---
title: "Table the Queensland tests for who is a worker, without deciding status"
url: "https://ailawframework.com/practice/personal-injury-and-compensation/check-whether-the-injured-person-is-a-worker-for-a-statutory-compensatio/queensland"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A21-WC20261023-1-QLD"
practice_area: "Personal Injury & Compensation (workers compensation, CTP/TAC, medical negligence)"
tier: "yellow"
lawyer_review: "required"
jurisdictions: ["QLD"]
last_reviewed: "2026-10-25"
---

# Table the Queensland tests for who is a worker, without deciding status

> From the contract, the pay records and who directs the work, using a firm-controlled tool, table section 11 and the four tests in the order the WorkCover page states, and list the facts still missing.…

Canonical page: https://ailawframework.com/practice/personal-injury-and-compensation/check-whether-the-injured-person-is-a-worker-for-a-statutory-compensatio/queensland  
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, using a firm-controlled tool, table section 11 and the four tests in the order the WorkCover page states, and list the facts still missing. Do not decide whether the person is a worker. |
| What the lawyer must review | You decide whether the person is a worker. The tool does not. Check section 11 and schedule 2. The page's four tests are a guide, not the schedule. Do not treat an ABN, a tax invoice or a contractor label as conclusive. Use a firm-controlled tool. Check ASCR r 9, APP 11 and any notifiable breach. |
| Written for | Queensland |
| 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 decides worker status. The tool only tables the four Queensland tests and the missing facts.

- What the AI does: From the contract, the pay records and who directs the work, using a firm-controlled tool, table section 11 and the four tests in the order the WorkCover page states, and list the facts still missing. Do not decide whether the person is a worker.
- What the lawyer does: Make the legal assessment, check the source material and authorise the output for its intended use.
- 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. Record a contract, a bailment, or a right to use property before any exclusion.
2. List an exclusion or an inclusion only where the page states it.
3. Leave the status cell blank.

## Notes

- Health, wage and scheme records stay in a firm-controlled tool. Check ASCR r 9, APP 11, and whether a disclosure is notifiable under the Privacy Act 1988 (Cth).
- Section 11(1) says a worker is a person who works under a contract and, for that work, is an employee for PAYG withholding under the Taxation Administration Act 1953 (Cth), schedule 1, chapter 2, part 2-5, or a regulated worker under the Fair Work Act 2009 (Cth) where chapter 3A coverage applies and the person is prescribed by regulation. Sections 11(2) and (3) send particular circumstances to schedule 2, parts 1 and 2. Section 11(4) says only an individual can be a worker. Schedule 2 was not opened.
- The WorkCover page gives four tests in order and lists exclusions and inclusions, including companies, trusts and partnerships, directors, trustees and partners, and several other groups. It says the page is a guide and that WorkCover decides on the facts. Those lists are not quoted here as schedule 2.

## Practical guide

Jurisdiction: Who is a worker for Queensland statutory compensation

**Deliverable**: A four-test table with missing facts marked. No status conclusion.

**Inputs**

- The contract or the engagement documents
- The pay records
- Who directs the work

**Example**: Illustrative example: The invoice is in a company name and the person is a director of that company. The table records both facts against the entity exclusion and the director exclusion. The status cell stays blank.

**Stop and escalate when**

- There is no contract and no account of how the work was arranged.
- The output would say the person is, or is not, a worker.

Checked 2026-10-23.

## Sources

- [Workers' Compensation and Rehabilitation Act 2003 (Qld) s 11](https://classic.austlii.edu.au/au/legis/qld/consol_act/wcara2003400/s11.html) (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)

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