Check whether the injured person is a worker for a statutory compensation claim
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- From the contract, pay records and who directs the work, using a firm-controlled tool, table each opened test for a worker, a deemed worker and an excluded person, and list the facts still missing. Do not decide status.
- What the lawyer must review
- Decide whether the person is a worker, a deemed worker, or outside the scheme.
- Do not treat an ABN, a tax invoice or a contractor label as conclusive.
- Check the contract, the pay records and who directs the work against that state's tests.
- Health and wage records stay in a firm-controlled tool. Apply ASCR r 9, APP 11, and the notifiable-breach test.
Open a jurisdiction version of this task to see which instruments apply: NSWQLDVIC
Who does what
| Role | What they do |
|---|---|
| Assistance | From the contract, pay records and who directs the work, using a firm-controlled tool, table each opened test for a worker, a deemed worker and an excluded person, and list the facts still missing. Do not decide status. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Match each fact to the contract, the payslips or the roster, not to the person's description of the job.
- Apply the exclusions and the deemed-worker list for that state before treating a contractor label as the answer.
- Do not use Commonwealth employment as a state-scheme worker. Queensland's page excludes Commonwealth employees.
- Leave the status undecided where the contract, the direction of the work or the pay records are missing.
Sources
- WorkSafe Victoria claims manual: define a worker · 2026-10-23
- WorkCover Queensland: determining who is a worker · 2026-10-23
- icare: classifying workers or contractors · 2026-10-23
Labour hire damages against a host employer are a different task. This check is only whether the person is a worker for statutory compensation.
Confirm the deemed-worker schedule in the current Act before reliance. The icare page links Schedule 1 of the 1998 Act.
If health or wage records leave the firm-controlled tool, decide whether a Privacy Act 1988 (Cth) breach is notifiable.