---
title: "Test an injured person against the NSW definition of worker"
url: "https://ailawframework.com/practice/personal-injury-and-compensation/check-whether-the-injured-person-is-a-worker-for-a-statutory-compensatio/new-south-wales"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A21-WC20261023-1-NSW"
practice_area: "Personal Injury & Compensation (workers compensation, CTP/TAC, medical negligence)"
tier: "yellow"
lawyer_review: "required"
jurisdictions: ["NSW"]
last_reviewed: "2026-10-25"
---

# Test an injured person against the NSW definition of worker

> From the contract, the pay records and who directs the work, table the section 4 definition of worker and the exclusions that definition states.…

Canonical page: https://ailawframework.com/practice/personal-injury-and-compensation/check-whether-the-injured-person-is-a-worker-for-a-statutory-compensatio/new-south-wales  
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, the pay records and who directs the work, table the section 4 definition of worker and the exclusions that definition states. Do not decide whether the person is a worker, and do not add a deemed category. |
| What the lawyer must review | Decide whether the person works under a contract of service or a training contract. An ABN, a tax invoice or a contractor label is not the test. Schedule 1 was not opened. Do not add a deemed worker from it. Keep medical details in the firm's system. Apply ASCR rule 9, APP 11, and the Privacy Act notifiable-breach test. |
| Written for | New South Wales |
| Applies to | [Check whether the injured person is a worker for a statutory compensation claim](https://ailawframework.com/practice/personal-injury-and-compensation/check-whether-the-injured-person-is-a-worker-for-a-statutory-compensatio.md) |

## Checking plan

**Verify against sources**

The lawyer applies the section 4 definition and does not treat a label as conclusive.

- What the AI does: From the contract, the pay records and who directs the work, table the section 4 definition of worker and the exclusions that definition states. Do not decide whether the person is a worker, and do not add a deemed category.
- What the lawyer does: Decide whether the person is a worker, a deemed worker, or outside the scheme.
- Who reviews: Lawyer competent in this practice area
- Basis: Checked against the linked sources on 23 October 2026. Confirm the current instrument before reliance.

## Checks the lawyer makes

1. A worker is a person who has entered into or works under a contract of service, or a training contract, with an employer. The contract may be express or implied, and oral or written.
2. The definition excludes a Police Superannuation Fund contributor, a casual employed for one period of not more than five working days otherwise than for the employer's trade or business, and the religious or voluntary officer described in paragraph (c).
3. A registered participant of a sporting organisation is excluded in the circumstances in paragraph (d), except as Schedule 1 provides. Schedule 1 was not opened.
4. Do not decide status from an ABN, a tax invoice or the word contractor.

## Notes

- The $700 figure in paragraph (c) is the figure printed in the section opened on 23 October 2026. No deemed-worker clause in Schedule 1 was opened, so none is applied.

## Practical guide

Jurisdiction: Workplace Injury Management and Workers Compensation Act 1998 (NSW) section 4

**Deliverable**: A worker-definition table with missing facts marked. No status decision.

**Inputs**

- Contract or engagement terms
- Pay records
- Who directs the work
- Any police, casual, religious or sporting fact the lawyer marks

**Example**: Illustrative example: The person invoices with an ABN and the host sets the hours. The tool records the contract-of-service test and leaves status blank. It does not treat the ABN as an exclusion.

**Stop and escalate when**

- The facts needed for a contract of service are not on the file.
- The tool is asked to apply a Schedule 1 deemed category.

Checked 2026-10-23.

## Sources

- [Workplace Injury Management and Workers Compensation Act 1998 (NSW) section 4](https://classic.austlii.edu.au/au/legis/nsw/consol_act/wimawca1998540/s4.html) (checked 2026-10-23)
- [Workers Compensation Act 1987 (NSW) section 11A](https://classic.austlii.edu.au/au/legis/nsw/consol_act/wca1987255/s11a.html) (checked 2026-10-23)

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