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Construction accidents are unfortunately a common occurrence in Perth, Western Australia due to the hazardous nature of the construction industry. The Construction Accident Law is a subset of personal injury law that involves legal regulations and procedures, and deals specifically with injuries or accidents that occur on or around construction sites. Australian construction workers are protected by national work health and safety laws as well as the State Occupational Safety and Health Act 1984 and Occupational Safety and Health Regulations 1996.
Even with rigorous safety measures, accidents do occur on construction sites due to a variety of factors like machinery malfunctions, work negligence, unsafe work practices, and more. If you're a construction worker who has suffered an injury or if you're the dependent of a worker who has tragically died in an accident, you may need a lawyer to understand and fight for your legal rights. This might include claiming workers' compensation, seeking compensation for pain and suffering, or determining your rights in instances where safety regulations were breached.
The local laws surrounding construction accidents in Perth are primarily regulated by the State Occupational Safety and Health Act 1984 and Occupational Safety and Health Regulations 1996. These laws ensure safety and health requirements are met, including reporting serious injuries and fatal accidents, safety protection for all workers, and the enforcement of safety rules and regulations. Breaches of these regulations can lead to severe penalties and legal consequences for companies.
Immediately report the accident to your supervisor and get necessary medical attention. Also, it is essential that you keep all medical records and documents related to the accident.
Even if you're partially at fault for the accident, you may still be eligible to claim workers' compensation and potentially additional compensation depending upon the circumstances.
Yes, emotional or psychological injuries may be covered under workers' compensation, particularly if they can be directly linked to a specific incident at work.
In some cases, you may be able to sue your employer for damages, particularly if negligence or a breach of duty of care can be proven.
Typically, you have three years from the date of the accident to make a personal injury claim. In case of workers' compensation, you have 12 months to make a claim but it is advisable to do so as soon as possible.
The WorkSafe Western Australia Commissioner and SafeWork Australia are resources with detailed information about workplace safety and health, including construction accidents. Trade unions like the Construction, Forestry, Maritime, Mining and Energy Union may also provide valuable guidance and assistance.
If you need legal assistance related to a construction accident, you should consult a legal professional who specializes in personal injury as soon as possible. These lawyers are well versed in construction accidents and can guide you through the complex legal process whilst ensuring your rights are protected and you gain fair compensation.
