The definition of ‘worker’ under workers compensation laws is different to the common law ‘control test’ and may apply to contractors in the farming industry. If the following two criteria are met the contractor will be classed as a ‘worker’:
- the work is for the contract principal’s (the farmer’s) trade or business; and
- the payment is mainly for personal manual labour or services.
What about the contractor’s employees in Western Australia?
Both the contract principal (the farmer) and the contractor are considered to be the employer of any workers the contractor may employ and an injured worker can claim against either or both. Therefore, farmers employing contractors should take out workers compensation for all employees of any contractors engaged on the farm.
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