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.