Can a sub-contractor in South Australia be entitled to workers compensation?

By Christie Tsoubarakis

When a person thinks of a Workcover claim it is often in the context of an employee being injured during the course of their employment. But what if you're engaged as a sub-contractor and you injure yourself at work?

To have an entitlement to a Workcover claim in South Australia a worker must have suffered an injury as a result of his or her employment. A 'worker' is defined as a person who carries out work under a contract of service (whether as an employee or not) and where a work relationship is formed in which one party is recognised as the employer and the other party as the worker.

Sub-contractors are self-employed and therefore cannot be considered a 'worker' under the Act. Having said that, the type of relationship is not necessarily determined by the label which the parties choose to put on it.