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Can You Claim Compensation for Work Injuries in Queensland if Self-Employed?

By 7 November 2023News & Articles
Can You Claim Compensation for Work Injuries in Queensland if Self-Employed?

In Queensland, just like in any other state in Australia, workers’ compensation is primarily designed to provide financial support and assistance to individuals who suffer injuries or work-related illnesses. However, there often seems to be confusion surrounding the eligibility of self-employed individuals to claim workers’ compensation benefits. Many people mistakenly assume that only employees are entitled to such benefits. In this article, we will explore the specific rights and options available to self-employed individuals who sustain work-related injuries in Queensland.

What is a sole trader?

 Before delving into the topic of claiming compensation for work injuries as a self-employed person, it is essential to understand the concept of a sole trader.

In Queensland, a sole trader, or sole proprietor, refers to an individual who operates a business as an individual entity. Unlike a company or partnership, a sole trader does not separate their personal and business finances legally. As a sole trader, you have complete control over your business decisions and operations, but you are also personally liable for any debts or obligations.

Being a sole trader though comes with its fair share of challenges. One of the significant drawbacks is the personal liability that accompanies this business structure. Unlike a company, where the business is a separate legal entity, as a sole trader, you and your business are considered one and the same. This means that if your business incurs any debts or legal obligations, your personal assets may be at risk.

On the flip side, the simplicity and flexibility of being a sole trader can be highly appealing. Unlike setting up a company, which involves complex legal processes and ongoing compliance requirements, becoming a sole trader is relatively straightforward. You can start your business by registering an Australian Business Number (ABN) and choosing a business name, if desired. This simplicity makes it an attractive option for individuals who want to test the waters of entrepreneurship without committing to a more formal business structure.

What insurance does a sole trader need?

When it comes to being a sole trader, there are several insurance options that you should consider to protect yourself and your business. While workers’ compensation may not be mandatory for self-employed individuals in Queensland, it is crucial to consider acquiring suitable insurance coverage to protect yourself from potential occupational risks.

One type of insurance that you should explore as a sole trader is personal accident and illness insurance. This type of insurance provides coverage in the event that you are injured or become ill and are unable to work. It can provide financial support to help cover medical expenses, rehabilitation costs, and even lost income while you are unable to work.

Another insurance option to consider is income protection insurance. This type of insurance is designed to provide a regular income if you are unable to work due to injury or illness. It can help to cover your living expenses and ensure that you can continue to meet your financial obligations while you are unable to generate income from your business.

It is important to carefully consider the specific risks associated with your line of work as a sole trader. For example, if you are a tradesperson, you may want to consider public liability insurance. This type of insurance can provide coverage in the event that you cause damage to property or injure someone while carrying out your work.

Professional indemnity insurance is another important consideration for certain types of sole traders. If you provide professional advice or services, this type of insurance can protect you in the event that a client suffers financial loss as a result of your advice or services. It can help cover legal costs and any compensation that may be awarded.

While these are some of the key insurance options to consider as a sole trader, it is always a good idea to seek advice from an insurance professional who can assess your specific needs and recommend the most appropriate coverage for your business. Remember, having the right insurance in place can provide you with peace of mind and financial protection in the face of unexpected events.

How does sole trader workers compensation work?

Although self-employed individuals are generally not covered by the workers’ compensation scheme in Queensland, there are circumstances in which they may still be eligible for benefits. For example, if you engage a contractor or subcontractor and they suffer an injury while working for you, they may be considered your “worker.” In such cases, you may have an obligation to provide workers’ compensation insurance coverage for them.

Additionally, if you are a sole trader and you sustain a work-related injury due to the negligence of another party (e.g., a manufacturer’s defect), you may be able to pursue a personal injury claim against that party for damages. This avenue allows self-employed individuals to seek compensation for medical expenses, lost income, and other associated costs resulting from their injury.

How to Make a claim after a self-employed injury

If you are self-employed and have experienced a work-related injury or illness, it is crucial to take the appropriate steps to protect your rights and access any available compensation. Firstly, seek immediate medical attention to address your condition and establish documented evidence of your injury or illness.

Additionally, consider consulting with experienced compensation lawyers, like GC Law. We can guide you through the process of making a claim and help you navigate any potential complexities.

Time Limits for Compensation Claims

When it comes to lodging a compensation claim after a self-employed injury in Queensland, it is crucial to be aware of the relevant time limits. The Workers’ Compensation and Rehabilitation Act 2003 stipulates that claims must generally be made within six months from the date of injury. However, the legislation also allows for some flexibility in exceptional circumstances. To ensure you do not miss any crucial deadlines, it is advisable to consult with a legal professional as soon as possible after your injury occurs.

How GC Law Can Help

At GC Law, we understand the complexities and challenges faced by self-employed individuals when it comes to claiming compensation for work-related injuries. Our team of experienced personal injury lawyers are dedicated to helping you navigate the legal process and obtain the compensation you deserve. Call GC Law for a free, no-obligation consultation.

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