Brisbane Injury Lawyers offers a range of legal services for work related injury claims in Queensland. If you have been injured on a work site while operating as an independent contractor, you may still be entitled to compensation.
Under workers compensation legalisation or the law, you may actually be considered a ‘worker’ or ‘employee’, and not an independent contractor at all. This may even be the case if your employer calls you an ‘Independent Contractor’ and you have signed a contract stating this.
In Australia, workers’ compensation laws and entitlements vary between states. Depending on the state where an injury occurred, you may be able to sue for additional compensation under common law if your injury is the fault of the employer or any other person. For more information, contact us today and speak to one of our lawyers for help and advice.
Common Law Claims
Seeking compensation for an injury where negligence is involved is referred to as a common law claim. Negligence may involve a failure to provide a safe workplace, or it may include the acts of another party with no connection to the employer.
Most states and territories have specific legislation covering this type of claim. In Queensland, it is covered by the Personal Injuries Proceedings Act 2002.
What Can Be Claimed?
The compensation sought in a common law claim is called damages. There are two main categories of damages sought in a common law claim:
- Pain and suffering or general damages – this is compensation for the pain and suffering the worker has endured and will continue to endure, and their loss of enjoyment of life.
- Past loss of earnings and future loss of earning capacity – compensation for wages lost because the worker has been unable to work, and/or is unable to work into the future. There are restrictions on damages that differ between schemes across Australia.
If you have sustained an injury while performing your work, whether you are an employee or Independent Contractor, you may have a claim for injury compensation. Contact Brisbane Injury Lawyers to find out what your rights and entitlements are. Call us on (07) 3188 5800.