If you're an Uber driver, food delivery rider or have another gig economy role and suffered an injury while working in Queensland, you may be wondering if you are entitled to claim workers' compensation.
The answer isn't straightforward: Queensland introduced new legislation in 2024 that creates a framework for future coverage for certain gig workers, but most workers still don't automatically qualify. It’s vital that you understand all your rights as more and more gig workers are getting injured.
Whether you've been in a car accident while driving for Uber, hurt yourself while delivering food on your bike or become injured while completing a job through Airtasker, knowing if you can access workers' compensation affects your medical treatment, income support and financial recovery.
This guide explains the current state of workers' compensation for gig workers in Queensland, your eligibility, what the 2024 changes actually mean and alternative options if you happen to be excluded from coverage.
Understanding Gig Worker Eligibility for Workers' Compensation
What changed in 2024 for gig workers?
Queensland passed the Workers' Compensation and Rehabilitation and Other Legislation Amendment Act 2024. Gig worker provisions began on 27 September, 2024. However, an important distinction is that this legislation creates a framework for future coverage, not immediate, automatic protection for all gig workers.
The Act gives gig workers coverage when they're classified as "regulated workers" under Fair Work Commission orders or agreements. The critical limitation is that immediate coverage wasn't provided because "who is legally a regulated worker is a determination of the Fair Work Commission."
What this means in practice:
- Most gig workers remain classified as independent contractors and are excluded from workers' compensation coverage
- Coverage only applies if you're covered by a specific Fair Work Commission minimum standards order or collective agreement
- As of now, very few such orders exist specifically for gig workers
- The framework allows the Queensland Government to extend coverage as Fair Work Commission classifications evolve
Are Uber drivers and delivery riders automatically covered now?
No. Despite the 2024 legislative changes, Uber drivers, food delivery riders, and most other platform workers are not automatically covered under Queensland's workers' compensation scheme. In order to receive coverage, you will need to prove that you meet the definition of a "regulated worker" through one of these pathways:
Pathway 1 - Fair Work Commission order: you're covered by a minimum standards order that classifies you as an employee or regulated worker (very few currently exist for gig workers).
Pathway 2 - Employment relationship: you can prove you're actually an employee and not an independent contractor regardless of what your contract says.
Pathway 3 - Collective agreement: your work is governed by a registered collective agreement that provides workers' compensation coverage.
Your Rights and Entitlements
Your entitlements if you qualify:
- Weekly compensation payments: around $1,000 per week (as of July 2024) if you can't work due to your injury, with a maximum of around $2,000 for severe injuries
- Medical expenses: coverage for any reasonable and necessary medical treatment related to your work injury. This includes doctor’s appointments, physiotherapy sessions, surgery and medication
- Rehabilitation support: access to occupational rehabilitation services to help you return to work safely
- Lump sum payments: compensation for permanent impairment if your injury results in lasting disability
- Information statements: from 1 January, 2025, insurers must provide clear information about your rights and responsibilities when you make a claim
What you must do:
- Report your injury immediately: notify the platform or company you work through as soon as possible (ideally within 24 hours)
- Formal notification within 30 days: submit formal written notice of your injury within 30 days (the sooner the better) to preserve your rights, even if you're unsure whether you have coverage
- Submit claim form: complete and submit a WorkCover Queensland claim form within 6 months of your injury
- Attend medical assessments: attend any and all medical examinations required of you to properly assess your injury and capacity
- Participate in rehabilitation: engage with return-to-work programs and rehabilitation services when cleared by your doctor
Key deadlines:
- Immediate: seek medical attention, document your injury and employ legal counsel
- Within 30 days: provide formal written notice to platform/employer
- Within 6 months: lodge your WorkCover claim for optimal processing
- Within 3 years: time limit for pursuing common law damages claims if applicable
Common Scenarios and Questions
I was in a car accident while driving for Uber, can I claim workers' compensation?
Quick answer: Possibly, but it depends on your work arrangement and whether you can establish you're a regulated worker rather than an independent contractor.
