Forced onto ABN as a truck driver in Adelaide. EML rejected WorkCover claim before SAET listing. What are my chances of winning?

Hi everyone,
I am a truck driver in Adelaide, currently off work due to a severe workplace injury. I was forced to work under an ABN, but it was a classic 'Sham Contracting' setup—100% sole income, fixed roster, and the employer provided the truck, fuel, and all maintenance.

My lawyer has lodged a dispute at SAET claiming 'Deemed Worker' status. However, the insurer (EML) just rushed a complete rejection of the claim right before our first tribunal listing in mid July. They are refusing any interim income support or medical bill payments for now.

I have a newborn baby and zero income, so the financial stress is extreme. I am trying to understand:

Based on SA law and past cases, what are my realistic chances of winning a 'Deemed Worker' case when the employer provided the heavy vehicle (truck)?

How long does the SAET process typically take to reach a decision or forced settlement after the first listing?

EML is refusing to pay outstanding medical bills to my clinic. Did anyone manage to get their clinic to defer bills until the SAET decision?

Any advice on the legal outlook or SAET experience would give my family some much-needed clarity. Thank you.

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u/No-Wealth-4533 — 4 days ago

SAET/WorkCover SA Dispute: Insurer (EML) refusing interim payments due to rushed rejection. Need advice on "Deemed Worker" status.

Hi Everyone,

I recently posted about my workplace injury case heading to SAET in South Australia, where my WorkCover claim was rejected on an ABN (arguing "deemed worker" status).

I have a quick update and need some insights. My lawyer just informed me that the insurer (EML) is refusing to pay any interim financial support. Their position is that because they officially rejected my main claim before any interim payments were formally accepted or processed, they now have no legal obligation to pay me anything until the tribunal makes a final decision.

My lawyer agrees the insurer's approach is wrong and incompetent, but says that since the claim is technically rejected right now, we can't force them to pay interims until the final hearing, which is unlikely to resolve at our first upcoming listing on July .

Has anyone else faced this specific loophole where the insurer rushed a rejection to avoid paying interim support? Is there any way to argue or fast-track interim relief at SAET during the first hearing when a family is facing extreme financial hardship (2 kids and a newborn)?

Any advice, past experiences, or success stories would be highly appreciated. Thank you all!

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u/No-Wealth-4533 — 4 days ago

Truck driver in South Australia facing extreme financial hardship due to WorkCover/EML dispute. Need advice on bills/rent relief.

**Hi everyone,**
**I am a truck driver in Adelaide, currently out of work due to an injury. I was working under an ABN but it was 100% sole income with company gear (classic sham contracting). My lawyer has lodged a "Deemed Worker" claim at SAET.**

**However, the insurer (EML) has completely rejected the claim right before our first tribunal listing on July 9, meaning they are refusing to pay any interim financial support for now. My lawyer says the main court dispute could take months.**

**I have 2 daughters and a newborn baby, rent to pay, and upcoming bills with zero income coming in right now.**

**Has anyone dealt with EML rushing a rejection like this?**

**What is the quickest way to apply for financial hardship with banks and utility companies in SA while waiting for a tribunal decision?**

**Are there any local charities or union support options in Adelaide for injured transport workers?**

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u/No-Wealth-4533 — 4 days ago
▲ 4 r/WorkcoverVic+1 crossposts

SAET/WorkCover SA Dispute: Insurer (EML) refusing interim payments due to rushed rejection. Need advice on "Deemed Worker" status.

Hi everyone,

I am in South Australia and currently dealing with a heavy WorkCover dispute heading to SAET. My first listing/hearing is next week on July 9.

I was working as a truck driver under an ABN. However, it was 100% my sole source of income, they provided all the gear/tools, and controlled my hours—classic sham contracting. I had an injury, and my lawyer filed a claim arguing "Deemed Worker" status.

The insurer (EML) completely rejected the main claim. My lawyer tried to push for interim financial support payments while we dispute this. However, EML’s position is that because they formally determined and rejected the main claim before interims were accepted, they now have zero legal obligation to pay me anything until the tribunal makes a final decision.

My lawyer agrees EML's approach is wrong and frustrating, but says that since the claim is technically rejected right now, we can't force them to pay interims at the upcoming July 9 hearing, and that the case will take months to resolve.

My family is facing severe financial hardship right now (rent, bills, newborn baby).

Has anyone successfully fought EML on interim payments at SAET after a formal rejection?

Can a judge force interim relief during the first hearing based on extreme financial hardship?

Any general advice on how long the "Deemed Worker" process takes at SAET?

Thank you so much for reading and for any insights.

reddit.com
u/No-Wealth-4533 — 4 days ago