Work Injury Compensation Act 2019 · 2020 Revised Edition · Part 3A · Application of Parts 2 and 3 to Platform Operators and Platform Workers
34E. Platform operator’s liability — platform worker performing tasks for multiple platform operators at time of accident
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Subsection (2) applies where personal injury is caused to a platform worker by an accident arising out of and in the course of the platform worker providing any one or more platform services for 2 or more platform operators concurrently.
personal injury
“injury” or “personal injury” includes an occupational disease or a disease mentioned in section 10(1)(c);
In the circumstances mentioned in subsection (1), the platform operator or platform operators liable to pay compensation under this Act are determined as follows:
all of the platform operators for whom the platform worker, at the time of the accident, was at work stage 2 of any of the platform services that the platform worker was providing at that time;
where, at the time of the accident, the platform worker was not at work stage 2 of any platform service for any platform operator — all of the platform operators for whom the platform worker was at work stage 1 of any of the platform services that the platform worker was providing at that time.
Where 2 or more platform operators are liable to pay compensation pursuant to subsection (2), the proportion of liability of each platform operator is determined by the proportion which the platform worker’s earnings with that platform operator during the lookback period bears to the aggregate of the platform worker’s earnings during the lookback period with all platform operators who are liable to pay compensation pursuant to that subsection.
earnings
“earnings” means all remuneration payable to an employee in respect of work done under the employee’s contract of service, and includes —(a)privileges or benefits capable of being estimated in money and productivity incentive payments;(b)the value of any food or quarters supplied to the employee by the employer, if as a result of the accident the employee is deprived of such food or quarters; and(c)overtime payments or other special remuneration for work done, whether by way of bonus, allowance or otherwise, if of constant character or for work habitually performed, but does not include the following amounts:(d)travelling allowances;(e)payments for any travelling concessions;(f)contributions paid by the employer towards any pension or provident fund for the employee;(g)payments to the employee to cover any special expenses incurred by the employee by reason of the nature of the employee’s employment;