Personal Injury Lawyer Free Consultation: What if I am not able to attend it physically?

PUBLISHED 17 Feb 2020

In most cases, business owners are not responsible for compensating injured contractors. However, exceptions apply for certain types of jobs and contract work that meets specific standards. Applicable factors include:

  • Scope of the job: Part of being legally classified as a “contractor,” rather than an “employee,” involves having a degree of separation and independence from whoever has (temporarily) hired you. If a contractor has a job where the business they’re working for is doing things like determining the day-to-day schedule of the job or providing reimbursement for tools, that worker may be reclassified as an direct employee for legal purposes.
  • Taxes and benefits: If a business owner is withholding money from a worker’s paycheck for taxes, then that worker is most likely to be counted as an “employee.” Additionally, if a member of staff already receives benefits from a business, then they may be considered a full-time employee and thus eligible for workers compensation.
  • Reason for the injury: If the injury in question was caused by factors that were in the control of the business owner, such as an unsafe work environment or a mistake made by a full- or part-time employee. Whether for contractors or employees, businesses are legally required to provide a workspace that meets legal safety codes.

Laws specific to New South Wales

Even if a contractor fails to meet any of these criteria, they may still be entitled to workers compensation in some circumstances. The rules such situations vary wildly from state to state and generally apply to specific industries. In New South Wales, for example, contractors who work as salespersons, canvassers or rural workers are eligible for workers compensation. Those involved in almost every part of the prizefighting or mixed martial arts industries, such as wrestlers, boxers and referees, are also (almost always) eligible for compensation due to the inherent danger of those jobs.

Whether or not a contractor is eligible to file for workers compensation, they can always file a lawsuit if they’ve been unduly exposed to a working environment that is illegal or unsafe.

The very best in workers compensation law

If you are unsure if you have a workers compensation case, call the team at Gerard Malouf and Partners. We offer free on-the-phone and face-to-face consultations and generally work on a ‘no win, no fee’ basis. We recognise the importance of securing compensation for you and your family and have decades of experience taking on insurance companies and winning.

Call us now on 1800 004 878 to book a free appointment with one of my compensation experts, or email your enquiry.