Injured on the job as a contractor: What you need to know

It’s common knowledge that if you’re injured or ill because of your work, you have access to WorkCover insurance. However, the situation is more difficult for Contractors. Some contractors may be considered to be employees depending on their work arrangements and will have the benefit of WorkCover.

However, many Australians don't realise that WorkCover depends entirely on your employment status.

Unfortunately, many contractors are not covered by WorkCover. If you're a contractor who becomes injured because of your work, there are other ways you can claim compensation for your injury.

Key differences between employees and contractors

While both employees and contractors provide work for a business, the nature of their working relationship, including their legal rights, can differ significantly.

An employee is directly employed by a person or business and typically works under their control and direction. In contrast, a contractor (or independent contractor) operates their own business and provides services to others under a commercial agreement.

Am I covered under WorkCover or Public Liability?

Whether you're covered by WorkCover or Public Liability Insurance depends on your working arrangement and the circumstances of the incident.

WorkCover is designed to provide compensation for work-related injuries and illnesses. It generally applies to employees, but in some cases, contractors may also be covered by a work injury claim if they meet the legal definition of a ‘worker’. If you're unsure about your status, the most reliable way to find out is to lodge a WorkCover claim. 

WorkSafe will assess your situation and determine your eligibility. If your Workcover claim is accepted, you may receive payments for medical expenses, loss of wages and pain and suffering.

If your claim is rejected, then you may be entitled to pursue a negligence claim in situations where: 

1. The person/company contracting your services, or another contractor on site, did not provide a safe place for work;
2. The equipment used during your work was faulty and caused your accident; or 
3. You were working on third party property, and the owner/occupier of the premises is responsible for your accident.

Regardless of whether you're classified as an employee or a contractor, if you are injured at work, you should:

1. Record the details
   Write down an account of what happened, including the date and time. If possible, take photos of the accident scene and make note of any witnesses. 
2. Report the accident
   It's important to report the incident to the person or company that is contracting you. Make the report in writing, including key details of what happened.
3. Lodge a claim
   Once you have reported the accident, you should lodge a WorkCover claim and lodge a copy of the claim form with WorkSafe. 

What are my options if my WorkCover claim is rejected?

If you are ineligible for WorkCover but have been injured due to someone else’s negligence while performing your work, you should speak to a lawyer about a public liability claim. This type of claim is typically made against the person or business responsible for the environment or conditions that caused your injury.

Public liability insurance is designed to cover injuries to third parties, and it may apply if, for example, you injured yourself on  an unsafe surface at a worksite or were injured by faulty equipment provided by the business.

To pursue a public liability claim, you will generally need to demonstrate that the injury was caused by the fault of another party.

You should seek legal advice, as public liability claims can be complex and are usually handled through civil legal processes rather than through WorkSafe.

Making a public liability claim

If you or someone you love has been injured as a contractor due to someone else's negligence, you should speak to a lawyer. 

Maurice Blackburn's team of highly experienced public liability lawyers can talk through your situation and help you understand your entitlements.

Contact us today to find out how we can help you. 

Time limits apply, so don’t delay.

Generally, claims must be made within three years of the date of the incident.