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HOME > FAQs > Workers compensation > Eligibility for and... > Eligibilty Qu14
Eligibility for and lodging of a workers compensation claim Q14
Who is eligible to claim workers compensation?

A person who is a 'worker' or 'deemed worker' under the Workplace Injury Management and Workers Compensation Act 1998 is eligible to claim workers compensation.

The word 'worker' is used to describe an employee under the Act. Worker means any person who has entered into, or works under, a contract of service or apprenticeship with an employer – or a deemed worker, as described by the Act.

Generally, a worker is someone who receives wages or commission regardless of the number of hours worked each week and includes workers who work away from the employer's premises.

Some examples of deemed workers are:

  • outworkers
  • contractors
  • a person who contracts to do certain kinds of rural work
  • taxi drivers
  • sales representatives
  • jockeys and certain harness racing drivers
  • casual or part time workers.


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