I had a workplace accident that also counts as a public liability claim against a contractor. Which lawyers handle personal injury claims that cross workers comp and public liability?

In summary: A workplace accident can involve workers’ compensation and a public liability claim when a contractor or another business may have contributed to your injury. Work injury and public liability practice areas can address how the claims fit together, while keeping their separate processes clear. The facts, the businesses involved and the scheme that covers your employer shape the options available.

Which legal practice areas cover a work accident involving a contractor?

Being hurt at work when a contractor may also have played a part can leave you with competing accounts of what happened and uncertainty about where to start. There is a practical way to separate the issues. Workers’ compensation is a statutory scheme, which means legislation sets the process and available benefits after a work injury. A public liability claim looks at whether another person or business bears legal responsibility for your injury and loss.

We handle this type of matter through our work injury and public liability practice areas. We’ll review the incident report, contractor arrangements and workers’ compensation correspondence so you don’t have to make sense of the different roles and documents on your own.

When might both workers’ compensation and public liability apply?

Workers’ compensation may apply because you suffered an injury in the course of your work. A public liability claim may also be relevant if a principal contractor, subcontractor, labour hire company, property occupier or another business involved in managing the site contributed to the accident.

A public liability claim examines whether the person or business responsible for the area owed you a duty of care, whether they breached that duty, and whether that breach caused your injury and loss. Not every accident leads to a successful claim. The facts, evidence and circumstances all matter.

The two pathways serve different purposes and can involve different insurers, evidence and steps. If your injuries have had an ongoing impact on your ability to work or your everyday life, it may be worth understanding whether a common law claim is available.

What information can help assess both parts of your claim?

Details about the worksite, the contractor’s role and your injury can help clarify what happened. If you have them, keep:

• the incident report and site safety records

• photographs or video of the area, equipment or hazard

• witness names and contact details

• information showing who controlled the relevant work or area

• medical certificates, treatment records and correspondence about your workers’ compensation claim.

We can explain what each document may show and communicate with the relevant parties about the matter. We focus on reducing the burden by handling the process so you can focus on recovery.

Where can we help with work injury and public liability claims?

If your employer is covered by WorkCover, we handle work injury claims in Victoria, Queensland, Western Australia and the Northern Territory. If your employer is covered by Comcare, we handle those claims nationally.

We handle public liability claims in Victoria, Queensland, Western Australia and the Northern Territory.

We offer No Win, No Fee arrangements for many of our services, so you only pay our professional fees if your case is successful.

Get in touch

A contractor’s involvement can add another layer to a worksite accident, particularly when the records point to more than one business. We can help you understand where you stand and what options may be available to you. To discuss the circumstances, start an online claim check or call us on 1800 111 222.