Injured in Queensland? Discover if You’re Eligible for a WorkCover Claim

Injured in Queensland? Discover if You’re Eligible for a WorkCover Claim

Published on 26 May 2023
Last updated on 15 February 2024

Workplace injuries can be devastating, both physically and financially. In Queensland, the Workers’ Compensation and Rehabilitation Act 2003 (the Act) provides a framework for injured workers to access compensation for work-related injuries or illnesses. However, not everyone is eligible to make a WorkCover claim under the Act. In this article, we will explore who can make a WorkCover claim in Queensland, focusing on the definition of a “worker” under the Act.

 

Injured in Queensland? Discover if You're Eligible for a WorkCover Claim

 

1. Defining ‘Worker’

As per the Workers’ Compensation and Rehabilitation Act 2003, a worker is defined as

  • an individual
  • works under a “contract of service”
  • is considered an employee for the purpose of assessment for PAYG withholding.

A “contract of service” refers to the agreement between an employer and an employee, which is the most common way that workers are employed by their employers. This type of contract is different from a “contract for services”, which is an arrangement typically made between a contractor and a client. In a contract for services, the contractor is not an employee of the client and is responsible for their own business operations.

This definition includes

  • full-time, part-time, and casual employees
  • apprentices
  • unpaid interns
  • some contractors and subcontractors

 

2. Are Contractors classified as workers?

To determine whether a contractor or subcontractor is eligible for a WorkCover claim, it must be established whether they are considered a worker under the Workers’ Compensation and Rehabilitation Act 2003. The Act sets out specific criteria to differentiate between employees and contractors.

For employees:

  • they cannot subcontract the work
  • they are paid by the hour, per piece of work, or for a commission
  • they do not provide their own tools or equipment for the job
  • the employer is responsible for fixing any faults
  • The employer has the right to direct the worker and consider them part of the business.

On the other hand, contractors:

  • can subcontract the work
  • are paid for a job based on a verbal or written quote they provide
  • provide their own tools and equipment for the job
  • are responsible for fixing any faults.
  • have the freedom to work as they see fit, as long as it is subject to the specific terms of any contract or agreement.
  • operates their own business independently from the employer
  • are free to accept or refuse additional work.

In conclusion, WorkCover Queensland provides workers’ compensation insurance to eligible workers who have sustained a work-related injury or illness. Whether a contractor is eligible for a WorkCover claim depends on the nature of their work arrangement, and the criteria set out in the Workers’ Compensation and Rehabilitation Act 2003 must be examined.

 

3. Conclusion

In conclusion, the Workers’ Compensation and Rehabilitation Act 2003 provides a framework for injured workers to access compensation for work-related injuries or illnesses in Queensland. However, not everyone is eligible to make a WorkCover claim under the Act. To be eligible, a person must be a “worker” as defined under the Act, which includes employees, some independent contractors, and other types of workers. Self-employed people, certain public officials, and Federal Government employees are covered ComCare.

If you believe you are eligible or have any questions regarding your eligibility, don’t hesitate to take action. Contact Ascent Lawyers today for expert advice and personalized assistance. Our experienced team specializes in workers’ compensation claims and can guide you through the process, ensuring you receive the compensation you deserve for your work-related injury. Call us now or visit our website to book a consultation and take the first step towards securing your rights. Your well-being is our priority, and we’re here to support you every step of the way.

Disclaimer: Ascent Lawyers owns all copyright in the text. This article is of a general nature and should not be regarded as legal advice or relied on for assistance in any particular circumstance or emergency situation. To obtain legal advice in relation to your own circumstances, please contact us for consultation.

Want to get more information? Contact us now!

We are here to help you with any concerns!
Share this article