Workplace (Non-Worker)

Workplace Public Liability - Non-Worker Claims

Not every workplace injury is a workers compensation claim. Visitors, contractors operating outside an employee relationship, delivery drivers, and members of the public hurt on a workplace site fall under public liability. Here's the distinction.

Workers compensation vs public liability

Workers compensation covers employees of the employer. Public liability covers everyone else - including:

  • Visitors to the workplace
  • Contractors not in an employment relationship with the host business
  • Subcontractors' employees (in some cases - usually their own employer's workers comp applies, but the host business may also be a defendant)
  • Customers, suppliers, delivery drivers
  • Members of the public passing the workplace
  • Trespassers (different standard but sometimes still entitled)

Common non-worker workplace injury claims

  • Visitor slip / trip on premises
  • Falling object from construction site
  • Defective shop fittings injuring customers
  • Wet floor / cleaning hazards in commercial premises
  • Vehicle / forklift incidents in warehouses
  • Dust, asbestos, or chemical exposure to neighbours / passersby

Multiple defendants are common

Workplace public liability claims often involve multiple potential defendants:

  • The host business (occupier)
  • The contractor whose work caused the hazard
  • The principal contractor / head builder on construction sites
  • Owners, lessors, and developers
  • Manufacturers / suppliers of defective equipment

Specialist lawyers identify and pursue all available defendants - this maximises recovery and means you're not blocked by any one defendant's insurance limits.

Free claim assessment A specialist will assess your situation in a no-obligation 15-minute call →

FAQs

The questions claimants ask most.

I'm a delivery driver and got hurt unloading at a customer's warehouse - workers comp or public liability?
Both can apply. Your employer's workers compensation typically covers you. The customer (host business) may also be liable in public liability where their premises or systems contributed. Run both claims in parallel.
I'm a self-employed contractor - am I covered by workers comp?
Usually no - workers compensation generally only covers employees. Some states have specific provisions extending cover to certain contractors. Public liability against the host business is the main path for self-employed contractors.
I was visiting my friend at her work and got hurt - can I claim?
Yes, against the workplace operator under public liability. They owe visitors a duty of care just like any other entrant. Your friend and her employer can both potentially be defendants.
I trespassed onto a building site and got injured - any claim?
Possibly limited. Trespassers can still claim where the occupier created an unusual or hidden hazard, but the standard of care owed is lower than to invited entrants. Children's trespass attracts more protective rules.

Don't leave compensation on the table.

Most injured Australians never claim what they're rightfully owed. A 60-second check could change that.

Start Free Claim Check