I was injured on a construction site. Can I claim against the main contractor or site owner?

Construction sites involve layers of parties: the developer or owner, the main contractor, subcontractors and labour suppliers. When a worker falls through an unguarded opening or is struck by a falling object, the first question is: who can be held responsible? This guide explains the statutory duties and the civil claim.

Who owes duties under OSHA 1994

The Occupational Safety and Health Act 1994 sets out several layers of duty:

• Employers to employees (s.15): to ensure, so far as practicable, safety, health and welfare at work, including safe plant and systems of work, information, training and supervision, and safe access and egress.
• Employers and self-employed persons to non-employees (s.17): to conduct their undertaking so that other persons who may be affected are not exposed to risks to their safety or health.
• Occupiers of non-domestic premises (s.18): where premises are made available to non-employees as a place of work, to take practicable measures so that the premises, access, egress and any plant or substance provided are safe.
• Principals (s.18A): to take practicable measures to ensure the safety and health of contractors, subcontractors and their employees when they work under the principal's direction as to the manner of the work. The measures include safe plant and systems of work, and allocating sufficient time, budget and resources for safety in construction work.

OSHA is enforcement, not a damages claim

Breaches of these duties can lead to investigation and prosecution by the Department of Occupational Safety and Health (DOSH). But section 59 provides that Parts IV to VI and the industry codes of practice do not confer a right of action in civil proceedings, and do not affect any existing right of action.

So the civil claim is usually based on common law negligence (and occupiers' liability), with OSHA duties and codes used as evidence of the standard expected.

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Can I sue my own employer?

If you are an insured person under the Employees' Social Security Act 1969, section 31 generally prevents you from recovering damages from your employer or its employees for an employment injury. Your remedy against the employer is SOCSO benefit. The exception is a motor vehicle accident covered by compulsory third-party insurance.

Suing the main contractor, developer or occupier

Section 31 does not protect parties who are not your employer. On a construction site this commonly includes:

• the main contractor, if you are employed by a subcontractor;
• the developer or owner who controls the site;
• another subcontractor whose work created the hazard, such as removing edge protection;
• the supplier or owner of plant such as a crane or scaffolding.

You must prove that the defendant owed you a duty of care, breached it, and caused your injury. Who controlled the area and the work method is often decisive.

What should I do first?

1. Get medical treatment and keep all records.
2. Report the accident to your employer and ask that it be notified to PERKESO and DOSH.
3. Photograph the scene quickly, before it is altered: openings, scaffolding, signage.
4. Note who controlled the work: names of the main contractor, subcontractor and supervisors.
5. Collect witness details from co-workers.

Example

A worker employed by a tiling subcontractor falls through an uncovered lift shaft opening. The main contractor had removed the cover for its own work and not replaced it. SOCSO pays benefit, and section 31 prevents a claim against the tiling subcontractor. His lawyer sues the main contractor in negligence as the party that created and controlled the hazard.

Common mistakes

• Assuming only your direct employer can be responsible.
• Not identifying all the companies on site.
• Allowing the scene to be cleaned up before photographs are taken.
• Relying only on OSHA breaches without proving negligence.

When to speak to a lawyer

Speak to a lawyer if you were seriously injured on a site and someone other than your employer may be responsible. See our civil litigation page; you can also contact us.

Frequently asked questions

Does DOSH's investigation report help my claim?

It can be useful evidence of what went wrong, though the court decides liability itself. Ask your lawyer how to obtain relevant documents.

What if I was working without a permit?

Your status may affect SOCSO coverage and other issues. Take advice; a claim against a negligent third party may still be possible.

How long do I have?

Personal injury claims are generally subject to six years under section 6(1)(a) of the Limitation Act 1953.

Sources & fact check

Legal points in this article were checked against the primary sources below. The law can change; this is general information, not legal advice.

1. Occupational Safety and Health Act 1994 (Act 514), AGC Laws of Malaysia
2. Employees' Social Security Act 1969 (Act 4), AGC Laws of Malaysia
3. Social Security Organisation (PERKESO / SOCSO), official portal
4. Civil Law Act 1956 (Act 67), including sections 7, 8, 12 and 28A, AGC Laws of Malaysia
5. Limitation Act 1953 (Act 254), including section 6, AGC Laws of Malaysia

Fact-checked on 18 Oct 2026