Who can lodge a claim

If you are a worker, you can lodge a claim for workers' compensation regardless of who or what caused the work-related injury.

Under the Workers’ Compensation and Rehabilitation Act 2003, a ‘worker' is someone who is employed under a contract of service, regardless of their tax paying status. This means that the person:

• earns a salary or wages from their employer
• has set hours
• is supervised and can be disciplined or dismissed by their employer.

You can also apply for workers’ compensation if you:

• fail the 'results test'
• work under a contract, at piecework rates, for labour only or for substantially for labour only
• do not regularly carry on a trade or business
• perform work outside usual trade or business.

You may also be a 'worker' if you have an Australian Tax Office personal services business determination and do not regularly carry on a trade or business, work for labour only, or work for substantially labour only.

Volunteers and work experience students may also be eligible for workers’ compensation.

Workers’ compensation legislation specifically excludes some people from being defined as ‘workers’ for example company directors, trustees, partners engaged by their partnership, professional sportspersons, and self-employed individuals.

The following links provide more information about the different types of workers' compensation claims. If you are still unsure about who can claim for workers' compensation, call us on 1300 362 128.