequate, that's a clear breach.
Ignoring known hazards. Asbestos not properly managed, silica dust not controlled, overhead power lines not isolated, or water pooling creating slip hazards.
Who can be held responsible?
Construction sites have complex liability chains. The responsible party might be:
- The principal contractor — who has overall control of the site and broad safety duties to all workers
- Your direct employer — the subcontractor who engaged you and directed your work
- A neighbouring subcontractor — whose work created the hazard that injured you
- An equipment supplier or manufacturer — if defective equipment was involved
- A property owner or developer — in some circumstances where they retained control over safety
We investigate the full chain to identify every party who contributed to the failure. This can increase the total compensation available.
What additional compensation is available?
A successful negligence claim provides compensation beyond WorkCover statutory benefits. This typically includes general damages for pain and suffering, past and future lost earnings (minus WorkCover payments received), past and future medical expenses, and past and future care needs. For serious construction injuries — permanent spinal damage, amputations, traumatic brain injuries — common law damages can be very substantial.
Evidence that matters
Construction negligence claims rely heavily on evidence. The most valuable items include WHSQ incident investigation reports, site safety plans and SWMS documents, training records (or lack of them), site diary entries, photographs of the hazard or incident scene, witness statements from other workers, and equipment maintenance logs. We help gather this evidence early, before it disappears or is altered.