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ARTICLE · 16 SEPTEMBER 2012

Take Cover! - for eligible independent contractors

Holding Redlich
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Employers have an obligation to include eligible independent contractors in a workers' compensation insurance policy.

AustraliaEmployment and HR
Charles Power
Charles Power
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Consequences for employers who fail to include eligible independent contractors in their workers' compensation insurance policy

Some employers may not realise that they have an obligation to provide workers compensation insurance cover to sole trader contractors by including payments made to such contractors in the assessable wages figure used by WorkCover Queensland to calculate their annual premiums. The consequences of failing to do so can be severe, with WorkCover granted substantial discretionary powers under the Workers' Compensation and Rehabilitation Act 2003 (Qld) (Act) to assess premiums by default and impose additional penalties on non-compliant employers.

The Act requires employers to provide all "workers" engaged by the employer with workers' compensation insurance cover. The definition of "worker" extends beyond mere employees to include all sole trader contractors engaged by the employer, unless the contractor:

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