Who can claim workers compensation?

A person can claim workers compensation in Tasmania where he or she is a worker, or is deemed to be a worker, whether full time, part time, casual or intermittent.

The Act defines a worker as a person who has entered into, or works under, a contract of service or training agreement. The contract with the employer can take many forms and still be binding; for instance, it may be express or formal (in writing) or implied (oral).

For the purposes of the Act, the term ‘worker’ also includes the legal personal representatives or dependants of a deceased worker.

The definition includes a worker who has been loaned or hired by their employer to another employer. In such cases, responsibility under the Act stays with the original employer.

The definition includes working directors.

Volunteer fire-fighters, police, ambulance workers and other prescribed volunteers are also deemed to be workers while they are engaged in their volunteer duties. Taxi drivers are also deemed to be workers for the purposes of the Act, unless they are the owner-operator.

It is possible that other legislation may affect the definition of worker for the purposes of the Act.

There are several specific exclusions from the Act’s coverage. These are

• workers employed on a casual basis for a purpose other than the employer’s trade or business (private arrangements between a worker and a person who is normally their employer would usually be covered by a domestic workers compensation policy)
• outworkers
• workers employed as domestic servants with a private family who have not completed 48 hours employment with the employer at the time they suffer injury (an arrangement for a casual cleaner, for example, would usually be covered by a domestic workers compensation policy, unless the person was an ‘independent contractor’)
• members of crews of fishing boats who are paid wholly or mainly on the basis of a share of profits or gross earnings of the boat
• people participating in approved programs of work for unemployment payment (work-for-the-dole schemes).

Independent contractors are engaged in a contract for services and, with very few exceptions, they are not workers under the Act.

The Act does not apply to workers engaged in sporting activities who may receive some payment simply for playing, training or traveling with a sporting body. However, the Act does apply to workers genuinely engaged under contracts of service with sporting bodies: for example, paid coaches, umpires or referees; including sportspeople if their contract of service includes payment for performing tasks not related to competition.

The Act does not apply to a worker employed on a ship where the Commonwealth Seafarers Rehabilitation and Compensation Act 1992 applies.