What to do:
- Report the accident to Uber through their driver app immediately and document everything with photos and witness details
- Seek medical attention and keep all records of your injuries, treatments and how the accident happened
- Contact WorkCover Queensland to lodge a claim, clearly stating you believe you qualify as a regulated worker under the 2024 framework
- Explore motor vehicle accident compensation through Queensland's Compulsory Third Party (CTP) insurance scheme
- Get legal advice as quickly as possible because motor vehicle accident claims are dealt with under different rules and timeframes than workers' compensation
Important note: even if you are denied workers' compensation, you still have rights under Queensland's motor vehicle accident scheme. The majority of rideshare drivers injured in traffic accidents pursue CTP claims rather than workers' compensation because eligibility is much clearer.
I injured my back lifting heavy items as an Airtasker worker, am I covered?
Quick answer: it’s unlikely you’ll be covered under workers' compensation unless you can prove you're not a genuine independent contractor.
What to do:
- Document the task you were performing at the time of the injury, including screenshots of the Airtasker job description, all communications with the person who hired you and payment records
- Get an immediate medical assessment and diagnosis of your back injury, with clear documentation linking it to the specific incident
- Review your Airtasker work history to assess whether your arrangement shows employee-like characteristics (regular work, inability to negotiate rates, platform control over how you work, etc.)
- Lodge a claim with WorkCover explaining why you believe you're a regulated worker (this will likely be rejected)
- Explore alternative options, including potential public liability claims against the property owner if unsafe conditions were a factor in your injury
Important note: the majority of Airtasker workers are considered to be independent contractors with no workers' compensation coverage. It’s important to focus on documenting your injury and exploring other legal pathways for compensation.
I was assaulted by a customer while delivering food, what are my rights?
Quick answer: in cases such as these, you may have multiple routes to compensation, including workers' compensation (if you qualify), victims of crime compensation and the potential to pursue public liability or common law claims.
What to do:
- Report the assault to police immediately and ensure you get a police report reference number
- Seek medical attention for any physical injuries and psychological trauma, ensuring all documentation links your injuries to the assault
- Notify the delivery platform (UberEats, DoorDash, etc.) through their incident reporting system within 24 hours
- Apply for Queensland Government victims of crime financial assistance, which doesn't require proving employment status and covers both medical costs and counselling
- Lodge a workers' compensation claim if you believe you qualify as a regulated worker (don't rely solely on this)
- Consider a common law claim against the customer if they can be identified, or against the platform if they failed to provide adequate safety/protection
Important note: victims of crime compensation is usually the most accessible option for gig workers who are assaulted because it doesn't require proving employment status and has a dedicated pathway for workplace violence.
My delivery app deactivated my account after I reported an injury, what can I do?
Quick answer: if you are classified as an employee, this may constitute unlawful termination or adverse action, but if you're genuinely an independent contractor your options will likely be limited.
What to do:
- Document everything: save all communications regarding your injury, the deactivation notice and any explanations the platform gives
- Review the platform's terms of service so you fully understand the stated grounds for deactivation and whether they’ve properly followed their own procedures
- Lodge a complaint with the Fair Work Commission if you believe you are an employee rather than an independent contractor and that the deactivation was retaliation for reporting your injury
- File a general protections claim under the Fair Work Act if you believe the deactivation was adverse action related to you exercising your workplace rights
- Contact the platform's dispute resolution process (if available) and request reinstatement with detailed reasoning for your account’s deactivation
- Seek legal advice immediately as time limits for unfair dismissal claims are very tight (21 days)
Important note: it can be quite difficult to prove adverse action when you're classified as a contractor. However, the 2024 federal changes to employment definitions strengthen arguments that certain gig workers are actually employees and entitled to protections.
I work for multiple delivery platforms, am I able to combine earnings for workers' compensation?
Quick answer: yes. If you qualify for workers' compensation, your weekly earnings from all your jobs are generally taken into consideration when calculating your compensation rate.
What to do:
- Collect all your earnings statements from all the platforms you worked for in the 12 months before your injury
- Calculate your average weekly earnings across all platforms, including any tips and bonuses you receive
- Attach this evidence of your earnings to your WorkCover claim
- Show that your work across multiple apps was regular and constituted your primary income source
- Understand that working across multiple platforms may actually strengthen arguments that you're economically dependent on platform work and that you should be classified as an employee
Important note: the 2024 legislation specifically recognises that the Queensland workers' compensation scheme is flexible enough to address working across multiple apps, though eligibility remains the primary hurdle.
I have a psychological injury from the stress of gig work, am I covered?
