Workers Compensation Nsw For Casual Employees

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Workers compensation for casual employees

There’s a misconception out there that just because you’re a casual worker you’re not covered for workers compensation. This is not true and I’ll highlight your entitlements, rights and options if you’re a casual worker and suffer an injury or illness related to work.

So many thriving businesses and industries lean on the hard work and dedication of over 830,000 casual employees in NSW. Unfortunately, so many of these workers are unaware of their entitlements and miss out on valuable treatment and compensation they’re entitled to.
So if you’re a casual worker injured at work – these are the initial steps you should take:
– Notify your manager that you’ve suffered an injury or illness caused by work as soon as it happens and include details such as date/time, how it happened and what the injury/illness is.
– Visit your doctor and have them conduct a full assessment of your injuries and provide you with a certificate of capacity.
– Find out who your employer’s insurer is and contact them 48 hours after notifying your employer to see if your employer has informed them of your injury.

It’s not always a necessary requirement but it can be really helpful to contact a specialist workers compensation lawyer, even if it’s just for free advice, to outline your options and advise you on everything you’re entitled to.

In terms of entitlements, if you’re a casual employee injured at work you will be entitled to the following as long as your doctor certifies you unfit to resume your pre-injury duties:
– Weekly benefits in accordance to your entitlement period (hyperlink to workers compensation guide).
– Reasonably necessary medical treatment.
– Lump sum compensation for permanent impairment if your injury/illness is deemed serious enough.

Can you be terminated whilst on workers compensation?
It’s illegal for your employer to terminate your employment or make you redundant whilst on workers compensation within the first six months since your injury. This six month period is known as the ‘protected period’ and it’s up to your employer to do everything possible to support you and help your get back to work.

Casual worker on a visa injured at work – are you still covered?
Workers compensation for casual employees is not only limited to citizens and permanent residents. If you’re a casual worker on a visa which permits you to work in Australia and you’re injured at work, you’re most certainly eligible to claim workers compensation benefits.

If you visa expires whilst on workers compensation
If your visa expires while on workers compensation and you’re forced to leave the country, your weekly payments will only continue if the Personal Injury Commission (PIC) certifies your injury/injuries. Without this certification from the PIC your weekly payments will cease.
In terms of medical treatment, this could continue as long as it’s pre-approved by the insurer.

Casual workers are entitled to sue their employer for damages
Just like full-time employees, casual workers are entitled to sue their employer for damages if you can prove that:
– The injury was the result of your employer’s negligence.
– Your whole person impairment is at least 15%.

Meeting this criteria will enable you to make a Work Injury Damages claim which is a lump sum payout for past and future loss of earnings and compensation for lost superannuation because you have been unable to work or are unable to work into the future.

Hopefully this has been helpful to you, but if you’re still unsure about workers compensation for casual workers or need help with your claim, call Law Partners and have a confidential conversation with one of our specialist workers compensation lawyers today.