---
title: "Check whether the injured person is a worker for a statutory compensation claim"
url: "https://ailawframework.com/practice/personal-injury-and-compensation/check-whether-the-injured-person-is-a-worker-for-a-statutory-compensatio"
type: "task"
site: "AI Law Framework"
id: "A21-WC20261023-1"
practice_area: "Personal Injury & Compensation (workers compensation, CTP/TAC, medical negligence)"
tier: "yellow"
lawyer_review: "required"
last_reviewed: "2026-10-25"
---

# Check whether the injured person is a worker for a statutory compensation claim

> 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.

Canonical page: https://ailawframework.com/practice/personal-injury-and-compensation/check-whether-the-injured-person-is-a-worker-for-a-statutory-compensatio  
Last reviewed: 2026-10-25

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Personal Injury & Compensation (workers compensation, CTP/TAC, medical negligence)](https://ailawframework.com/practice/personal-injury-and-compensation.md) |
| Human involvement | Yellow: Lawyer and AI draft together |
| 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. |
| Written for / versions | 3 jurisdiction versions below |

## Checking plan

**Source-by-source verification**

The lawyer checks the output against the file and the linked sources before it is used or sent.

- What the AI does: 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 does: 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.
- Who reviews: Lawyer competent in statutory workers compensation
- Basis: Checked against the linked sources on 23 October 2026. Confirm the current instrument before reliance.
- Why: The level reflects what the work is, the consequence of an error, and how much the lawyer must check on every file.

## Checks the lawyer makes

1. Match each fact to the contract, the payslips or the roster, not to the person's description of the job.
2. Apply the exclusions and the deemed-worker list for that state before treating a contractor label as the answer.
3. Do not use Commonwealth employment as a state-scheme worker. Queensland's page excludes Commonwealth employees.
4. Leave the status undecided where the contract, the direction of the work or the pay records are missing.

## Notes

- 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.

## Sources

- [WorkSafe Victoria claims manual: define a worker](https://www1.worksafe.vic.gov.au/vwa/claimsmanual/Claims%20Manual/2-claims-management/2-1-workers-and-injuries/2-1-1-define-a-worker.htm) (checked 2026-10-23)
- [WorkCover Queensland: determining who is a worker](https://www.workcoverqld.com.au/insurance-and-premium/types-of-insurance/who-your-policy-needs-to-cover/determining-who-is-a-worker) (checked 2026-10-23)
- [icare: classifying workers or contractors](https://www.icare.nsw.gov.au/workers-compensation/employers/classifying-your-workers) (checked 2026-10-23)

## Jurisdiction versions

| Jurisdiction | Level |
| --- | --- |
| [New South Wales](https://ailawframework.com/practice/personal-injury-and-compensation/check-whether-the-injured-person-is-a-worker-for-a-statutory-compensatio/new-south-wales.md) | Yellow |
| [Queensland](https://ailawframework.com/practice/personal-injury-and-compensation/check-whether-the-injured-person-is-a-worker-for-a-statutory-compensatio/queensland.md) | Yellow |
| [Victoria](https://ailawframework.com/practice/personal-injury-and-compensation/check-whether-the-injured-person-is-a-worker-for-a-statutory-compensatio/victoria.md) | Yellow |

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*