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Home Can Independent Contractors Get Workers Compensation?

Can Independent Contractors Get Workers Compensation?

Posted In NSW,Workers Compensation
Posted On June 30, 2021
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IN THIS POST

  • Are independent contractors covered under workers compensation?

independent contractor carpenters

 

Are independent contractors covered under workers compensation?

It is important to know your place in the insurance scheme in the face of the emerging forms of working. Whether you are a contractor, sub-contractor, sole trader or freelancer, knowing where you stand will be critical against a possible future injury arising out of employment. It is common that people are left illegible from claiming workers compensation because they did not take out their own workers compensation insurance and were not covered by who they thought was their employer’s workers compensation insurance.

Workers are defined by the NSW legislation as a person who works under a contract of service or a training contract with an employer. This area of law is difficult and specific to individuals circumstances. In some cases what you may think is a subcontractor could be considered an employee and vice versa. When faced with a work-related injury, deemed workers are entitled to claim compensation for their losses.

Definition In the workers insurance scheme of New South Wales (NSW), the definition of the word “worker” can be expanded to include independent contractors. However, types of contracted employment is differentiated under the Workplace Injury Management and Workers Compensation Act 1998 (NSW) and contractors without “deemed workers” status are not necessarily granted workers insurance.
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On the other hand, contractors who employ other people or delegate or sub-let work to others or maintain a business in their own name are not defined as deemed workers and are required to have their own form of workers compensation insurance given that they are not employees.

 

Although the Workers Compensation Act 1998 (NSW) has a detailed classification of contractors who can be considered as deemed workers for insurance purposes, distinguishing between a contractor and a worker can still be confusing. Determining a contractor’s entitlement to workers insurance depends on a variety of criteria. According to iCare, a contractor is more likely to

  • be engaged to carry out a particular task using their own skill and judgement
  • employ others, delegate and sub-let work to another
  • be paid on the basis of a quotation for the job
  • supply their own tools and materials
  • carry on an independent business in their own name or under a business or firm name.
independent contractor worker fixing

A worker, on the other hand, is more likely to

  • be directed by the employer regarding work to be performed and the time and manner in which it is performed
  • be required to actually carry out work
  • be paid on a time basis
  • wear company uniform
  • have tools and materials supplied by the employer
  • work exclusively for a single employer
  • be affected by PAYG tax arrangements.

It is important from the outset of your employment to understand and for it to be clearly documented whether you are an employee or not. It is important to ensure that you are covered in the unfortunate event that you are injured in the course of work but are not covered because you thought you were an employee covered by your employer however you are in fact not an employee and did not take out your own workers compensation insurance.

State Insurance Regulatory Authority (SIRA) also has an online tool to help determine a person’s worker status for workers insurance purposes, which can be accessed via this link.

If you are still unsure about your status regarding workers insurance, our workers compensation lawyers can offer guidance on your situation and help you claim your rights and entitlements. Our workers compensation lawyers are approved by the Workers Compensation Independent Review Office (WIRO) which means you do not pay for our costs and disbursements. For further information you can call us on 1800 952 898.

Issa Rabaya

Issa Rabaya

• Bachelor of Laws
• Graduate Diploma in Legal Practice
• Approved Legal Service Provider to the Independent Review Office
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The Lawyers at Withstand are really really helpful I know I waited for quite a few years to get my results for the Motor Vehicle Accident and then I got a call just a month ago from Nayven Taouk. He told me that he's going to take up my case and yes we got the Best Outcome. Thank you!
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Thank you Nayven, Issa and team you have all gone above and beyond in helping me with my Workers Compensation case. You are all very professional, thorough and compassionate, thank you all once again!
David L
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A big thank you and commendation to the team at Withstand Lawyers. Caring and compassionate, the team achieved a fantastic result for G and guided him every step of the way with their honest and assuring advice. G and his family couldn't be more pleased with the result, even when others said he didn't have a chance. Withstand Lawyers understood the merits of the case and worked tirelessly to get a fair and just outcome. Can't thank them enough for their hard work and diligence through G's case. Highly recommended.
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I just want to thank you as you have done well in my case as I have been to many lawyers before I came to you and they were never able to work on my case thank you so much issa rabaya you were always on spots with your appointment as you always on time with all the paperwork it needed You the best one in Sydney I have worked with Kind regards Emad
Kristy W
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The Withstand lawyers team that helped me with my claim were amazing, talking me through each step and being understanding and thoughtful to my feelings. I would highly recommend them to anyone needing compensation lawyers. Thank you Withstand!!
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The team really know their staff. To Nayven, Issa, Sam and Danielle a heartfelt thank you for all your hard work, courtesy, superb efforts and a big thumbs up from me.
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Terrific experience and positive outcome. It was unfortunate we did not go to them first. I would recommend them for anyone who wants qualified, quick, efficient support. Thank you Tanja, Robert and the team.
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I was very happy with the professionalism with the team at Withstand Lawyers. They supported me through the whole process and were very prompt and helpful with all my enquiries. They were very competent with with the whole process which enabled me to confidentially trust them and and have a positive outcome stress free. I highly recommend this company for all insurance and superannuation matters.
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*Our No Win No Fee policy means that you will not be out of pocket for our costs or disbursements if you lose your claim – no win no fee. If we commence court proceedings and you are unsuccessful you still won’t be out of pocket for our costs and disbursements however you will be out of pocket for the other sides legal costs and disbursements. Prior to commencing proceedings we will provide you with an authority explaining the risks and costs which could arise if you lose in court, one being that if you lose in court you would be liable for the legal costs and disbursements of the other side.
Kristy W
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The Withstand lawyers team that helped me with my claim were amazing, talking me through each step and being understanding and thoughtful to my feelings. I would highly recommend them to anyone needing compensation lawyers. Thank you Withstand!!
Francis A
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The team really know their staff. To Nayven, Issa, Sam and Danielle a heartfelt thank you for all your hard work, courtesy, superb efforts and a big thumbs up from me.
Zilla W

Read More
The Lawyers at Withstand are really really helpful I know I waited for quite a few years to get my results for the Motor Vehicle Accident and then I got a call just a month ago from Nayven Taouk. He told me that he's going to take up my case and yes we got the Best Outcome. Thank you!
Hazel A

Read More
Terrific experience and positive outcome. It was unfortunate we did not go to them first. I would recommend them for anyone who wants qualified, quick, efficient support. Thank you Tanja, Robert and the team.
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*Our No Win No Fee policy means that you will not be out of pocket for our costs or disbursements if you lose your claim – no win no fee. If we commence court proceedings and you are unsuccessful you still won’t be out of pocket for our costs and disbursements however you will be out of pocket for the other sides legal costs and disbursements. Prior to commencing proceedings we will provide you with an authority explaining the risks and costs which could arise if you lose in court, one being that if you lose in court you would be liable for the legal costs and disbursements of the other side.

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