Working it out: When a contractor will be considered a worker under the VIC Workers Compensation Scheme

1. INTRODUCTION

An employer who hires a contractor needs to consider whether the individual who actually does the work is likely to be a "worker" for WorkCover insurance purposes. This is not always clear cut and can be complicated by factors such as the structure of the entity who contracts with the employer.

This article looks at circumstances when an injured contractor will be considered a worker of the employer, with a focus on the WorkSafe Victoria Guidelines titled "Contractors and workers guideline" (the Guidelines).¹ These Guidelines examine when a contractor engaged to carry out work is to be considered a "worker" for WorkCover insurance purposes.

*Note at the time of writing this article they were last updated as of 29 July 2022.