If you’re a delivery driver or gig worker in Victoria, it’s easy to assume you’re not eligible for compensation. After all, the app calls you an independent contractor, not an employee. But that assumption might be costing you the support you’re entitled to.
Carbone Lawyers have helped many contractors access compensation through WorkCover, the TAC, or even their superannuation insurance, often when they thought they had no rights. Whether you drive for Uber Eats, deliver for DoorDash, or work on any platform-based gig, you may still have legal options. We can help explain the following:
- What the law says about your status as a gig worker
- When you may be eligible for WorkCover or TAC compensation
- What kinds of injuries are common, and claimable
- How your super fund might support you
- How Carbone Lawyers can help, with no win, no fee
Why So Many Gig Workers Miss Out on Compensation
The gig economy has surged across Victoria. Thousands of people now work flexible jobs delivering food, driving passengers, or couriering goods. But the structure of these jobs leaves many workers exposed, not just to physical risks, but to legal confusion.
Many gig workers believe they aren’t eligible for compensation if injured. This is because platforms label them as “independent contractors”, but often don’t explain what that means, or what rights may still apply under Victorian law.
This misconception causes injured workers to:
- Avoid claiming through WorkCover or TAC
- Pay for treatment out of pocket
- Lose income without support
- Return to work before they’re ready
But being a contractor doesn’t always mean you’re excluded from support. Often, the law treats you like a worker, even if the app doesn’t.
Common Injuries Gig Workers Experience
Whether you’re delivering food on a bike or ridesharing in a car, you can be exposed to high-risk situations. Common injuries for delivery and rideshare workers include:
- Road accidents: collisions while riding a motorbike, bicycle or driving
- Slips, trips and falls: while carrying items, especially on stairs or uneven ground
- Repetitive strain injuries: from lifting or prolonged riding
- Back and shoulder injuries: often from unsafe loads or long hours without breaks
- Psychological injuries: from verbal abuse, unreasonable delivery time pressure, or isolation
These injuries can lead to lost income, long recovery periods, and in some cases, permanent health issues. And yet, many people never explore whether they can claim support, simply because they don’t realise they can.
What the Law Says About Your Right to Claim
In Victoria, WorkCover and the Transport Accident Commission (TAC) both offer protection beyond traditional employment.
WorkCover
You may be eligible for WorkCover even if you’re:
- A subcontractor
- An owner-driver
- A self-employed worker operating under another business’s direction
What matters is not your job title, but how your work is structured. If you’re working under someone’s supervision or as part of their business, you may meet the definition of a “worker” under the law, and that means access to compensation.
Learn more about WorkCover claims.
TAC
If you were injured on the road while working, even if you were at fault, you may be eligible for TAC support. The TAC covers:
- Cyclists hit by vehicles
- Motorbike riders involved in accidents
- Car drivers or passengers injured on duty
The TAC is a no-fault scheme. That means it doesn’t matter who caused the crash, if you were injured while on the road for work, you may be entitled to claim.
Explore your TAC rights.
You May Be Covered Through Superannuation
Even if you don’t have sick leave, you might still be eligible for income protection or TPD (Total and Permanent Disability) insurance through your superannuation.
Many gig workers have super accounts from previous jobs that include:
- Income protection: regular payments if you’re temporarily unable to work
- TPD insurance: a lump sum if you’re permanently unable to return to work
These entitlements often go unclaimed simply because workers don’t realise they exist.
Carbone Lawyers can:
- Review your superannuation accounts
- Check for any insurance policies
- Manage the claims process for you
Read more about how we can help with superannuation claims.
How Carbone Lawyers Makes the Process Simpler
Making a compensation claim can be overwhelming, especially when you don’t have support or legal knowledge. Carbone Lawyers can assist with the following:
- Identify what compensation you can claim
- Lodge WorkCover or TAC claims on your behalf
- Handle superannuation or TPD claims
- Challenge rejections or denied claims
- Deal with insurers and agencies while you focus on recovery
If you’ve been injured while working in the gig economy, we’re here to help you access the support you deserve.
Frequently Asked Questions
“I was partly at fault, can I still claim?” Yes. The TAC scheme is no-fault. Even if the accident was your mistake, you can often still receive compensation.
“Could I be deactivated from the app if I make a claim?” Your claim is with an insurer, not the platform. Making a WorkCover or TAC claim does not violate your contract with apps like Uber Eats or DoorDash.
“My injury seems minor. Is it even worth claiming?” Don’t underestimate a seemingly small injury. What starts as a sprain or backache could evolve into a chronic issue. You could be entitled to treatment, income support or more.
“Can I afford legal help?” Yes. Our no win, no fee policy means you don’t pay upfront for most personal injury claims. If your claim isn’t successful, you won’t owe us legal fees.
Don’t Settle for Less Than You Deserve
Just because your work is flexible doesn’t mean you should be left behind when something goes wrong. If you’ve been injured on the job as a delivery driver, rider or gig worker, you may be entitled to more support than you think. Start your claim here or call 1800 369 888 today.
