Workers Compensation for Subcontractor on Day Off

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Workers Compensation for Subcontractor on Day Off

03/08/2012

A recent case has seen a NSW truck driver deemed a worker and awarded compensation for injury sustained on his day off.

As a subcontractor he was required to maintain his truck in serviceable condition in order to be eligible to perform jobs as a driver. Although he was not engaged in a work task that day as delivery jobs comprise individual contracts, the arbitrator found that taking the truck in for maintenance was “reasonably required, expected, or authorised ... in order to perform his duties”.

As the nature of his work provides a strong link towards the jobs he performs and the task of maintaining his truck in a roadworthy condition between jobs, the arbitrator was satisfied that the nature of his employment “was a substantial contributing factor to his injury”.

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