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As an ABN worker am i entitled to work cover? All my work is…

Customer Question
As an ABN worker...

As an ABN worker am i entitled to work cover? All my work is with the same company.

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

South Australia

Lawyer's Assistant: Has anything been filed or reported?

Not at this time.

Submitted: 5 months ago.Category: Australia Law
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Answered in 5 minutes by:
2/6/2018
Solicitor: Leon, Solicitor replied 5 months ago
Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 46,719
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
Verified

Hi, I am Leon, a NSW Solicitor. I will be assisting you with your question today. I may ask a few questions. I can call you for an extra fee.

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Solicitor: Leon, Solicitor replied 5 months ago

Do you have a contract

Are you a company or sole trader?

DO you work for the same employer?

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Solicitor: Leon, Solicitor replied 5 months ago

If your are working under a company of your own then your company os liable to pay workers compensation to you as it is the one contracting for the work

If you are an individual and you have the ABN and you contract to the one employer then under the law you may still be classed as an employee and the employer has to cover you for workers compensation even if you hld an ABN

Here is the information under the SA Act and the link it comes from

Self-employed contractors and other persons that meet particular criteria are also 'deemed' workers for the purpose of the Act, including people that work in the following classes of work:

If you contract workers in these industries you may be 'deemed' to be their employer and if so will need to register with ReturnToWorkSA. Each situation needs to be examined on a case by case basis, so if you are unsure whether you need to register, please call us on 13 18 55.

https://www.rtwsa.com/insurance/insurance-with-us/premium-calculations/who-is-a-worker

But if you have a comPany that you work fro and that company holds the ABN and contracts with the employer it will be hard to show that you personally are the employee of the employer.

If you have any further questions please do not hesitate to ask. If you wish a call we can arrange that as well.

I hope this makes sense and is of assistance. If you have found my answer to be helpful, please rate me five stars so I can get paid for my services to you. I am happy for you to ask further questions on anything you wish more detail on.

Regards

Leon

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The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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