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At work, you may be referred to as an independent contractor, contractor, sub-contractor or freelancer. No matter your title, you are entitled to compensation in case of personal injury while working. Contracting work in Queensland can expose you to various risks and hazards. Unexpected accidents can lead to minor or severe injuries, affecting your work life significantly. As a contractor, it’s crucial to understand your rights and consider a personal injury claim to seek compensation and secure your future.
When an injury occurs on the job as a contractor, you may be entitled to compensation beyond what you might receive from workers’ compensation or any insurance your employer may have. Despite misconceptions, contractors can still be eligible to lodge a WorkCover claim in certain circumstances. Where it can be shown that the contracting relationship was regular and acted as an employer/employee relationship, there is the potential for an injured contracted to lodge an accepted WorkCover claim. Achieving such can be an arduous process and therefore it is recommended that any contractors attempting to lodge a WorkCover claim consult a personal injury lawyer prior.
Additionally, regardless of a WorkCover claim, there are additional avenues available to injured contractors. Common law personal injury claims allow you to seek compensation from responsible parties who may have contributed to your injury through negligence or other wrongful actions.
To pursue a personal injury claim as a contractor, certain criteria must be met:
1. Injury Due to Negligence: Your claim should demonstrate that another party’s negligence or wrongful actions caused your injury. This party could be a property owner, a general contractor, or even a manufacturer of equipment.
2. Extent of Damages: Your injury must have resulted in substantial damages, including medical expenses, lost wages, and pain and suffering.
3. Statute of Limitations: There is a time limit for filing personal injury claims in Queensland. It’s essential to seek legal assistance promptly to meet this deadline.
Personal injury claims for contractors can arise from various situations, including:
1. Construction Site Accidents: Accidents at construction sites, such as falling objects or equipment malfunctions, may lead to injuries caused by negligence.
2. Workplace Accidents: Injuries can occur at workplaces where you provide contracted services due to slip and falls, faulty machinery, or lack of safety measures.
3. Road Accidents: Car accidents while traveling between job sites or on work-related errands can result in injuries and a personal injury claim if caused by another driver’s negligence.
4. Product Liability: Defective equipment or tools used by contractors can cause severe injuries, leading to a claim against the manufacturer or supplier.
5. Occupational Health and Safety Violations: Contractors have the right to a safe working environment, and injuries due to safety violations can be grounds for a claim.
6. Toxic Exposure: Working with hazardous substances may lead to toxic exposure, and if this results in harm, you may be eligible for a personal injury claim.
Pursuing a personal injury claim as a contractor can be complex, especially when dealing with recovery and legal matters. Hiring experienced personal injury lawyers is essential. We can help gather evidence, guide you through the legal process, and advocate for the compensation you deserve.
As a contractor in Queensland, understanding your rights and considering a personal injury claim is vital. While workers’ compensation may cover some aspects of your injury, a personal injury claim allows you to seek additional compensation from responsible parties. Seek legal assistance to ensure justice and fair compensation, so you can move forward with confidence in your contracting career.