Work accidents · Scaffolding collapses
Scaffolding collapse injury claims in Queensland — for workers hurt when scaffolds fail or fall protection was missing.
Scaffolding collapses and falls from height are treated as serious workplace injuries in Queensland under the Workers’ Compensation and Rehabilitation Act. Statutory benefits begin under WorkCover, and where the collapse was caused by someone’s negligence — defective erection, missing edge protection, no fall arrest — you can also run a common-law claim for the full loss.
- No-obligation first consultation
- No win, no fee*
- We set out our costs in writing at the start.
Your time limits
Queensland law- 6 monthsLodge your WorkCover application
- 20 business daysWorkCover decides
- 3 yearsStart court proceedings for damages
Two claims, one team
WorkCover supports your recovery. We investigate any damages claim early.
Accepted statutory claims pay benefits during recovery. We investigate any employer or third-party negligence claim alongside them.
Statutory
WorkCover claim
No fault to prove.
- Weekly payments while you can’t work
- Medical, hospital and rehabilitation costs
- A lump sum if you’re left with a permanent impairment
Lodge within 6 months. The insurer aims to decide within 20 business days.
Common law
Damages claim
Negligence has to be shown.
- Pain and suffering, on Queensland’s injury scale
- Past and future lost earnings and super
- Care, future treatment and out-of-pocket costs
Notice of Claim for Damages, a compulsory conference, and court within 3 years if needed.
The Notice of Assessment
The Notice of Assessment is where the claims can split.
Don’t sign a lump sum offer before advice.
Once your injury stabilises, WorkCover assesses your permanent impairment and may offer a lump sum. What you can do next depends on the rating.
- Under 20%Taking the lump sum ends your right to claim damages against your employer. The choice can’t be undone.
- 20% or moreYou can take the lump sum and still claim damages.
- 20 business daysTo dispute the impairment rating if you think it’s wrong.
How it happened
Most scaffolding injury claims start one of four ways.
If you were hurt when scaffolding gave way or you fell from height, you’ll probably recognise your situation below. Each of these usually opens both a WorkCover claim and a common-law claim, because a duty of care was breached.
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The scaffold itself failed.
A platform, board, tie or coupler gave way — or the scaffold was never erected or inspected properly. You fell, or were struck when part of it came down. Erection and inspection of scaffolding where a person could fall more than 4 metres is high-risk work that must be done by a licensed worker under the WHS Regulation.
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Edge protection or fall arrest wasn’t there.
There were no guardrails, the harness point wasn’t rated, or you were never given proper fall-arrest equipment. You fell from the platform. When the control that should have stopped the fall is missing or inadequate, that points to a breach of duty.
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The system of work was unsafe.
The scaffold was overloaded, incomplete, or being moved while you were on it; a safe work method statement wasn’t followed, or an incomplete scaffold wasn’t tagged out. Now you’re facing surgery and the employer is calling it an accident.
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You weren’t trained or properly supervised.
You weren’t given the right equipment, induction, supervision or PPE for work at height. You can run a claim whether you were an employee, an apprentice, a labour-hire worker or a subcontractor — what matters is who controlled the site and the work.
Straight after the injury
Four things to do straight away.
Report it
Tell your employer, and make sure it’s written in the register of injuries.
See a doctor
Ask for a work capacity certificate. You need one to lodge your WorkCover claim.
Lodge within 6 months
Your WorkCover application, from when your entitlement arises.
Keep records
Photos of the site and injury, witness names, pay slips and receipts.
Time limits
Five time limits that decide what you can claim.
Miss the first one and the WorkCover claim can be refused. Miss the last and the damages claim is gone.
- 6 monthsLodge your WorkCover applicationWithin 6 months after your entitlement to compensation arises, usually when a doctor first assesses the injury.
- 20 business daysWorkCover decidesThe insurer aims to decide your application within this period after it is lodged.
- 3 monthsReview a rejected claimApply to the Workers’ Compensation Regulator for a review of the decision.
- 20 business daysDispute your impairment ratingAfter your Notice of Assessment arrives, if you think the rating is wrong.
- 3 yearsStart court proceedings for damagesFrom the date of the injury, after the pre-court steps. Start early: those steps take time.
What you can claim
Two claims cover different losses.
What WorkCover pays
- Weekly payments while you can’t work
- Medical, hospital and pharmacy costs
- Rehabilitation and return-to-work support
- Travel for treatment
- A lump sum for permanent impairment
- Death benefits for dependants
What a damages claim covers
- Pain, suffering and loss of enjoyment of life
- Past and future loss of earnings
- Lost superannuation
- Paid care and assistance
- Future treatment and out-of-pocket costs
- Interest on past losses
Statutory limits apply to damages, and WorkCover benefits already paid are refunded from them.
How we run your claims
Five steps. Both claims. One team.
