In this fast-paced digital era, the rise of the gig economy has transformed the way we work. Gig workers have become an integral part of Western Australia’s workforce. However, the nature of this on-demand work makes it difficult to know your workers’ compensation entitlements.
If you’re a gig worker, it’s important to know this crucial information in the unfortunate event of an injury while working. In this article, we’ve explored the unique challenges gig workers face in navigating the complex landscape of workers’ compensation in Western Australia.
What is a Gig Worker?
Gig workers are a type of independent contractors or freelancers. They are individuals who work on a flexible, project-based basis for multiple clients or platforms. They operate outside the traditional employer-employee relationship and often rely on digital platforms or apps to find and secure work opportunities. Gig work allows for flexibility in choosing hours, work location, and the projects you undertake. Gig workers can be found across various industries. For example:
- Ride-sharing services, e.g. Uber, DiDi & Ola
- Food Delivery services, e.g. UberEats, DoorDash & MenuLog
- Freelance writing and graphic design, e.g. Airtasker & Fiverr
Do Gig Economy Workers Have Access to Workers’ Compensation?
Gig economy workers in Australia face complex eligibility for workers’ compensation. While traditional employees generally have access to workers’ compensation benefits, gig workers may encounter limitations. The determination depends on factors like the nature of work, level of control, and specific legislation. Some gig workers may be covered under the Workers’ Compensation and Injury Management Act, while others may be excluded due to their independent contractor status. The involvement of digital platforms further complicates matters, as their classification of workers varies. Seeking professional advice is essential to understand the eligibility criteria and rights for gig economy workers pursuing workers’ compensation in Australia.
In Western Australia, all employers must have workers’ compensation insurance for their workers. The difficulty for gig workers comes from whether their digital platform is considered an employer. Similarly to other contractor work, whether the platform owner is classified as an employer depends on a range of factors outlined in workers’ compensation law.
Many platforms hire gig workers as independent contractors. Independent contractors don’t meet the definition of a “worker” and are not usually covered by workers’ compensation. However, some platform owners provide other insurance options such as personal injury and income protection. It’s ideal to have a detailed written contract with your platform owner that outlines whether you are considered an employee or a contractor.
Do You Have a Gig Economy Workers’ Compensation Claim?
Navigating gig economy workers’ compensation claims can be a challenging and uncertain journey for gig workers. The unique nature of the gig economy makes it crucial for gig workers to be well-informed about their rights and options. If you have been injured at work, don’t hesitate to reach out to Anvil Legal. Our workers’ compensation lawyers can provide the expertise and support you when navigating the complexities of the legal landscape.
If you find yourself in need of guidance for your workers’ compensation claim, we can offer legal advice and help find what your line of work entitles you to. Take the first step towards securing your compensation and contact Anvil Legal today.
