# Construction Accident Lawyers in Melbourne Source: https://mklawgroup.com.au/building-dispute-lawyers/construction-accident/ Last updated: 2026-08-10 A site accident starts two very different legal tracks. The injury claim runs through WorkCover. Everything else, the liability fight, the indemnity clauses, the insurance arguments and the property damage, is civil work, and that is what we do. ## An accident starts two legal tracks, and you need to know which one you are on Something has gone wrong on site. Someone is hurt, or a load has come down on the neighbour's roof, and now WorkSafe is asking questions, the insurer wants a statement and the head contractor's lawyers are drafting letters. Sort the tracks first. The injured person's compensation claim runs through WorkCover, Victoria's no-fault scheme. If that is you, report the injury to the employer within 30 days and lodge the claim form. WorkCover and serious injury damages are specialist personal injury work, and MK Law does not pretend otherwise: on a free call we will tell you if that is your claim and point you to the right firm. Everything else the accident sets off is civil litigation. That is our work, and it usually costs the parties more than they expect if it is handled late. Call [1800 130 120](tel:1800130120) before you give the insurer a statement or answer the head contractor's letter. ## The disputes an accident leaves behind Once the site is safe, the money questions start, and they land on whoever is slowest to get advice. Property damage comes first. A crane drops a load over the fence, an excavation moves the neighbour's foundations, demolition cracks the party wall. These run as negligence claims and as claims on public liability and contract works policies, and we act both for the owner whose property was hit and for contractors defending the claim. Then there is the delay. A stop-work order wrecks the program, and whether you can pass those costs on, or are about to wear liquidated damages for them, comes down to the contract: the suspension clause, the extension of time rights, and who caused the incident in the first place. Where that argument grows into a full building dispute, the [building disputes guide](https://mklawgroup.com.au/building-dispute-lawyers/building-disputes-guide/) maps the steps from the first letter through conciliation to the tribunal. Behind that sit the indemnity and contribution fights. Principal, head contractor and subcontractor each hold a contract saying someone else pays. The wording decides it, and courts construe indemnities strictly. Whatever is left gets split between the parties at fault according to their share of the blame. Insurance is the last layer, and often the loudest. The insurer denies the claim, relies on an exclusion, or accepts it and then chases you for recovery. Coverage disputes are contract disputes, and they respond to pressure applied early. > After a site accident everyone holds a contract saying someone else pays. The party who gets their indemnity and insurance position read first is usually the one who avoids the bill. > > MK Law Group ## Who actually pays Liability rarely sits in one place. Workplace safety law puts duties on employers and on anyone who manages or controls the site, and a WorkSafe investigation runs on its own track. The civil bill is divided differently: by negligence, by the contract chain, and by the insurance program behind it. Getting that division right is what the fight is actually about, and it is won on documents, the same way the rest of our [building dispute](https://mklawgroup.com.au/building-dispute-lawyers/) work is. Sometimes the party who caused the loss was never on the tools. Where a design engineer, a building surveyor or a certifier got it wrong, the money is recovered as a [professional negligence claim](https://mklawgroup.com.au/professional-negligence-lawyers/professional-negligence-claims-guide/) against them and the insurer standing behind them. ## What to do this week Keep the incident report, the site diary, the photos and the subcontract. Notify your insurer in writing, because policies punish late notice. Do not admit liability, and do not sign a statement for anyone else's insurer without advice. Then call us on [1800 130 120](tel:1800130120). The first call is free and we will map who is exposed, who is covered and what to send, and to whom, first. **Insurers and head contractors move fast after a site accident** Policy notification deadlines are often measured in days. One free call sorts out what you report, what you sign, and what you should keep well away from. If the accident sits inside a wider fight about defective work or an unpaid contract, our [contract lawyers](https://mklawgroup.com.au/contract-lawyers/) run that side of it with us, and on a house or a renovation the surrounding claim is usually a [domestic building dispute](https://mklawgroup.com.au/building-dispute-lawyers/domestic-building-disputes/). ## Frequently asked questions ### I was injured on a building site. Can MK Law run my compensation claim? We will be straight with you: MK Law is a civil litigation firm, not a personal injury firm. If you are an injured worker, your first step is the WorkCover scheme. It is no-fault, and you should report the injury to the employer within 30 days and lodge your claim form promptly, because late notice can cost you entitlements. On a free call we will tell you whether your matter is a personal injury claim, and if it is we will point you to a specialist rather than take your money. Where we earn our keep is on the civil side of the accident: liability, contracts, insurance and property damage. ### The accident damaged neighbouring property. Who pays for that? Property damage from site work, a dropped load, a collapsed excavation, demolition debris, runs as a negligence claim and often as a claim on the builder's public liability or contract works insurance. The real fight is usually between the principal, the head contractor, the subcontractor whose crew did the work, and their insurers, each pointing at the other. We act for owners recovering the damage and for contractors caught in the finger-pointing. ### WorkSafe shut the site down after the incident. Can I recover the delay costs? Sometimes. It depends on your contract: who bears the risk of a suspension, whether the shutdown flows from one party's breach, and what the extension of time clause says. Builders can face liquidated damages for a blowout they say the incident caused, and owners can face claims for delay costs going the other way. Send us the contract and the shutdown notices before you concede anything. ### My subcontract says I indemnify the head contractor for any accident. Am I stuck with the whole bill? Not automatically. Courts read indemnity clauses strictly, and an indemnity is only worth what it actually says: many do not reach losses caused by the head contractor's own negligence unless the words clearly say so. How the indemnity interacts with the insurance clauses matters just as much. Before you accept liability or your insurer denies you, get the clause read properly. ### What are the time limits after a construction accident? As a general rule in Victoria, personal injury claims must be brought within three years and property damage and contract claims within six. Claims that count as building actions are also hard-capped at ten years from the occupancy permit. Insurance policies add their own, much shorter, notification deadlines. Given all that, a free call this week beats a diary note for next year. ## Contact MK Law Group - Phone: 1800 130 120 (24/7) - Email: marcus@mklawfirm.com.au - Office: 2/212 Barkly Street, St Kilda VIC 3182 - Enquiry form: https://mklawgroup.com.au/contact/ - The first call is free.