Who is a Worker?
From 4.00pm 30 June 2010, a worker is someone who is employed under a contract of service or a contract for labour or substantially for labour only, regardless of whether this is express or implied. A worker is not an individual who is paid to achieve a stated outcome, has to supply all equipment of trade required to carry out the work and would be liable for rectifying any defect. A contract can be made either orally or in writing, and applies to full time, part time and casual workers.
A 'Contract of service' exists where there is an employer/worker relationship. In a contract of service, the worker is directly engaged by the employer in employment. Most employment contracts are made under a 'contract of service'.
A 'Contract for service' circumstance is where an individual performs work for the principal and personally does part or all of the work. A person who is employed under a 'Contract for service' and works on a regular and systematic basis can be deemed to be a worker.
Obligations for Workers
Injured workers must take all reasonable steps to return to the workplace as soon as possible, taking into consideration the nature of the injury, and participate and cooperate in the Personal Injury Plan. (Note: failure to comply may result in weekly compensation payments being stopped).
The Workers Compensation Act 1951 (the Act) ensures that injured workers:
To make a claim, you must:
What is a Work Related Injury?
A work related injury is a personal injury or disease arising out of or in the course of the worker's employment. You may be able to claim if you: