Written by Gavan Carboni, Solicitor CVC Law & Conveyancing.

Understanding Your Rights.

One of the biggest misconceptions in NSW workplaces is that casual employees can’t claim workers’ compensation. This is simply not true. If you are employed as a casual and suffer a work-related injury or illness, you are generally entitled to claim under the Workers Compensation Act 1987 (NSW).

Casual Employees – Your Entitlements

Casual employees in NSW can claim:

• Weekly payments (based on average weekly earnings prior to injury)
• Medical, hospital, and rehabilitation expenses
• Lump sum payments for permanent impairment (if applicable)
• Travel expenses to attend medical appointments

The main difference from permanent employees is that your benefits are calculated from your actual work pattern and earnings history — so if your hours vary, so will your compensation.

Part-Time & Full-Time Employees

For permanent employees, entitlements are similar — but weekly payments are based on their contracted hours and wages, which may provide more predictable income replacement.

Contractors & “Deemed Workers”

Independent contractors aren’t automatically covered by workers’ compensation — but NSW law recognises certain contractors as “deemed workers” if:

• The principal business exercises significant control over their work; and/or
• The contractor works predominantly for one business; and/or
• The arrangement is effectively an employment relationship in practice.

If you’re a contractor and injured at work, you should seek legal advice — you may still be eligible for benefits.

Employer Obligations

In NSW, all employers must:

• Hold a valid workers’ compensation insurance policy (unless exempt under specific rules)
• Provide appropriate first aid and medical attention
• Report workplace injuries to their insurer within 48 hours
• Support a safe and timely return to work for injured staff

Failure to do so can lead to penalties and prosecution.

Why Legal Advice Matters

Whether you’re casual, permanent, or a contractor, understanding your rights — and how your benefits are calculated — can make a huge difference to the outcome of your claim. Insurers may interpret the rules in ways that reduce your payout, so having an experienced lawyer on your side ensures your rights are protected.

📞 For advice tailored to your situation, contact Gavan Carboni at CVC Law & Conveyancing.

Our team is here to guide you every step of the way, so you can focus on your recovery while we handle the legal side.