I fell off the scaffolding at work and broke my hip. What claims can I make?

PUBLISHED 22 Apr 2020

Accidents happen at the workplace literally on a daily basis. Some of these incidents are freak events, where a perfect storm or series of unfortunate circumstances lead to a fractured toe, elbow or hip.

In construction, however, the nature of the work makes it an industry where on-the-job injuries can be quite common. If you happened to fall from a ladder or elevated surface that wasn’t adequately equipped to mitigate safety issues, and required medical assistance, you may be entitled to compensation.

Construction is a leading industry for workplace injuries

Based on the most recent figures available from the Australian Bureau of Statistics, over 20% of the people injured while on the job between July 2017 and June 2018 worked in construction. When including illnesses, this translates to around 59 people per 1,000, ahead of manufacturing, health care and social assistance.

When it comes to types of injuries, falls were among the most common. Approximately 15% of work-related injuries or illnesses in the 11-month period resulted after falling from an elevated surface, the Australian Bureau of Statistics reported.

Aside from the physical pain and suffering that typically accompany falls – especially from lofty heights – treatment can cause severe pain in the wallet, even if you’re fully insured.

But you may be able to defray some – or all – of those expenses if your employer was negligent. In other words, your workplace may not have done all it can to ensure that the incident didn’t happen in the first place. This is made possible through the Workers Compensation Act, which stipulates that workers are entitled to a lump sum payment of their lost wages caused by having to miss work on doctors’ orders.

What you have to establish to demonstrate negligence

The burden of proof is on the plaintiff if an employer is to be deemed at fault. For example, you would have to establish that your employer failed to offer or provide adequate safety equipment designed to guard against falling and injuring yourself. If you were never trained in the process that resulted in your broken bone, fracture or dislocation, that too may be grounds for a lawsuit.

The impairment itself to you as a whole must reach a certain standard. For example, the current threshold is 15% or more. A qualified professional will be able to evaluate the degree to which you’ve been adversely affected in terms of performing at your best.

Knowing your legal options after a workplace can be confusing when you go it alone. With Gerard Malouf and Partners, it’s a whole lot easier. We’ve helped thousands of clients get the money they deserve after slip-and-fall injuries through no fault of their own. Contact us today to arrange a consultation.

Call us now on 1800 004 878 to book a free appointment with one of my compensation experts, or email your enquiry.