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    • Medical Negligence
    • Women’s Health
          • Women’s Health

            We know that there is disparity in women’s health care, treatment, and support. We are committed to improving the lives of women and strongly advocating for their wellbeing.  That is why we take a stand and hold medical professionals accountable when medical care falls short of expected standards by delivering the best outcome in medical negligence claims affecting women.

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    • Hospital Negligence
          • Hospital Negligence

            We understand you may feel let down because you have experienced inadequate or negligent care and treatment in a hospital or medical facility. Your wellbeing is most important to us and we are committed to supporting you with compassion and holding medical professionals accountable for breach of duty and negligent care.

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    • Clinical Support
          • Clinical Support

            Experiencing poor or adverse outcomes from allied health treatment can be distressing and life changing. We are here to support you through your claim and it is our aim to hold allied health professionals accountable for their breach of care by delivering the outcome you deserve to your negligence claims.

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    • I need help
          • Not Sure where to start?

            Hello, I’m Jade. I’m here to help you with a quick discovery call that will help us better understand your legal concerns. This way, I can connect you with the lawyer who is best suited to assist you with your situation.

            Your well-being is important to us, and we’re here to support you every step of the way.

            Call me on 02 4050 0330 or email admin@conradcurrylaw.com.au

    • Personal Injury
          • Personal Injury

            If you have been injured because of someone else’s negligence, our specialist team of Personal Injury Lawyers is here to support you with compassion and understanding providing you with the right advice. Our team has substantial experience and expertise in these matters to deliver the outcomes you deserve from your claim.

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    • Work Injury
    • Motor Vehicle Accidents
          • Motor Vehicle Accidents

            We are here to support you and give you the clarity, guidance and the right legal advice if you have been injured in a motor vehicle accident. Our compassionate team of professionals in Personal Injury law have the technical expertise and a wealth of experience to win you the compensation you deserve.

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    • Public Liability
          • Public Liability

            Our specialist team in Personal Injury law is here to support you in accessing proper compensation if you have been injured because of someone else’s negligence. We have cutting edge expertise and experience in public liability claims to deliver the outcome you deserve.

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    • Abuse
          • Institutional Abuse

            We strongly believe that educational institutions must be held accountable when failing to protect children while in their care. If you have experienced institutional physical or sexual abuse, our specialist team in Personal Injury law is here to support you with compassion and offer our technical expertise and experience to deliver the best outcome in your case.

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    • Workers Compensation
          • Workers Compensation

            When you sustain an injury or illness because of work, you may be entitled to  compensation. Our specialist team in Personal Injury Law is here to support you with compassion and understanding with the right advice. We have substantial technical expertise to deliver the best possible outcome from your claim.

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    • School Negligence
    • I Need Help
          • Not Sure where to start?

            Hello, I’m Jade. I’m here to help you with a quick discovery call that will help us better understand your legal concerns. This way, I can connect you with the lawyer who is best suited to assist you with your situation.

            Your well-being is important to us, and we’re here to support you every step of the way.

            Call me on 02 4050 0330 or email admin@conradcurrylaw.com.au

    • Wills & Estate Planning
          • Wills and Estates

            When we provide advice on estate planning, we believe  in giving advice on options to mitigate the risks of litigation by potentially unhappy family members and protecting your assets from claims. Our legal team is here to support you and address your concerns regarding your estate planning. We have immense experience in these matters, providing you with advice and representation for your unique situation and delivering the best outcomes for your case.

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    • Powers of Attorney
    • Contest A Will
          • Contest A Will

            We have immense experience and specialised knowledge in family provision and wills disputes Where you have not been properly and adequately provided for under a will or where you suspect that the person making the will may not have had capacity or exercised their own free will, you need a lawyer with extensive experience and expertise. Our team of Lawyers will  provide you with advice and representation for your unique situation and deliver the best outcomes for your case.

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    • Probate & Deceased Estates
    • Enduring Guardian
    • Family Provision
    • I Need Help
          • Not Sure where to start?

            Hello, I’m Jade. I’m here to help you with a quick discovery call that will help us better understand your legal concerns. This way, I can connect you with the lawyer who is best suited to assist you with your situation.

            Your well-being is important to us, and we’re here to support you every step of the way.

            Call me on 02 4050 0330 or email admin@conradcurrylaw.com.au

    • Other Services Overview
          • Conrad Curry Can assist you with a variety of services

            Our solicitors are highly experienced in providing you with expert legal advice and will keep you informed every step of the way. It’s good to know that our firm is trusted and effective with a high success rate.

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    • Professional Negligence
          • Professional Negligence

            We rely on professionals in all aspects of our lives to provide us with proper advice on which to make decisions about our financial and legal affairs. When you are let down by poor advice the results can be devastating.  We are here to support you in your claim for compensation with clarity, guidance and the right advice to achieve the outcome you deserve.

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    • Malicious Prosecution
          • Malicious Prosecution

            We believe in standing up for those people who are falsely accused and prosecuted. Our experienced legal team is here to support you with compassion and provide you with clarity, guidance, and the right advice in your claim for compensation.

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    • General Litigation
    • I Need Help
          • Not Sure where to start?

