Brazel Moore Lawyers have acted in matters where Workers Compensation Insurers have denied liability on the basis the person is not “a worker” and, therefore, he or she has no legal rights to claim for compensation.
In many cases, there is no written contract of service between the employer and the worker. You could, however, in certain circumstances be considered “a worker” (or “a deemed worker”) and have compensation rights. Even if you have your own ABN you might still be “a worker” if:
- You are directed by the employer to do a job and the employer sets the time and how the work should be done;
- You are required to actually do the job;
- You are paid on a time basis;
- The employer provides tools and materials for you to do the job;
- You work for one employer only.
You could be “a contractor” if:
- You do the job using your own skill and judgement;
- You employ others to do the job;
- You are paid on the basis of a quotation for the job;
- You use your own tools and materials;
- You have your own business name;
- You are affected by PAYG tax arrangements.
You should always find out where you stand in relation to your employment. Call Peter Moore on (02) 4324 7699 for further information.