Quick answer: psychological injuries can be covered under workers' compensation if you qualify as a regulated worker, but they can be quite complicated and require substantial medical evidence.
What to do:
- Get a formal diagnosis from a psychologist or psychiatrist specialising in workplace psychological injuries
- Document the specific work-related events, stressors and incidents that contributed to your psychological injury (accidents, assaults, unreasonable targets, threatening customers, etc.)
- Queensland introduced a Psychiatric Assessment Tribunal in July 2024 to assess psychological injury claims, which can help streamline this process
- Provide evidence of how the gig work you did impacted your mental health, including medical records, diary entries and witness statements
- Be prepared for higher scrutiny, as psychological injury claims are more frequently disputed than physical injuries
Important note: the reforms from 2024 were designed to prevent secondary psychological injuries and improve outcomes for mental health claims. However, gig workers still face the fundamental barrier of proving they're covered workers in the first place.
Step-by-Step Process for Making a Claim
1. Seek immediate medical attention. See a doctor as soon as possible after your injury, even if it seems minor. It’s crucial that you obtain medical records which link your injury to work. Your doctor will be able to provide a WorkCover certificate if you need time off work.
2. Report the injury to your platform. Notify the digital platform you work through immediately using their incident reporting system. Take screenshots of your report and any responses you receive. This will create an official record of when and how the injury occurred.
3. Gather evidence of your work arrangement. Collect any documents you have which show your relationship with the platform, such as contracts, terms of service, earnings statements for the past 12 months, communications about work requirements and evidence of how the platform controls your work.
4. Notify WorkCover Queensland formally. You must inform WorkCover of your injury within 30 days of your injury by writing. Clearly state that you believe you qualify as a regulated worker under the 2024 framework and explain why, even if you're unsure about coverage.
5. Complete the claim form. Lodge a WorkCover Queensland claim form (available online). Ensure you include all relevant supporting documents, such as medical certificates, evidence of earnings, proof of your work arrangement and details of how the injury occurred.
6. Attend medical assessments. It’s very important that you cooperate with all the independent medical examinations required of you. WorkCover may arrange assessments to verify your injury, its severity and whether it's work-related.
7. Respond to requests for information. WorkCover will investigate your employment status and may request additional evidence. Respond promptly and thoroughly to all their requests as delays can result in claim denial.
8. Await your decision. WorkCover must make a decision within 14 days of receiving all the necessary information from you. From 1 January 2025, you'll receive an information statement explaining your rights regardless of the decision they make.
9. If your claim is denied. You can apply for a review within 3 months. If you haven’t already at this point, it’s highly recommended to get legal representation because challenging employment status determinations requires expertise in employment and compensation law.
10. Explore alternative options simultaneously. Don't wait for a workers' compensation decision before investigating other pathways like CTP insurance, TPD claims through your superannuation and common law negligence claims.
Documents you'll need:
- Medical records and certificates: detailed reports from all treating doctors linking your condition to your work, including diagnosis, treatment plans and prognosis for recovery. This will establish the nature and severity of your injury.
- Earnings evidence: platform payment statements, tax returns and bank statements showing income from gig work for at least 12 months pre-injury. This will demonstrate your weekly earnings for the purposes of calculating compensation, and may also be used to show economic dependence on platform work.
- Work arrangement documents: platform contracts, the terms of service you agreed to, communications with the platform about work requirements, deactivation threats and performance metrics. This evidence will help assess whether you're truly an independent contractor or more like an employee.
- Incident documentation: photos of accident scenes, screenshots of the job you were performing, witness contact details, police reports (for accidents or assaults) and your own detailed written account created as soon as possible after the injury.
- Platform work history: records showing when you worked, the hours you logged, acceptance rates, customer ratings and any performance requirements imposed by the platform. Consistent, regular work patterns support arguments for employee-like status.
Red Flags and Warning Signs
When to act immediately:
- Platform threatens deactivation after injury report: in this case, ensure you keep records of everything to do with your case and seek legal advice within 21 days if you believe you may be an employee, as unfair dismissal claims have strict time limits.
- WorkCover denies your claim based solely on contractor status: don't accept this decision as final. The 2024 legislative changes mean employment classification is complex and you may have grounds to challenge the decision through review or appeal.
