We often get questions from casual employees asking if they are entitled to workers compensation in Queensland.
The short answer is yes – you are entitled to workers’ compensation as a casual employee in Queensland.
In this article, we’ll answer the most common questions around casual employees and claiming workers’ compensation.
Do casual workers get compensation?
Yes, in Queensland all workers, including casual employees, are entitled to compensation if they are injured at work.
WorkCover is compulsory in Queensland. All employers are required to have a WorkCover Accident Insurance policy or act as their own self-insurer.
If you have been injured at work, through no fault of your own, you are entitled to lodge a compensation claim.
What am I entitled to as a casual employee?
While casual workers may face uncertainty in their roles, they can be certain they are entitled to the same workers’ compensation rights as full-time employees.
More specifically, there are two stages to a workers’ compensation claim in Queensland:
- Statutory Compensation Benefits
- Common Law Damages claim
In the Statutory stage, you’ll make a claim through WorkCover Queensland or your employer’s self-insurer. You’ll be able to claim compensation for most of your wages, as well as any medical treatment and rehabilitation costs.
If you can’t return to your casual role, you may be offered a lump sum compensation payment. We recommend you do not accept this payment until you have sought professional legal advice. You may be unable to claim additional compensation in the future if you accept this amount.
In the next stage, the Common Law Damages stage, you are required to prove your injuries due to the negligence of your employer or fellow employees. This is where the assistance of Gouldson’s expert Workers’ Compensation lawyers is invaluable.
What should I consider as a casual worker?
Outside of a level of uncertainty around their employment, casual workers face their own set of challenges when it comes to workplace health and safety. For example:
- Casual workers may miss out on crucial safety advice or health and safety processes
- Casual employees may also not be informed of new workplace health and safety procedures.
- They may feel uncomfortable making a claim, feeling they could be let go if they do.
In short, any employee in Queensland, whether they are casual or full time, is entitled to compensation if they are injured at work.
We encourage any employee who has been injured to seek legal advice from Gouldson. We offer a free case review and will let you know if filing a workers compensation claim is in your best interest.