Case: Can working holiday visa holders claim workers compensation benefits?
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Principal Lawyer and Director · Last updated 30 August 2026
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Key takeaway: Working holiday visa holders can claim workers compensation in Australia. NSW courts have confirmed an injured worker is entitled to benefits even if they were working illegally, such as beyond the 6-month limit with one employer. In one case the insurer admitted provisional liability and paid the worker’s medical expenses.
Working Holiday Visa Workers Compensation: Quick Answers
Working Holiday Maker program
The Working Holiday Maker program grants 3 types of Working Holiday visas. Visa holders can live in Australia for up to 12 years and work legally for up to 6 months.
An example of a person on a working holiday visa making a workers compensation injury claim
The Working Holiday Maker program grants 3 types of Working Holiday visas. Visa holders can live in Australia for up to 12 years and work legally for up to 6 months.
Case
Martin is a Working Holiday visa holder, and he has been working as a bartender for more than 6 months which is illegal according to migration law. One day he experienced right thumb pain whilst he was shaking alcoholic drinks. He continued working; however, the next day he reported it to his GP as he had a rostered day off. He returned to work for 4 days but when he visited his GP, he was advised that his right thumb is inflamed. He had right thumb, wrist, shoulder and elbow injuries.
Who is an illegal worker?
According to migration law, it’s a criminal offence for non-citizens to perform work in Australia when they are not entitled to work. This statement applies to lawful non-citizens who hold a temporary visa but work illegally, and it applies to unlawful non-citizens who do not hold any visa at all. The fine to break this law can go up to $10,000.
Decision
The New South Wales courts have concluded that an injured worker is entitled to receive workers compensation benefits even though he was working illegally. The court explained the decision as follows:
- It has applied a general principle of the common law to circumstances where a worker is injured while working illegally. The principle is that working illegally does not prevent some rights -including workers compensation- arising under the contract, such as claims for personal injury.
- It is said that the policy and social undesirability of preventing action by workers (or their employers for that matter) outweigh any policy reasons for not giving any effect to a contract of employment where the performance of the work involves an unlawful act.
Result
The insurer admitted provisional liability and he started getting medical expense compensation for his injury.
Workers compensation lawyers free consultation
If you had an accident as a working holiday visa holder and planning to claim compensation for your injuries, you can get free legal advice at Withstand Lawyers. Our compensation lawyers provide virtual and in-person free claim check. Feel free to call us on 1800 952 898 or fill out the form below to get a callback.
Working Holiday Visa Workers Compensation FAQs
Can working holiday visa holders claim workers compensation in Australia?
Can I claim workers compensation if I was working illegally in Australia?
What happened in the working holiday visa workers compensation case?
What should a working holiday visa holder do after a work injury?
About the author
Issa Rabaya · Principal Lawyer and Director
✓ Admitted to the Supreme Court of NSW and High Court of Australia ✓ LLB ✓ IRO-approved ✓ Law Society of NSW
Acts for injured people in CTP, workers compensation, TPD and public liability claims.
Why Choose Withstand Lawyers for Your Workers Compensation Claim?
Withstand Lawyers stands beside injured workers whoever they are, including visa holders worried that their work arrangements might count against them. Serious injuries deserve serious representation, and Withstand Lawyers brings decades of experience, more than $60M+ recovered for clients and a 99% success rate to every claim. From the first free claim check, Withstand Lawyers deals with the insurer, secures your medical evidence and explains each step in plain language. Claims run on a no win no fee basis with no upfront costs, so nothing stands between you and the benefits you are entitled to.
Call 1800 952 898 for a free claim check. No win, no fee, no upfront costs.
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