Workers’ Compensation: The Definition Of A "Worker"

Workers’ Compensation: The Definition Of A "Worker"




The dynamics in each individual claim for workers’ compensation Queensland can vary from other States or Territories across Australia. It is now a fact in relation to compensation claims that the definition of a “worker” has recently changed depending on that State or Territory.

As an example, a worker in Queensland is now defined as someone that is based solely on a contract of service. This method that under this definition there is no longer the need for a person to be a PAYE taxpayer. PPS taxpayers plus those that have no tax deductions will no longer find themselves automatically excluded from lodging a claim for workers’ compensation.

The information “worker” can be very general indeed. It will cover not only those in complete time employment receiving wages or a salary but also part time workers, casual, seasonal or those who work on a commission only basis, and workers that receive their payment in kind. The term “worker” includes a person whose work is regulated by an industrial award or agreement.

In Queensland as of the 1st of July 1999 your job must “be a meaningful contributing factor” in the cause of an injury for you to be eligible for workers compensation Qld.

Personal injuries can include but are not restricted to;
1. Death from injury, disease or an aggravated disease.
2. Disease (asbestosis or mesothelioma)
3. A cut or fracture.
4. Industrial deafness (loss of hearing).
5. Psychiatric or psychological disorder.

A personal injury claim cannot and will not cover for clothing or jewellery but will cover for loss of eyewear (glasses) and artificial limbs, as long as they were, being used in accordance with the purpose that they were intended for at the time they were damaged or left in a state of disrepair.

If you have already suffered from an injury in the workplace then you may already have received workers’ compensation and/or work cover benefits. What many people don’t realize though is that they may also be able to file a claim for injuries that have resulted due to an employer’s negligence.

Under Queensland regulations you may also be able to claim “damages” compensation in addition to any other benefits you may already have received, that right to claim could be lost if you agree to or sign any documents and accept a lump sum payment. It is imperative that you do not sign any agreement for any such payment until you have spoken to a personal injuries lawyer, who will have the kind of knowledge and experience to help you in making this important decision.

If you are experiencing any kind of problem when lodging a claim for workers’ compensation in Qld, then your first plan of action should be to contact an experienced personal injuries lawyer who can best deal with these types of claim. Anyone living or working in Queensland are most fortunate to have some of the very best lawyers in Australia practicing in this state. Remember there are time limits in place and already a day too late submitting a claim can ruin your chances of a just reward.




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