Thursday 23 June 2022 03:02 AM Delivery rider's family wins large payout after he was killed in landmark ... trends now

Thursday 23 June 2022 03:02 AM Delivery rider's family wins large payout after he was killed in landmark ... trends now
Thursday 23 June 2022 03:02 AM Delivery rider's family wins large payout after he was killed in landmark ... trends now

Thursday 23 June 2022 03:02 AM Delivery rider's family wins large payout after he was killed in landmark ... trends now

The struggling family of a food delivery driver hit by a bus in Sydney will receive a huge compensation payout in a decision that could have major implications for Australia's booming gig economy.

More than $830,000 in workers' death benefit claims will go to the widow and children of HungryPanda worker Xiaojun Chen. 

The workers' compensation insurer ruled 43-year-old Mr Chen was an employee of the service, rather than a contractor, at the time of his death

Mr Chen left a wife, two children and a 75-year-old father in China. The family were reliant upon Mr Chen's income to live and were waiting on his return to the country to start a family business. 

Under the NSW workers' compensation scheme the family will receive the huge lump sum payment, as well as weekly payments of up to $149 for each child until they are both 16 years old.

The decision could pave the way for future workers' compensation claims in a similar vein and will give impetus to a push from unions to give thousands of workers in food courier services greater protections and guaranteed working standards.

Delivery workers are generally ineligible for compensation as they are technically contractors rather than employees of the delivery companies. 

Mr Chen was struck by a bus  on the job (pictured on the right with his wife, left, and son, in the middle) while his family were waiting in China to begin a family business with the money he earned in Australia

Mr Chen was struck by a bus  on the job (pictured on the right with his wife, left, and son, in the middle) while his family were waiting in China to begin a family business with the money he earned in Australia

So far no other delivery riders' families have received New South Wales workers' compensation following a death on the job

So far no other delivery riders' families have received New South Wales workers' compensation following a death on the job 

In a statement, Mr Chen's widow Lihong Wei said the death of her husband was completely heartbreaking and was a massive blow to the family. 

'My children miss their daddy every day. My daughter has begun struggling with school and my son has lost his father forever at just eight years old. My father in-law has lost his only son. Nothing can ever fix this.'

The widow, her father in-law and her children were waiting for Mr Chen to earn enough money to return home to China before he was fatally hit by the bus in the inner southern Sydney suburb of Zetland in 2020.

Delivery riders are typically ineligible to employee entitlements as they are contractors of the services they work for rather than employees

Delivery riders are typically ineligible to employee entitlements as they are

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