Case
Highlights
Our client suffered an injury to his spine and right knee as a result of falling from a platform whilst performing his duties as a plasterer. Worksafe alleged that our client was an independent contractor and therefore not entitled to claiming workers compensation. Our team investigated the claim in precise detail and prosecuted a Magistrates Court claim on his behalf, successfully overturning the insurers incorrect decision.
Attorneys:
Patrick Rory Donnellan
Category:
Workers Compensation
Time:
9 months
Results:
Client entitled to weekly payments and medical and like expenses, and potential common law claim.
The Challenge
The law is quite unsettled as it relates to independent contractors and employees. Our client was working with an ABN, wearing his own uniform, invoicing the employer for day’s worked, and from time to time worked with other employers.
Legal Strategy
There is a set of indicia the Court relies upon when determining whether someone is an independent contractor or an employee. Our team investigated the claim in great detail and extracted evidence which was supportive to our client’s claim that he was an employee of the employer.
Results
The client was entitled to a back payment of weekly payments and medical expenses, and ongoing entitlements under workers compensation legislation.