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Liability in respect to Independent Contractors – Part 2

When might a principal contractor avoid liability for injuries to a worker who is not their own employee?

In Part 1 of this series we discussed a number of scenarios where a Court identified a breach of duty by a principal contractor to an independent contractor or their worker.  In this second instalment, we will consider circumstances where a Court found no such duty was breached.

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Liability in respect to Independent Contractors – Part 1

Workplace injury to contractors

In what instances might a party’s duty extend to an independent contractor?

An employer’s duty to ensure their employee safety in the workplace is well established.  However, in some instances liability may extend for injuries sustained to a worker who is an employee of another party. A party might also find themselves liable for the negligence of an independent contractor in the event that that negligence causes injury to someone else.

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What are your obligations to workers? Part 2: Workers & The Worker’s Compensation Scheme

All employers are obliged to take out workers’ compensation insurance for each of their workers.  In this respect, it is important to have a clear understanding of the definition of ‘worker’ under the Workers’ Compensation & Rehabilitation Act 2003 (Qld) (‘the Act’).

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What are your obligations to workers? Part 1: Employees vs Independent Contractors

Why you need to know the difference

The method by which a worker is engaged can have several legal ramifications. The terms of engagement impacts the type of obligations owed to the worker (such as pay and conditions), as well as their entitlements in the event the worker is injured.

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