Case: Can working holiday visa holders claim workers compensation benefits?

Issa Rabaya

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Issa Rabaya

Principal Lawyer and Director · Last updated 31 July 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

Can working holiday visa holders claim workers compensation in Australia?
Yes. If you are injured at work in NSW while on a Working Holiday visa, you are entitled to claim workers compensation benefits, including medical expenses and weekly payments. This applies even where the work arrangement breached visa conditions, such as working beyond the 6-month limit with one employer.
Can I claim workers compensation if I was working illegally in Australia?
Yes. The NSW courts have concluded that an injured worker is entitled to workers compensation benefits even though they were working illegally. The courts applied the common law principle that illegal work does not prevent rights arising under the employment contract, including personal injury claims, even though fines for illegal work can reach $10,000.
What happened in the working holiday visa workers compensation case?
Martin, a Working Holiday visa holder, had worked as a bartender for more than 6 months, which breached migration law. He suffered right thumb, wrist, shoulder and elbow injuries at work. Despite the illegal work, the insurer admitted provisional liability and he began receiving medical expense compensation for his injuries.

young bartender working holiday visa

Working Holiday Maker program

working holiday visa

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.

hotel bar in sydney australia

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?
Yes. If you are injured at work in NSW while on a Working Holiday visa, you are entitled to claim workers compensation benefits, including medical expenses and weekly payments. This applies even where the work arrangement breached visa conditions, such as working beyond the 6-month limit with one employer.
Can I claim workers compensation if I was working illegally in Australia?
Yes. The NSW courts have concluded that an injured worker is entitled to workers compensation benefits even though they were working illegally. The courts applied the common law principle that illegal work does not prevent rights arising under the employment contract, including personal injury claims, even though fines for illegal work can reach $10,000.
What happened in the working holiday visa workers compensation case?
Martin, a Working Holiday visa holder, had worked as a bartender for more than 6 months, which breached migration law. He suffered right thumb, wrist, shoulder and elbow injuries at work. Despite the illegal work, the insurer admitted provisional liability and he began receiving medical expense compensation for his injuries.
What should a working holiday visa holder do after a work injury?
Report the injury to your employer as soon as possible and see a GP to have the injury documented, as Martin did the day after his symptoms started. Then get advice on lodging a workers compensation claim. Withstand Lawyers provides a free claim check, virtually or in person; call 1800 952 898 for a callback.
Issa Rabaya, Principal Lawyer and Director at Withstand Lawyers

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.

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Why Choose Withstand Lawyers for Your Workers Compensation Claim?

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