2.1 Workers and Injuries
2.1.1 Define a worker | 2.1.2 Mental injuries - entitlements and exceptions | 2.1.3 Exceptions to entitlement or entitlement only to reduced compensation | 2.1.4 Specific persons or roles | 2.1.5 Cross border provisions | 2.1.6 Define an injury | 2.1.7 Specific injuries | 2.1.8 Responding to serious incidents
This chapter explains who is a worker and who are deemed to be workers for compensation purposes, including people under contract and in specific roles.
Criteria for compensation
If a worker's injury or illness is work-related An injury/disease is work related if it arose out of or in the course of employment and the scope of employment., then they may be entitled to compensation.
The following criteria must be met for a person to receive compensation:
- the person must be a worker within the meaning of the legislation
- the worker must sustain an injury that has arisen out of or in the course of employment and in some cases,
- their employment must be a significant contributing factor to the injury, or
- their injury must have predominantly arisen out of or in the course of employment.
See: Significant contributing factor
Provisional payments for mental injuries
Workers may also be entitled to provisional payments where they have made a claim for compensation which includes a mental injury, and can be payable before the claim is determined (i.e. while still pending), or after the claim has been rejected.
See: 6.5 Provisional payments for a mental injury
Work-related death
If a work-related injury results in or materially contributes to a worker’s death, dependants of the worker can apply for compensation.
See: Death claims