Who is covered?
Your WorkCover accident insurance policy covers any workers you employ.
From 1 July 2013, a worker is ‘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 Taxation Administration Act 1953 (Cwlth), schedule 1, part 2-5’ (s11 of the Act). The definition includes ‘persons who are workers’ under Schedule Two, Part One but excludes ‘persons who are not workers’ under Schedule Two, Part Two. Under section 11 of the Act, a worker must be an individual. Therefore, if you engage a corporation they will not be a worker as only an individual can be a worker. The same applies if you have entered into an agreement with a partnership or trust for the services of the worker. Sole traders are however engaged as individuals and may be a worker.
Directors, partners or sole traders
Directors, partners or the sole trader of your own business are not covered. It’s not mandatory to have cover, but workers’ compensation insurance is available for you.
Paying other businesses for services
If you are paying other businesses for their services, their workers are not covered under your policy—they are required to have their own policy.
Please call us on 1300 362 128 if you have questions about workers or your policy’s coverage.