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Legal Update

Contractor wins workers compensation despite not being an employee

In November 2017, contract roofer Mr. Truman fell off scaffolding from three stories high and broke his arm, leg and finger. He was off work for a considerable period of time, without income protection insurance, and was losing money fast. He sought legal advice from Mahony’s Lawyers and lodged a claim for workers compensation. Unfortunately, Return to Work SA (RTWSA) rejected his claim on the basis that he was not employed by the roofing company, he was a contractor, and therefore could not seek compensation under the Return to Work Act 2014 (SA).
Had Mr. Truman done nothing in response, he would have been without money and suffered further hardship. Thankfully, Mahony’s Lawyers provided advice and appealed RTWSA’s decision on the basis that even though he was not an employee, he was able to bring a claim as a “deemed worker” on the basis that there is an extended definition under the Return to Work Act (2014) SA.
After a two-day hearing, Mahony’s Lawyers were successful in having the South Australian Employment Tribunal (SAET) accept that Mr. Truman was entitled to compensation. Mr. Truman received his compensation and has since recovered from his injuries. He continues to work as a roofing contractor.
It is extremely important that you consider your legal rights as soon as you get injured. Insurance companies do not always have your best interests at heart. It is important that you seek thorough advice and we are happy to assist you, offering no win: no fee.

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