Case Study
A mature-age apprentice fell onto a concrete floor at a construction site while working without adequate protections in place. The insurer disputed both liability and his capacity to work.
Client
Jeremie*, mature-age apprentice
Injury
A fall onto a concrete floor at a construction site
Claim type
Statutory workers compensation, then work injury damages
The issue
Inadequate training, supervision and safety measures
Jeremie* was a mature-age apprentice construction worker on an active site. He was committed to retraining and to building a long-term career in the industry, but he was inexperienced in the role, and he relied on the job for financial stability.
His income was what supported him and his family. That is what made an injury more than a setback.
In the course of his employment, Jeremie fell onto a concrete floor at a construction site. He was carrying out work tasks at the time, without adequate protections in place.
He sustained significant physical injuries, leaving him with ongoing pain, reduced functional capacity, and no safe way to perform the duties he had been doing before. Time away from work and the cost of ongoing treatment created immediate financial strain.
The workers compensation insurer pushed back on several fronts at once. It disputed liability and his work capacity, challenged the extent of his injuries on an ongoing basis, and left his long-term earning capacity unresolved.
Underneath the insurer's position sat a larger question: whether his employer had provided a safe system and place of work at all, given that Jeremie was an inexperienced, mature-age apprentice.
We commenced and completed a work injury damages claim on Jeremie's behalf, and ran it alongside his statutory entitlements rather than after them.
That mattered for the timing. Progressing both together meant the payments and treatment he needed while the claim was on foot did not stop while the damages claim was being built.
Obtained detailed medical and vocational evidence on the extent of his injuries and his future earning capacity.
Investigated the circumstances of the fall and the safety arrangements on site.
Established employer negligence, including inadequate training, supervision and safety measures for an inexperienced worker.
Progressed the statutory entitlements and the common law damages claim as one coordinated strategy.
Completed the work injury damages claim, concluding the matter without unnecessary litigation.
Employers must provide safe systems of work, and that duty is higher, not lower, for an inexperienced worker.
Early legal advice can be critical in identifying negligence and securing compensation after a construction site injury.
— Burke Mead Lawyers
The client’s name has been changed to protect their privacy. This case study describes one matter only and is provided as general information — it is not legal advice, and past outcomes do not guarantee or predict the result of any other claim. Every claim is assessed on its own facts. Liability limited by a scheme approved under Professional Standards Legislation.
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