There were 14,700 injury deaths in Australia between 2021 and 2022, and injuries are the leading cause of death for people aged 1-44. Falls caused 238,000 hospitalisations in 2022-23. Males are far more likely to end up in the Emergency Department.
In the construction industry in Australia, there are 35 serious claims each day, and around 12,600 worker’s comp claims every year.
If a tradesperson or contractor is injured while working on your property in Australia, you may have certain legal obligations and liabilities.
As a property owner or occupier, it’s important to understand your responsibilities regarding workplace safety and injury compensation. This article outlines key things you should know if a tradesman is injured on your property.
Your Duty of Care
Under Australian workplace health and safety laws, a property owner or occupier has a duty of care to provide a safe working environment for anyone on their property.
If you breach your duty of care and a tradesman is injured as a result, you may be liable even if you did not directly cause the injury.
Liability Claims from Injured Tradesmen
If a tradesman is injured while working on your property, there are a few possible legal claims they could make:
Workers compensation
This covers lost wages, medical expenses, and rehabilitation costs. A tradesperson would normally be covered under their employers’s workers compensation policy.
Public liability claim
The tradesman could sue you for negligence if your failure to provide a safe working environment caused their injury. This covers pain and suffering, loss of income, and treatment costs.
Breach of contract
If you had a contract with the tradesman, they could claim you breached it by failing to meet your duty of care obligations.
Criminal charges
In very serious cases, you could face criminal prosecution for reckless conduct endangering life. Fines apply.
The exact liability depends on the specific circumstances of the injury incident. But in general, you have a legal duty to protect the safety of workers on your property.
Your Homeowners Insurance
An employer might use workplace safety software to minimise risks, but as a property owner, having appropriate homeowners insurance is important.
However, while it protects you from liability claims if a friend, relative, or neighbour is injured on your property, in most cases, it will not protect you from a third-party liability claim from someone classed as a worker on your property.
This means you could be held liable if you don’t make sure their working environment is safe, such as removing an aggressive dog from the premises while work is carried out.
Some policies include the following extensions:
Domestic workers cover
Some policies have an extension to cover domestic workers such as pool cleaners or gardeners injured while working at your home. This provides protection if they claim.
Legal expenses
Your insurer may cover legal representation costs if you need to defend an injury claim.
Property damage
If the tradesman’s injury was caused by a problem at your home, like faulty wiring, your policy may cover repairs.
Check your insurance coverage and exclusions. You may need to increase liability limits or add extensions to get full protection. Inform your insurer about any incidents promptly.
The Difference Between Workers and Contractors
A gardener who comes weekly to maintain your garden and uses your tools and lawnmower is a worker. An electrician who comes to rewire your property and brings their own equipment and materials is a contractor.
These people are likely to have their own insurance or be covered by an employer’s workers compensation insurance.
If a worker is injured while working on your property, you would be liable for not providing a safe working environment.
WorkCover Insurance
WorkCover insurance provides compensation and support for employees/workers who suffer work-related injuries or illnesses. It is a mandatory insurance scheme regulated by state governments in Australia.
If an employee is injured at work, they can make a WorkCover claim to cover their medical expenses, rehabilitation costs, and lost wages. WorkCover insurance will pay out agreed compensation regardless of who was at fault for the injury.
Preventing Injuries and Claims
The best approach is to prevent tradesman injuries from happening in the first place. Some tips:
- Do thorough safety checks of your property before work begins to identify and fix potential hazards.
- Discuss safety protocols and responsibilities with the tradesman beforehand.
- Ensure ladders, scaffolding, and elevating work platforms meet standards and are used properly.
- Keep the work area clean and free of obstructions. Remove any unused materials, kids’ toys, boxes, etc., that could pose trip hazards.
- Provide safety equipment like harness systems if work is at heights.
- Check credentials, licences, and insurance status of tradesmen before hiring them. Ask to see copies of licences and certificates. Verify insurance policies are current and adequate.
By taking proactive safety measures, you can help protect the tradesman and minimise your own liability risks.
Responding to an Injury Incident
If a tradesman is unfortunately injured at your property, here’s how to respond:
- Make sure emergency medical assistance is provided immediately if required. Call 000 for an ambulance or transport to hospital without delay.
- Record details of how, when, and where the incident occurred. Document the sequence of events in writing as soon as possible.
- Take photos of the scene including any hazards that caused the injury. Photograph from multiple angles to fully capture the site conditions.
- Report the incident to your insurer promptly. Notify your insurer by phone and email within 24 hours of the incident occurring.
- Keep any relevant evidence like faulty equipment. Store defective tools or equipment securely in case they need to be examined later.
- Don’t admit liability or blame. Avoid speculating on fault or making apologies that could imply admission of guilt.
- Cooperate fully with any workplace safety authority investigations. Answer all questions honestly and provide all documentation requested.
- Consult your insurer before talking to lawyers representing the injured tradesman. Seek guidance from your insurer about responding to legal claims or correspondence.
Documenting the incident properly can help defend against exaggerated claims later.
By understanding your obligations as a property owner and taking the right insurance and safety precautions, you can avoid legal headaches if a tradesman gets injured onsite.
Make sure you know your responsibilities and consider whether you need WorkCover insurance.
