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2.1 Workers and Injuries

2.1.1 Define a worker | 2.1.2 Exceptions to entitlement for mental injuries | 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 then they are entitled to compensation. In some cases the employment must have been a significant contributing factor to the worker’s injury.

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 suffer a work-related injury and in some cases, their employment must be a significant contributing factor to that injury.

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