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Tasmania guide to WorkSafe
WorkSafe Tasmania is the Tasmanian authority that administers the Workers Rehabilitation and Compensation Act 1988 and the Work Health and Safety Act 2012 (Tas).
WorkSafe manages the Tasmanian workers’ compensation scheme and provides workers’ compensation insurance.
Workers’ compensation insurance
WorkCover insurance provides you with insurance cover in the event a worker sustains an injury or illness because of their work.
In accordance with WorkSafe law, an employer must either:
- take out a workers compensation insurance policy with a licensed insurer; or
- place an application to the WorkCover Tasmania Board to obtain a permit to self-insure against claims made by your workers.
Entitlement to workers’ compensation
A worker may be entitled to compensation if they suffer an injury or disease that is work-related.
A worker must be an employee to be entitled to workers’ compensation under the Act. A worker is someone who by written or verbal agreement works under a contract of service. If you are a working director of a company, you may also be entitled to workers compensation.
Who is a worker?
Under the Act, employees are workers. Any person who has entered a contract or works under a contract with an employer may be considered a worker. The contract between a worker may be expressed or implied, oral or in writing.
Contractors may also be workers for the purpose of workers’ compensation. It is important to ask your contractor whether they have taken personal accident insurance and to provide evidence of the insurance. If a contractor has their own personal accident insurance, the contractor may not be a worker for the period during which that insurance remains valid.
A volunteer may be a 'deemed' worker under the Act.
Who is an employer?
Under WorkSafe, you are an employer if you employ workers – whether they are employed full time, part time or casually. This includes apprentices.
Consequences for failing to comply
Failure to register for WorkCover insurance is an offence under the Act. If you are found guilty of such an offence you may receive a significant fine.
Changes to your business
You should notify WorkSafe every time you change your business - whether that be employing new workers or apprentices, changing your business structure or altering the type of work you do.
Employer given notice of injury to advise worker of right to claim
Within 14 days of becoming informed by a worker of a work-related injury, an employer must serve the worker a notice in writing of the worker's right to claim for compensation unless the worker has already provided you with a claim for compensation.
To find out more, contact HIA's Contracts and Compliance team
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