Start with the relationship and the evidence
- Identify the legal entity that engaged and paid the person.
- Keep the contract, roster, instructions, payment and incident records together.
- Treat worker status, injury causation, PIAWE and jurisdiction as separate questions.
- Do not accept a conclusion based only on “casual”, “contractor”, an ABN, visa status or the place where the accident happened.
Worker-status guides
Employment and placement arrangements
These pages address engagement type, training and the relationship between agency, host and worker.
- Casual, part-time and fixed-term workers
Engagement records, irregular hours, PIAWE and end-of-contract issues.
- Labour-hire workers at host workplaces
Agency and host responsibilities, evidence and suitable duties.
- Apprentices, trainees and young workers
Training contracts, supervision and wage progression.
Contracting and business structures
A contract label is not conclusive. The relationship and any deemed-worker rule must be assessed.
- Contractors and deemed workers
ABNs, control, delegation, business risk and Schedule 1.
- Gig and platform workers
Platform terms, app data, private insurance and road claims.
- Working directors, company owners and sole traders
Entity structure, policy cover and remuneration.
Language, location and place of work
Status and scheme questions can arise where work occurs at home, across borders or under a visa.
- Visa holders, migrant workers and international students
Proof of work, interpreters, pay records and separate immigration issues.
- Interstate, cross-border and overseas work
The s 9AA state-of-connection tests and temporary assignments.
- Working-from-home injuries
Work activity, timing, digital records and home-work connection.
Related problems already covered elsewhere
These issues are important, but they are already explained in the page that owns the claim or earnings problem. They are not duplicated as worker-status pages.
- Cash-paid or informal work
Proving work and earnings when payroll records are incomplete.
- Workers with multiple jobs
Separate PIAWE calculations and evidence for each job.
- Pre-existing condition disputes
Causation and medical evidence rather than worker status.
- Late reporting or no witnesses
How to answer evidence concerns in a rejected claim.
- Employer closed, insolvent or cannot be found
Finding the insurer and preserving the claim.
- Resignation, dismissal or redundancy
Continuing claim, capacity and employment-law issues.
Records that commonly help
- The complete contract or engagement terms and every later variation.
- Rosters, task instructions, timesheets and platform or site access records.
- Payslips, invoices, bank deposits and reliable cash-payment records.
- The first injury report, medical chronology and Certificate of Capacity.
- The legal names of the employer, agency, host, principal or platform.
- Every insurer decision and the documents on which it relies.
When to seek a status review
A focused review is useful where the employer or insurer relies on a label, disputes the correct employer, denies NSW jurisdiction, or cannot explain which earnings were used. An IRO Approved Lawyer may be able to seek ILARS funding for an eligible workers compensation dispute, subject to the current criteria and IRO approval.
Send the work arrangement and insurer decision
A short chronology and the underlying contract, pay and reporting records usually provide a better starting point than a job label.
Legal service provider
NSW workers compensation help from Stephen Young Lawyers
NSW Work Injury Claim is the workers compensation service of Stephen Young Lawyers. Stephen Young Lawyers provides the legal service. Stephen Young Lawyers.
Stephen Young Lawyers was established in 2012. The firm is led by Stephen Young, Principal Solicitor and Accredited Specialist in Personal Injury Law.
Workers across New South Wales can arrange telephone or video appointments. In-person appointments can be arranged at the Sydney office when appropriate.
NSW Work Injury Claim enquiries: (02) 7233 3661
- Content publisher:
- NSW Work Injury Claim
- Published:
- Last legally reviewed:
Key legal sources
- Workers Compensation Act 1987 (NSW)
- SIRA workers compensation
- IRO legal assistance for injured workers
- Personal Injury Commission
- Workplace Injury Management and Workers Compensation Act 1998 (NSW)
- SIRA worker or contractor status tool
- SIRA PIAWE Reference Guide (July 2026)
- SIRA cross-border workers compensation arrangements (May 2026)
This information is general in nature and is not legal advice. You should obtain advice about your own circumstances.
General information only, not legal advice. The result depends on the actual work relationship, injury evidence, jurisdiction and current NSW law.