As at 1 July 2013, the definition of “worker” was amended in the Workers’ Compensation and Rehabilitation Act 2003 (Qld). The changes align with the Australian Taxation Office’s definition of “worker” and accordingly fewer people will now be covered. Importantly, the changes may affect individual contractors who may have otherwise been previously covered. WorkCover states that the changes are likely to have a significant effect on the construction and transport industries.
A worker is now defined as a person who works under a contract and, in relation to the work, is an employee for the purpose of assessment for PAYG withholding under the tax legislation.
Indicators of a contractor include the following –
(1) The person is free to subcontract the work;
(2) The person is paid for a result achieved based on the quote they provided;
(3) The person provides most or all of the tools/equipment to complete the work and does not receive an associated allowance;
(4) The person is legally liable for their work and the cost of rectifying defects;
(5) The person decides the manner in which the work is performed;
(6) The person is operating their own business independent of the “employer”.
Accordingly, it’s time to revisit whether you are still a worker and covered in the event that you injured. If you have any questions…..
McColm Matsinger Lawyers