Work Injury Compensation Act 2019 · 2020 Revised Edition · Part 3A · Application of Parts 2 and 3 to Platform Operators and Platform Workers
34D. Platform operator’s liability to compensate for work injury
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Subject to subsection (2) and section 34E, where personal injury is caused to a platform worker by an accident arising out of and in the course of the platform worker’s provision of a platform service for a platform operator, that platform operator is liable to pay compensation under this Act.
personal injury
“injury” or “personal injury” includes an occupational disease or a disease mentioned in section 10(1)(c);
A platform operator is not liable to pay compensation in respect of any of the following:
any injury to a platform worker resulting from an accident if —
it is proven that the injury to the platform worker is directly attributable to the platform worker being, at the time of the accident, under the influence of alcohol or a drug;
it is proven that the platform worker, at the time of the accident, contravened or did not comply with any written law specified in Part 1 of the Sixth Schedule in relation to the platform worker’s use of any vehicle in the course of providing a platform service for the platform operator; or
all of the following are proven:
the platform worker used any vehicle in the course of providing a platform service for the platform operator;
the platform worker, at the time of the accident, contravened or did not comply with any written law specified in Part 2 of the Sixth Schedule in relation to the vehicle mentioned in sub-paragraph (A);
the contravention or non-compliance mentioned in sub-paragraph (B) caused or contributed to the accident;
deliberate self-injury or the deliberate aggravation of an accidental injury by a platform worker;
any injury to a platform worker suffered in a fight or an assault on one or more persons unless —
the platform worker did not assault any other person in the fight or, if the platform worker did assault any person, it was done in the exercise of the right of private defence in accordance with sections 97 to 106A of the Penal Code 1871; or
the platform worker was, at the time when the injury was suffered —
breaking up or preventing the fight or assault; or
in the course of safeguarding life or any property of any person or maintaining law and order,under any instruction or with the consent (express or implied) of the platform operator.
In subsection (2)(a)(i), “drug” has the meaning given by section 7(3)(a) or (b)(i).
For the purposes of this Act, an accident arising in the course of a platform worker’s provision of a platform service under a platform work agreement with a platform operator is deemed, in the absence of evidence to the contrary, to have arisen out of the platform worker’s provision of the platform service for the platform operator.