|4 March 2022
|Brisbane Magistrates Court – Magistrate Elliot
|Guilty to all charges
The worker defrauded the self-insurer by lying about his capacity to work during the claim period and failing to disclose that he was working as a rideshare driver during his claim.
The worker failed to notify the insurer of engagement in a calling by not disclosing to the self-insurer that he was working during the claim period.
The worker provided false or misleading information by giving incorrect information in documents to the self-insurer.
The worker stated false or misleading information by lying about his capacity for work to a registered person.
The worker attempted to defraud the self-insurer by providing a Notice of Claim for Damages and several statutory declarations that did not disclose his rideshare work and income from that work.
The worker was employed as a meatworker when he lodged a claim for compensation to the self-insurer due to a right elbow injury. The claim was accepted.
In the claim form, the worker stated that he was not self-employed or carrying out secondary employment. However, the worker had in fact been working as a driver for Uber. The self-insurer emailed the worker and specifically asked him if he was undertaking work for Uber and the worker did not respond.
The worker attended a hand and upper limb surgeon engaged by the self-insurer and reported that he had not worked at all in any employment since the beginning of the claim.
The worker attended an orthopaedic surgeon engaged by the self-insurer and reported that he had not worked since the beginning of the claim period. The worker had a further ten consultations with this orthopaedic surgeon and failed to disclose his work as an Uber driver.
The worker signed a Notice of Claim for Damages (NOC) relating to his work-related injuries and served it to the self-insurer. In the NOC, the worker did not disclose his income from his work as an Uber driver. He signed a declaration that declared all statements made within the NOC were true and correct.
Following receipt of the NOC, the self-insurer requested further details about the worker’s income. The worker’s lawyers provided a statutory declaration sworn by the worker which falsely stated he had only earnt $281.34 from driving for Uber.
In fact, the worker had earnt $12,396.36 whilst driving for Uber during the claim period. He fraudulently obtained $53,694.81 in compensation as a result of his failure to disclose his engagement in a calling and the false documents he provided.
|Common Law rights extinguished?
|Consideration for Prevention
Workers must be honest about their engagement in any type of work, self-employed or otherwise, and their capacity for work whilst receiving compensation.