Who Is a Worker?
Examples of workers* are:
- a full-time employee
- a part-time employee
- a casual employee
- any person who is deemed (under the Accident Compensation Act 1985) to be a worker or deemed to be working under a contract of service
- a beneficiary employed by a trustee
- a director working for an employer
- a driver of passenger vehicles who has obtained a vehicle under contract of bailment (for example, a taxi driver)
- a person attending a place of pick-up (a place where casual workers are chosen by an employer)
- a secretary of a co-operative society
- a share farmer who received less than one third of the income derived from the land, or where there is a contract in writing that the owner of the land is responsible for compensation under the Accident Compensation Act 1985
- a timber contractor
* Under the Occupational Health and Safety Act 2004, a worker is called an employee. An employee is a person employed under a contract of employment or under a contract of training.
Who is not a worker?
A volunteer** who does not receive any payment for the services he/she provides is not a worker under WorkCover legislation.
A sole proprietor, partner or member of a partnership, or trustee who is a "natural person" is not a worker.
** Some volunteer workers in the Country Fire Authority, State Emergency Service and at schools are entitled to claim WorkCover compensation.
Contractors
Contractors are sometimes considered to be workers. For more information, see contractor guidelines.