            Hello, I’m Jade. I’m here to help you with a quick discovery call that will help us better understand your legal concerns. This way, I can connect you with the lawyer who is best suited to assist you with your situation.

            Your well-being is important to us, and we’re here to support you every step of the way.

            Call me on 02 4050 0330 or email admin@conradcurrylaw.com.au

    • What to Expect
          • What to expect

            We are your law firm for life. You can count on us for the best legal advice and compassionate support. We understand the challenges you are facing and we want you to know that you don’t have to navigate the often daunting process alone. We are here when you need us. Let us help you find your way forward with our empathetic and efficient approach. Contact us. You can call us on (02) 4050 0330 for a free initial no-obligation consultation or book an appointment online for an in-person consultation or an online video appointment.

  • No Win/No Fee Options

Workers compensation for delivery and rideshare drivers?

In New South Wales, it is compulsory for all employers (with a few exceptions) to have workers compensation insurance, unfortunately it doesn’t always apply to delivery and rideshare drivers. Independent contractors who work with a business rather than being employed by a business will generally not be entitled to workers compensation. Such is the case of Mr Dede Fredy and Mr Bijoy Paul, two delivery drivers for Uber Eats who were struck by vehicles in Sydney and killed in the course of their work for the company.

Delivery and rideshare drivers for companies such as Uber, DoorDash, Menulog and Deliveroo are generally considered to be independent contractors. There are no hard and fast rules as to who is considered an employee and who is an independent contractor. Rather, Australian Courts and the newly formed Personal Injury Commission in NSW must give consideration to a range of relevant factors and make a determination based on the balance of these factors. Generally speaking, a worker will be more likely to be an employee if:

  • Their level of skill is relatively low and/or the business takes responsibility for the training, direction and discipline of the worker,
  • They have limited control over how and when the work is performed,
  • They are presented to the public as workers of the business (for example, by having branded uniforms)
  • The business is responsible for “superintending” or controlling the worker’s finances, and there is limited scope for bargaining or negotiating renumeration,
  • The equipment or systems needed to perform the work are provided and maintained by the business, and/or
  • They perform work for the main purpose or essence of the business, rather than a corollary or additional part of the business.

These factors are summarised in the case of Hollis v Vabu Pty Ltd (2001) 207 CLR 21 (‘Vabu’). This case involved a bicycle delivery person/courier who worked for Vabu. The courier was considered an employee of the business they worked for, primarily because they had limited control over their work hours, were paid remuneration directly by the business, were required to wear a uniform with the business’s name on it and performed work in line with the main purpose of the business (delivery). This was even despite the fact that they used their own bicycle to carry out the work.

Perhaps most interestingly, the High Court considered that it may be preferable to view the relationship as an employment relationship because of the deterrence effect this would have on the business. In essence, holding the employer to account for the potential harm posed by the operation of their business (in this case, the potential for one of their couriers to injure a pedestrian) will provide that business with a tangible financial incentive to make sure their processes are designed to reduce the risk of harm. Although this specifically related to employment relationships in the context of vicarious liability (in short, the responsibility an employer has for the wrongdoing of employees), it is easy to see how this principle might be transferred to employment relationships in the context of workers compensation insurance.

Currently, drivers for more modern delivery and rideshare companies are usually presumed to be independent contractors. For example, they tend to have a lot more say over their hours and method of work than the cyclist in the case of Vabu did and are not required to wear uniforms. However, this does not mean there are no reasons to argue delivery drivers should be considered employees. They do perform work in line with the main purpose of the business, their remuneration is set and there appears to be limited scope for negotiation, and, although they need to use their own cars, drivers are required to use the apps provided by rideshare companies like Uber in order to complete their work.

In the span of two months at the end of 2020, five delivery drivers were killed on Australian roads in the course of their work. In keeping with the deterrence principle outlined by the High Court in the case of Vabu, perhaps these incidents could have been avoided if the companies they were working for were responsible for arranging their insurance, and therefore had a clear financial incentive to put systems in place to promote their workers’ safety.

The question as to whether delivery and rideshare drivers are employees or independent contractors is yet to be definitively tested in Australian Courts. There have been some moves to create an alternate scheme, such as one proposal presented to the NSW cabinet last year to add a levy to delivery orders on platforms such as Uber Eats which would serve to provide some compensation in the event a driver is killed on the job. This would apply whether the drivers are considered employees or not. This proposal, however, would still leave delivery drivers worse off than workers covered through the existing workers compensation insurance scheme, and would not provide certain benefits such as ongoing payments for dependent children left behind after workplace deaths. It is also not clear what support, if any, this scheme would provide in terms of non-fatal injuries incurred, income protection, medical expenses and other types of compensation offered by insurers under the existing scheme.

In the meantime, delivery drivers are performing dangerous jobs with limited workplace entitlements. Although there are sometimes other avenues to recover damages for personal injuries that happen at work depending on the circumstances, such as a motor vehicle accident, public liability or common law actions, the remedies are variable and are often less supportive and more difficult to navigate.

If you would like to know more about your rights regarding workers compensation as an independent contractor, we would be pleased to speak with you to advise you about your options. You can either book an appointment online or call us on (02) 4050 0330 to arrange an obligation-free consultation.

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