What is my entitlement to construction injury claim if I am sub-contractor?
Your entitlement to construction injury claim is the same whether you are a sub-contractor, self-employed, or an employee of a construction company. The condition under which you are entitled to make a claim for a construction injury is the presence of an injury for which someone who owes you a duty of care is responsible.
On a construction site, the construction company’s owner or manager is responsible for the work environment. As part of the construction company’s duty of care towards those working on the site, they are expected to perform safety checks and make ongoing risk assessments to minimise the risks of accidents to avoid legitimate claims for construction injury claim on the grounds of lack of care.
After you have suffered an injury on the construction site, you should go through the same procedures for seeking construction injury claim as a regular employee in any other workplace. As such, you should have your injury recorded on the site’s “Accident Report Book”, collect witness information, take photographs of the accident scene (showing details of the work environment in which you were injured) and anything else that may serve to support your claim for a construction injury. (Obviously, all these procedures should be done after you have received whatever immediate medical assistance.)
Thereafter, speaking with a personal injury lawyer about your accident will help you determine the viability of your construction injury claim. If you learn that you have a valid claim for construction injury that is worth your time to pursue, a lawyer can subsequently prepare a case on your behalf. This should be done within three years from the “date of knowledge” of your injury – the time limit for proceeding with most injury claims, including those for construction injury claim. It’s always best to speak to a lawyer as soon as conveniently possible.