Who is eligible for workers compensation?

To be entitled to workers comp, a person must be a ‘worker’ as defined by NSW workers compensation legislation.

To be eligible for workers compensation in NSW, a person must meet the definition of a 'worker' under workers compensation legislation.

A worker is typically someone employed under a contract of service, including manual labour, clerical work, or apprenticeships. The relationship is characterised by the employer's control over work performed, hours, and conditions.

In contrast, a contractor operates their own business. Various factors, such as contracts, work delegation, and tax arrangements, are considered when determining worker status, with no single factor being decisive.

However, even if someone doesn't meet the standard definition of a 'worker' under NSW legislation, they may still qualify for workers comp as a 'deemed worker' under specific categories in Schedule 1 of the Workplace Injury Management and Workers Compensation Act 1998. These categories include certain contractors, rural workers, timber getters, jockeys, salespeople, voluntary firefighters, and others, such as volunteer ambulance workers and participants in training programs.

For more information, visit SIRA's website.