Can a Casual Employee Receive Any Workplace Compensation?

Does the nature of your employment affect the type of compensation you may receive if you're injured on the job? This is a question many casual employees might wonder about, and it's a legitimate concern. After all, you've been hired on a casual contract without benefits such as annual leave. But does being a casual employee really affect your ability to be compensated after a workplace accident?

No Exclusions

If you experience an accident that impacts your ability to work, you may be entitled to compensation. The nature of your employment does not affect this entitlement, so casual workers are not excluded.

Government Agency

Any compensation claims will be lodged with the relevant state or territory government agency. This agency has different names depending on the area in question. In New South Wales, it's called SafeWork NSW. In Queensland, the agency is WorkCover QLD. Although you must first notify your employer of any accident, you will be lodging your compensation claim with the relevant government agency in your state or territory.

Processes and Procedures

Because most claims are handled by a government agency, the processes are well-defined. The specific rules vary, and you generally have to file a claim within a prescribed deadline after the accident. Your claim may be declined or questioned unless it can be proven that the accident happened at work, which is why two key procedures must be followed:

• You must report the accident to your employer (and to the agency that placed you at the workplace, if applicable).
• You must seek medical attention as needed.

Following these two procedures will be helpful for any subsequent compensation claim.

Uninsured

Compensation claims can quickly become problematic if it transpires that your employer has inadequate insurance (or is uninsured). It's a form of liability insurance and is mandatory for most companies. This obligation is of little use if you suffer an accident that affects your ability to work, only to discover that your employer has failed to maintain the required insurance. In this instance, you would need to lodge a private claim against the company using a compensation claims lawyer. These lawyers may offer a no-win-no-fee system, allowing you to avoid most out-of-pocket expenses.

As a casual employee, you are entitled to workplace compensation in the event of a serious incident. And in most cases, the mechanism for receiving compensation already exists. However, if you need further clarification, please consult a compensation claims lawyer.