Newspaper article Coffs Coast Advocate (Coffs Harbour, Australia)

Compensation for Workers

Newspaper article Coffs Coast Advocate (Coffs Harbour, Australia)

Compensation for Workers

Article excerpt

JOHN is a farmer who breeds beef cattle.

John essentially works his farm by himself but occasionally he seeks paid help, and on this occasion he seeks help from another farmer by the name of Bill, who comes to John's property to help him put up fencing over a period of eight weeks.

John pays Bill an amount of $1000 for each of the eight weeks' work, being a total of $8000.

John does not have a workers' compensation insurance policy.

Unfortunately, Bill has an accident at the end of the eight weeks where he cuts his hand badly and as a result is unable to work for a number of weeks.

Bill sees a solicitor and is advised that he is a worker within the definition under the Workplace Injury and Management Workers Compensation Act 1998 and makes a workers' compensation claim against John on behalf of Bill for weekly payments at the prescribed rate of 90% of such wages and also makes a claim for his medical expenses.

It was John's view that Bill, who had his own Australian Business Number (ABN), was an independent contractor. …

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