Workers’ Compensation, Statutory Lump Sum Compensation & Common Law Damages
Even though you may be termed an independent contractor, contractor or sub-contractor by the employer when your work injury occurred, it may very well be that you have the right to claim Workers’ Compensation.
Additionally you have the right to claim Statutory Lump Sum Compensation or Common Law Damages, or all of these payments, as a “worker” under workers’ compensation legislation.
Workers’ compensation legislation in Queensland
Following a review of the workers’ compensation scheme by the Queensland State Government, changes were made to workers’ compensation legislation in Queensland to limit the rights of workers who hold an ABN number and issue invoices to their employer in respect to their work.
The legislative changes result in the same definition of “worker” applying in workers’ compensation claims as that under taxation laws.
Just because you cannot claim workers’ compensation because you are deemed an “independent contractor”, “contractor” of “sub-contractor”, does not mean you do not have a right to claim damages.
Claiming from a company who contracted your services, or another party
You may still have a right to claim from the entity or company who contracted your services, or another party, where a negligent act or omission has resulted in your injury occurring.
These claims are usually pursued as a public liability claim, as opposed to a workers’ compensation claim.
Claims Have Time Limits
There is only a small window in which you can make compensation claims in Queensland
Even if you think your actions may have contributed to your injury, you may still have a claim well-worth pursuing
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