Coverage and eligibility
This chapter provides information about workers’ compensation coverage and benefit eligibility in each jurisdiction. Workers’ compensation coverage differs between each jurisdiction. Determining whether a person is covered by workers’ compensation depends on the definitions of:
- workers/employees
- deemed workers/employees
- injury, and
- workplace.
Table 4.1 provides an overview of the guidelines and information in each jurisdiction for determining coverage of workers.
Prescribed time periods
The time periods for injury notification and claim submission differ between jurisdictions. Table 4.2 shows the timeframes for injury notification, claims submissions etc. prescribed in most jurisdictions. Table 4.3 summarises the processes and timeframes involved in submitting a claim and highlights who (e.g., worker, employer, insurer or authority) is responsible for the various aspects.
Coverage of workers/employees
To be eligible for compensation a person injured in the workplace must fall within their jurisdiction’s definition of worker/employee. Determining what types of workers are covered is important, as penalties can apply if an employer does not insure its workers. Employers should contact their workers’ compensation authority if they are unclear whether a worker is covered. Table 4.4 outlines which workers are covered for the purposes of workers’ compensation.
Definitions of deemed workers
A ‘deemed worker’ is a person who falls outside the general statutory definition of worker in a jurisdiction, but is deemed by legislation to be a worker to receive a workers’ compensation benefit. Table 4.5 provides a list of deemed workers in each jurisdiction.
Compensation coverage for volunteers
Table 4.6 provides a summary of workers’ compensation arrangements in each jurisdiction for volunteers such as firefighters, emergency service volunteers and persons performing community services or unpaid duties.
Treatment of sportspersons
All jurisdictions that cover sporting activities in their workers’ compensation legislation refer to the professional side of the sport only. A comparison of jurisdictions can be found in Table 4.7.
Workers’ compensation arrangements for government employers
Table 4.8 summarises the legislation, self-insurance, claims managers and premiums covering workers’ compensation for government employers in each of the jurisdictions.
Workers’ compensation arrangements for judges and members of parliament
Table 4.9 provides a summary of workers’ compensation arrangements for judges and members of parliament in each jurisdiction.
Retirement provisions
Table 4.10 provides a summary of workers’ compensation coverage for workers injured near or after the pension age.