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BRISBANE, Australia - AussieJournal -- With the gig economy growing substantially, Shane Crew of Crew Legal, a personal injury law firm on the Redcliffe peninsula, answers the question; are casual workers covered if they are injured on the job?
As a casual worker you are covered if you are injured on the job, as you do fit within the definition of an employee. Under WorkCover laws, the first step to look at is if you are a worker under the act. In its simplistic form, a worker is defined as an employee for PAYG tax purposes. A true independent contractor is a different matter. They are not necessarily a worker. Although just because you are called an independent contractor, it doesn't mean that you are.
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Here are some indicia of employment factors to look at that may define someone as an employee rather than an independent contractor:
*Control
*Supervision of work
*Wearing a uniform with a logo
*Being told where to be and when to be there
*Do you use your own tools or the tools of the company?
Potential Loopholes
Some employers attempting to reduce their exposure to superannuation benefits or WorkCover premiums may require you to have your own ABN and invoice them for your hours worked and be paid that way. This opens up the danger of how you are classified – an employee or an independent contractor, and where the indicia of employment factors come into play.
To learn more about the issue, visit our website to read our full article, or contact us to discuss your situation.
https://crewlegal.com.au/2023/03/29/casual-workers-and-workcover-claims/
As a casual worker you are covered if you are injured on the job, as you do fit within the definition of an employee. Under WorkCover laws, the first step to look at is if you are a worker under the act. In its simplistic form, a worker is defined as an employee for PAYG tax purposes. A true independent contractor is a different matter. They are not necessarily a worker. Although just because you are called an independent contractor, it doesn't mean that you are.
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Here are some indicia of employment factors to look at that may define someone as an employee rather than an independent contractor:
*Control
*Supervision of work
*Wearing a uniform with a logo
*Being told where to be and when to be there
*Do you use your own tools or the tools of the company?
Potential Loopholes
Some employers attempting to reduce their exposure to superannuation benefits or WorkCover premiums may require you to have your own ABN and invoice them for your hours worked and be paid that way. This opens up the danger of how you are classified – an employee or an independent contractor, and where the indicia of employment factors come into play.
To learn more about the issue, visit our website to read our full article, or contact us to discuss your situation.
https://crewlegal.com.au/2023/03/29/casual-workers-and-workcover-claims/
Source: Crew Legal
Filed Under: Legal
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