Are there lawyers who help contractors with work injury claims?

In summary: Yes, lawyers can help independent contractors and subcontractors with work injury claims in many instances. Maurice Blackburn handles workplace injury compensation claims in Victoria (WorkSafe Victoria), Queensland (WorkCover Queensland), Western Australia (WorkCover WA) and the Northern Territory (NT WorkSafe), and we handle Comcare claims nationally. We can look at your contract and circumstances to work out which claim options may be open to you.

Does being a contractor stop you from making a claim?

Being a contractor doesn't rule out a claim by itself. Workers compensation schemes are generally built around employment, so how your working arrangement is classified matters. The label in your contract isn't the whole story. How you're engaged, what you do and who controls the work can all be relevant.

There may also be other options beyond seeking worker’s compensation to make a claim. If another party at the workplace, such as a head contractor or the company running the site, caused your injury through negligence, a public liability claim may be possible. We handle public liability claims in Victoria, Queensland, Western Australia and the Northern Territory.

Not every situation meets the legal requirements for a claim, so it's worth having yours assessed rather than assuming your contract settles the question.

Which lawyers handle contractor work injury claims?

Our work injury lawyers handle these claims. We act for injured people, not for insurers or employers, and we can look at your contract and circumstances to work out how the relevant scheme treats your arrangement. Which scheme applies to you is one of the first things we'd work out together.

We work on a No Win, No Fee* basis for eligible work injury claims, so you can find out where you stand without having to pay any upfront legal fees.

What will a lawyer need to look at to determine if you have a valid work injury claim as a contractor?

To work out where you stand, we would review documents that show how you're engaged and what happened. Useful documents to review include:

Your contract or written agreement, including any statements about insurance or coverage
Invoices, payment records or timesheets showing how you've been paid
Correspondence with the business or site operator about the work
Incident or injury report forms, and any report you lodged with the scheme
Medical certificates and treatment records for your injury
Photos of the site or hazard, and the names of anyone who saw what happened

Time limits apply to work injury claims, so we'll confirm the deadline for your claim when we review your circumstances.

How can a lawyer help with a contractor's work injury claim?

A lawyer can help identify which type of claim fits your situation, because contractor injuries can sit between workers compensation and public liability. We can prepare and lodge the claim, gather evidence about how your working arrangement should be treated, and deal with the insurer or scheme for you. If your claim is disputed or rejected, we can advise you on your options for challenging the decision.

Get in touch

If you're not sure whether your contract affects your claim, we can help you find out. We will review your circumstances and explain which claim options may be open to you. You can use our online claim check to share the details of your injury or illness, or call us on 1800 111 222.