- Your injury is worsening but you're not getting treatment: if you are struggling to afford medical care while your claim is assessed, search for bulk-billing doctors, hospital emergency departments and Medicare coverage. Any delay in treatment can make your condition worse and weaken your compensation claim.
- Multiple platforms deny responsibility: if you work across several apps, some or even all of them may claim they're not your employer. In this case, you need legal advice to identify who should be liable and pursue all compensation options available to you.
- You're pressured to sign away rights: certain platforms may offer you small payments in exchange for releasing them from liability. You should never sign anything without independent legal advice as you may be giving up significant rights to compensation in the future which far exceed their payment.
Common mistakes to avoid:
- Assuming you're not covered because you're a contractor: employment classification is complex and the contracts these types of platform often use don't necessarily determine your true legal status. Always seek legal advice before giving up on making a claim.
- Missing the 30-day notification deadline: notify both the platform you were working for at the time of the accident and WorkCover in writing within 30 days. This is important even if you’re unsure about coverage as late notification can be used to deny claims.
- Not documenting your injury immediately: it’s vital that you take photos, collect details from any witnesses and create a written record while the incident is fresh in your mind. Evidence becomes harder to gather over time, making the aftermath of the accident an important moment.
- Continuing to work and worsening your injury: if your doctor tells you that you are unable to work safely, follow their advice. Working through a serious injury can cause permanent damage and make it harder to prove the severity of your condition.
- Focusing only on workers' compensation: many gig workers can seek compensation through CTP insurance (for vehicle accidents), TPD claims (through super), or common law claims against negligent third parties.
When to Seek Legal Advice
In almost every case, you should seek professional legal advice at the earliest opportunity, especially if:
- Your claim is denied based on contractor status: challenging your employment classification requires legal expertise and intimate understanding of the latest legislative changes. The earlier you get advice, the more options you'll have.
- The platform is disputing their responsibility: if a platform denies they're your employer or claims you're responsible for your own safety, legal representation will help you protect your interests. It’s always worth seeing what insurance the platform provides either way.
- You're unsure which type of claim to pursue: with several potential compensation pathways (workers' comp, CTP, TPD, common law), expert advice ensures you choose the best strategy and avoid missing deadlines.
- Your injury prevents you from working long-term: if you can't return to gig work or any employment because of your injury, you may qualify for TPD insurance through your superannuation fund, which can provide substantial lump sum payments.
Why early advice is so important:
- Understand your full rights and entitlements: the gig economy creates unique legal questions, and the 2024 reforms add further complexity. Early advice ensures you understand all available options, not just workers' compensation.
- Protect your compensation claim from common pitfalls: simple mistakes like missing deadlines, providing inconsistent information or signing the wrong documents can prevent otherwise valid claims from being successful. Lawyers prevent these errors.
Key Takeaways
Remember these essential points:
- Most gig workers still aren't automatically covered: despite the 2024 legislative changes creating a framework for coverage, you still need classification as a "regulated worker" through Fair Work Commission orders. Unfortunately, these barely exist for platform workers.
- Employment status is the critical question: whether you're an employee or genuine independent contractor is a key factor in determining your eligibility for compensation. This is decided by the reality of your work arrangement and level of platform control rather than your contract.
- Don't rely solely on workers' compensation: gig workers often have the option to pursue compensation through CTP insurance for vehicle accidents, TPD claims through superannuation, victims of crime compensation for assaults and common law negligence claims against third parties.
- Act within 30 days of injury: always notify your platform and WorkCover of your injury in writing within 30 days. Late notification gives insurers grounds to deny claims that might otherwise succeed.
- Document everything immediately: take photos, get details from any witnesses, screenshot your work records, save communications with platforms and create written accounts while details are fresh in your mind. Evidence gathered later is less persuasive and may also be unavailable.
- You can always consult the Safe Work Australia fact sheet if you’re in doubt.
Get Help Now
If you’ve suffered an injury while working as a gig worker or independent contractor, seeking early legal advice helps you understand your rights, get the rehabilitation you need and protect your entitlements to compensation.
Contact Smith's Lawyers today for a free, no-obligation consultation with lawyers experienced in dealing with injury claims under our No Win, No Fee, No Catch® promise.
You don't pay unless your claim succeeds, so call us on 1800 960 482 or use the form below to have our team contact you at a convenient time, and we'll assess your situation and guide you through the claims process.
