Eligibility for workers compensation
Who Is eligible to claim workers compensation?
By definition, a person who is a "worker" or "deemed worker" under the Workplace Injury Management and Workers Compensation Act 1998 (the Act), is eligible to claim workers compensation. The Act defines a "worker" as a person who enters into or works under a contract of service or apprenticeship with an employer and is remunerated for the services provided.
Generally, a worker is someone who receives wages or commission regardless of the number of hours worked each week and includes workers who work away from the employer's premises. If you require assistance you should contact the WorkCover Claims Assistance Service on 13 10 50.
When can you claim workers compensation?
Workers compensation benefits are payable when a worker suffers a personal injury or contracts a disease which arises out of or in the course of their employment and where the employment is identified as the substantial contributing factor.
Workers compensation benefits are also payable for injuries received on a normal journey to or from work (without significant interruption or diversion) or during an authorised recess, providing the worker did not expose themselves to any abnormal risk of injury.