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Step 1
No-obligation first consultation
We check whether one or both claims apply, and what each is likely to cover. -
Step 2
WorkCover application
Lodged with your medical certificate, well inside the 6 months. -
Step 3
Damages case built early
Site evidence, witnesses, engineering and medical reports, while WorkCover runs. -
Step 4
Notice of Assessment
We compare the lump sum with your damages claim before you choose. -
Step 5
Conference, then court if needed
Many claims resolve at the compulsory conference. If not, court proceedings start within the 3 years.
Costs
What it costs you.
No win, no fee* on damages claims
If your damages claim doesn’t succeed, you pay no professional fees for our work. You may still have to pay outlays, such as report and court fees, if your costs agreement says so. If a court case is lost or withdrawn, or you don’t do better than an offer the other side made, you may have to pay the other side’s legal costs. We explain this in writing before you sign.
No-obligation first consultation
You decide whether to go ahead once you know your options and the likely costs.
Everything in writing
Fees and outlays for each claim are set out in a costs agreement before we start.
Capped at 50%
Our professional fees are capped at 50% of what you recover, after refunds and outlays (Legal Profession Act 2007 (Qld) s 347).
Questions
Straight answers.
Yes. If you were injured at work when scaffolding collapsed, you can lodge a statutory workers’ compensation claim through WorkCover Queensland under the Workers’ Compensation and Rehabilitation Act 2003 (Qld). This is a no-fault scheme that covers medical treatment, rehabilitation and weekly payments regardless of who was at fault. If the collapse was caused by someone’s negligence, you may also pursue a separate common law damages claim for a larger lump sum. Call Carter Capner Law on 1300 529 529 for a no-obligation first consultation.
Liability can rest with several parties. Under the Work Health and Safety Act 2011 (Qld), a person conducting a business or undertaking (PCBU) — such as the principal contractor, the scaffolding company that erected the structure, or your employer — owes a duty to ensure health and safety so far as is reasonably practicable. Scaffolding over four metres is high-risk construction work that must be erected and dismantled by a licensed scaffolder. A common law claim may be brought against whichever party’s negligence caused the collapse. Carter Capner Law can identify the correct respondent on 1300 529 529.
A statutory workers’ compensation claim under the Workers’ Compensation and Rehabilitation Act 2003 (Qld) is no-fault — you receive benefits without proving negligence, but the amounts are limited. A common law damages claim requires you to prove that an employer or other party was negligent, but it can deliver a much larger lump sum covering pain and suffering, past and future economic loss, and future care. You generally must finalise the statutory claim and receive a Notice of Assessment before pursuing common law damages. Speak to us on 1300 529 529.
Time limits are strict. A statutory workers’ compensation application should be lodged within six months of the injury. A common law negligence claim is subject to a three-year limitation period under the Limitation of Actions Act 1974 (Qld), running from the date of injury, and the pre-court Notice of Claim procedure in the Workers’ Compensation and Rehabilitation Act 2003 (Qld) must be started well before that deadline. Missing a deadline can bar your claim entirely, so contact Carter Capner Law promptly on 1300 529 529.
Statutory benefits cover reasonable medical and rehabilitation expenses, weekly compensation for lost wages, and a lump sum for permanent impairment. A successful common law claim can provide substantially more, including damages for pain and suffering, past and future loss of earnings and superannuation, the cost of future medical treatment and care, and out-of-pocket expenses. The value depends on the severity of your injuries and their impact on your earning capacity. For an estimate of your entitlements, call 1300 529 529.
If you were injured as a member of the public — for example, a pedestrian struck by falling scaffolding — you may bring a public liability claim rather than a workers’ compensation claim. These claims are governed by the Personal Injuries Proceedings Act 2002 (Qld) pre-court procedure and the Civil Liability Act 2003 (Qld), and are also subject to a three-year limitation period under the Limitation of Actions Act 1974 (Qld). You would claim against the party responsible for the negligent erection or maintenance of the scaffold. Carter Capner Law can advise on 1300 529 529.
Guides that go further.
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Guide
Construction Site Injury Claims in Queensland: WorkCover, Subcontractors and Suing the Builder
Construction site injury claims in Queensland: WorkCover, subcontractors with an ABN, suing the builder or another trade, falls, scaffolding and time limits.
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WorkCover
What to do when you’ve been injured at work?
The first steps after a workplace injury, what WorkCover pays, and the six-month and three-year time limits.
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First steps
I’m Hurt at Work, Now What? Your First 72 Hours Explained
What to do in the first three days: reporting the injury, seeing a doctor, the Work Capacity Certificate and lodging your claim.
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Time limits
Time Limits for Workers’ Compensation Claims in Queensland
Six months to lodge a WorkCover claim, three years for common law damages, and the exceptions that can extend them.
Hurt at work?
Talk to a lawyer before you sign anything WorkCover sends you. There’s no obligation to go ahead.
General information only, not legal advice about your situation. No win, no fee* applies to damages claims: if the claim doesn’t succeed, you pay no professional fees; whether outlays are payable depends on your costs agreement. If a court case is lost or withdrawn, or you don’t do better than an offer the other side made, you may have to pay the other side’s legal costs.