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Construction Accident Law in Melbourne, Australia deals with incidents that happen on building and construction sites, often involving potential legal liability. It's part of the broader field of personal injury law, but it specifically relates to scenarios that involve construction crews and other site-related hazards. These mishaps can range from minor injuries to fatal accidents. If you're a victim of a construction accident in Melbourne, you have the right to seek compensation and legal protection.
If you get injured in a construction accident, you may need a lawyer to help you understand your rights. They can guide you through the process of formally declaring your injury, adhering to the requisite timelines, and gathering the necessary evidence to support your claim. A lawyer will also represent you against the insurance companies or in court, should it come to that. In worst-case scenarios involving death, a lawyer can assist family members to make a claim on behalf of the deceased.
In Melbourne, Australia, the WorkSafe Victoria and the Occupational Health and Safety Act 2004 (OHS Act) regulate the safety standards for construction sites. In case of an accident leading to injury or death, an employer may be held negligent if they failed to adhere to these safety standards. The laws allow those injured on construction sites, or their families in case of death, to claim compensation. Immediately reporting the injury, seeking medical treatment and legal help are crucial parts of the process.
Notice of an injury should be given to the employer as soon as possible after the accident. For lodging a claim, you generally have six years from the date of the accident, or when you first become aware of your injury.
If an employer is found to be negligent, they can be held legally responsible and you may be entitled to make a common law claim in addition to your statutory benefits.
In Australia, it's illegal for an employer to terminate an employee or change their working position because they lodged a compensation claim.
Compensation may cover loss of income, medical expenses, pain and suffering, and any future loss of earnings. Each case is unique and the exact claim depends on your circumstances.
Even subcontractors have rights under the law. If you are injured as a subcontractor, seek legal advice immediately to understand your rights and possible entitlements.
WorkSafe Victoria is a valuable resource for understanding your rights and obligations in the wake of a construction accident. The Law Institute of Victoria can help you find an accredited specialist in personal injury law.
If you've been impacted by a construction accident in Melbourne, take immediate steps to protect your rights. Seek medical treatment, notify your employer, gather relevant information/evidence about the accident, and consult with a lawyer to understand your entitlements and to make a strong claim for compensation.
