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Home | Blog | What is a worker?

The case of Gajkowski v Camden Show Society and Australian Bushmens Campdraft and Rodeo Association Limited WCNN 2017 recently determined by Arbitrator Bell highlighted how workers compensation often can and will compensate an injured worker outside the scope of what is considered “traditional” employment.

Catastrophic injuries suffered at work

In this matter, the injured worker a 22 year old bull-rider suffered catastrophic brain injuries after a fall during a rodeo in Camden. As a result of his injuries, he is now unfortunately wheelchair bound, requires significant ongoing medical treatment and it is unforeseen if he will be able to return to employment.

Insurance coverage

The insurance cover provided to bull-riders was significantly inadequate to compensate the injured rider. The injured worker therefore pursued his Workers Compensation entitlements on the grounds of Schedule 1, Clause 15 of the Workplace Injury Management and Workers Compensation Act 1998 which holds that workers compensation extends to those who work:

(c) as an entertainer in any public performance in a place of public entertainment to which the public is admitted on payment of a fee or charge,

Workers Compensation Commission

The Workers Compensation Commission determined that the injured bull rider case had the opportunity to win substantial prize money and that this constituted a fee or reward.  It was undisputed that the injured worker was considered an entertainer engaged in a public performance. Therefore the bull rider was deemed a worker and considered entitled to workers compensation.

As a result of the injured bull rider being considered an injured worker pursuant to the 1998 Act, he is entitled to lifetime weekly compensation, medical expenses and a substantial lump compensation award for his pain and suffering.

It is important as an injured worker that you seek legal assistance as soon as possible if you are injured in any type of work for which you are receive paid wages or some type of remuneration.

How we can help

At Turner Freeman Lawyers, we specialise in Worker’s Compensation Insurance. If you or someone you know has been adversely impacted been injured and you unsure of their entitlements. We encourage you to call 13 43 63 to speak with one of our accredited Personal Injury solicitors today. Our NSW offices are in Sydney, Parramatta, Campbelltown, Newcastle, Penrith, and Wollongong.

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