Workers’ Compensation for Gig Workers in Queensland: What You Need to Know

In Queensland, the rise of the gig economy has fundamentally changed the landscape of work. Gig workers—individuals involved in short-term, flexible roles frequently facilitated through digital platforms—are increasingly becoming a crucial component of the workforce. Nonetheless, the nature of gig work introduces distinct challenges regarding workers’ compensation. This article explores the complexities of workers’ compensation for gig workers in Queensland, providing valuable insights and guidance.

Understanding Gig Work

Who are Gig Workers?

Gig workers are often self-employed professionals or freelancers who take on work on a per-project basis, rather than through long-term employment contracts. They often rely on digital platforms to find and secure work. Common examples include ride-sharing drivers for Uber and DiDi, food delivery workers for services like UberEats and DoorDash, and freelance professionals offering services on platforms such as Fiverr and Airtasker.

Characteristics of Gig Work

• Flexibility: Gig workers can choose their working hours, location, and projects.
• Independence: They operate as their own business entities rather than traditional employees.
• Platform-Based: Work is often facilitated through digital platforms that connect workers with clients.

Recent Developments and Reforms

Legislative Changes

Recent reforms seek to fill the gaps in workers’ compensation coverage for gig workers. Changes to the Fair Work Act 2009 (Cth), implemented through the “Closing Loopholes” reforms, now impact independent contractors. Notably, these reforms seek to better align workers’ rights with the evolving nature of work.

Key Changes

Definition of Employee

Section 15AA of the Fair Work Act now takes into account the actual nature of the working relationship. It goes beyond just the written contract and includes practical aspects of how work is performed.

Opt-Out Notice

Section 15AB allows workers to opt out of employee classification if their earnings exceed a set threshold ($175,000 as of recent updates). This notice can be revoked anytime.

Increased Protections for Regulated Workers

New provisions offer better protections for workers in the gig economy and road transport industries. This involves minimum requirements for payment, insurance coverage, and safeguards against unjust deactivation.

Impact of the Changes

• Enhanced Protections: The reforms aim to provide greater security and fairness for gig workers, addressing issues such as income protection and safety nets.
• Employer Adjustments: Employers and platform operators may need to review their practices and contracts to comply with new regulations.

Compensation Entitlements for Gig Workers

Under the new laws, eligible gig workers now have access to a range of compensation benefits previously unavailable to them. These include:

Weekly Compensation Payments:

Gig workers who suffer a work-related injury or illness and are unable to work can now receive weekly compensation payments. As of 1 July 2024, the basic weekly payment amount is set at $1,014.59, which is pro-rated for workers not engaged in full-time work. This is particularly relevant for gig workers who often work part-time or variable hours.

The weekly compensation is calculated based on the worker’s normal weekly earnings or their minimum entitlements under an industrial instrument. For gig workers with irregular earnings, this will typically be based on their average earnings over a representative period.

Medical and Rehabilitation Expenses

Gig workers are now eligible for coverage of reasonable medical, surgical, and rehabilitation expenses related to their work injury. This includes:

• Doctor and specialist visits
• Hospital treatment
• Physiotherapy and other allied health services
• Prescribed medications
• Travel expenses for medical appointments

Return to Work Support

Injured gig workers are entitled to support for returning to work, including:

• Creation of a Rehabilitation and Return to Work plan
• Assistance in identifying suitable duties
• Access to workplace rehabilitation providers

Lump Sum Compensation

For permanent impairment resulting from a work-related injury, gig workers may be eligible for lump sum compensation. The amount depends on the degree of permanent impairment as assessed by medical professionals.

Death Benefits

In the event of a work-related fatality, the dependents of the deceased gig worker might be eligible for:

• Lump sum payment
• Weekly payments for dependent children
• Funeral expenses

Travel Expenses

Reimbursement for travel expenses deemed reasonable and necessary for obtaining medical treatment related to the work injury.

Property Damage

If personal property (e.g., a bicycle for delivery riders) is damaged in a work-related incident, gig workers may be eligible for reimbursement.

Navigating Workers’ Compensation as a Gig Worker

• Understand Your Classification: Determine whether you are classified as an employee or independent contractor under your platform’s terms and Queensland law.
• Review Your Contract: Ensure your contract with the platform clearly outlines your status and any insurance or compensation provisions.
• Explore Insurance Options: Since gig workers may not be covered by traditional workers’ compensation, consider purchasing personal injury insurance or income protection insurance.
• Seek Professional Advice: If injured, consult with a Workers’ Compensation Lawyer, such as ours to understand your rights and navigate the claims process effectively.
• Know Your Rights: Stay informed about recent legislative changes and how they affect your entitlements. For example, the Fair Work reforms provide new avenues for challenging unfair practices and seeking protections.

The Claim Process

• Report the Injury: Notify your platform and any relevant parties about your injury as soon as possible. This is an essential step for beginning the claims process.
• Gather Documentation: Collect all necessary documents, including medical reports and evidence of your work status and contractual agreements.
• Submit Your Claim: Depending on your coverage, submit your claim to the relevant insurance provider or seek assistance from legal professionals if traditional workers’ compensation does not apply.
• Follow Up: Monitor the progress of your claim and ensure that all required documentation and procedures are followed.

Conclusion

The gig economy is reshaping the world of work, bringing both opportunities and challenges. In Queensland, gig workers face complex issues when it comes to workers’ compensation, largely due to their independent contractor status and the evolving nature of their work. However, recent legislative reforms offer promising changes, enhancing protections and clarifying rights.

Gig workers should stay informed about their rights under the new laws, review their contracts carefully, and consider obtaining additional insurance coverage. By understanding the current landscape and seeking professional advice when needed, gig workers can better navigate the challenges and ensure they receive the protections and support they deserve.

If you’ve been injured as a gig worker, consult with our experienced Workers’ Compensation Lawyers today. We offer tailored advice and solutions to ensure you fully understand your rights and entitlements under the new laws.

Get a free claim check today or call us at 1300 196 219.