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When contractors are workers

If you are using contractors, it's your responsibility to find out if they're considered workers by WorkSafe.

This may affect your total remuneration – one of the factors that influences your premium. You may be liable if the contractor is injured while performing work for you.

Contractors can operate as sole proprietors, partnerships, companies or through family trusts.

They can also refer to themselves as:

  • consultants
  • agents
  • outworkers.

Each time you hire a contractor you need to determine if they're considered a 'worker' by WorkSafe. If so, you become their employer for WorkCover insurance purposes and you must include the money you pay them in your total remuneration.

Contractual relationships before July 2011

Before 1 July 2011 the tests to determine if a contractor is a worker were different. If you have a contractual arrangement with a contractor that existed before July 2011 you can refer to the contractor guidelines publication.