Work Injury Compensation Act 2019 · 2020 Revised Edition · Part 3A · Application of Parts 2 and 3 to Platform Operators and Platform Workers
34G. Platform operator’s liability to compensate for diseases
Feedback & supportLast amended by an amending law of 2024.
Subject to subsections (2), (3), (4) and (5) and section 34H, where the incapacity or death of a platform worker (A) results from a disease contracted in any of the following circumstances, compensation is payable as if the disease were a work injury and this Act applies accordingly:
work injury
“work injury”, in relation to an individual, means personal injury that is caused to the individual by an accident arising out of and in the course of the individual’s employment;
A, while working in any specified occupation in the course of providing a platform service for a platform operator, contracts an occupational disease specified for that occupation;
A, after ceasing to work in a specified occupation in the course of providing a platform service for a platform operator, contracts an occupational disease specified for that occupation within the limitation period for that disease;
A contracts, on or after the date of commencement of paragraph 17 of the Ninth Schedule to the Platform Workers Act 2024, a disease that —
is not specified in the first column of the Second Schedule; and
is directly attributable to an exposure to a chemical or biological agent and the exposure arises out of and in the course of the platform worker’s provision of a platform service for a platform operator.
When a platform worker enters into a platform work agreement with a platform operator under which the platform worker works or will work in any specified occupation in the course of providing a platform service for the platform operator, the platform worker must, if requested to do so by the platform operator, submit to examination by a health professional paid for by the platform operator.
health professional
“health professional” means —(a)a registered medical practitioner under the Medical Registration Act 1997 and includes any person exempted from registration under that Act; or(b)a registered dentist under the Dental Registration Act 1999,and, in relation to compensation for medical treatment mentioned in section 16(1)(b), includes any medical practitioner or dentist registered to practise under the laws of the jurisdiction where the medical treatment is received;
No compensation is payable by a platform operator under this section in respect of the incapacity or death of a platform worker resulting from —
an occupational disease specified in the first column of the Second Schedule for an occupation if —
the platform worker contracts the occupational disease on or after the date of commencement of paragraph 17 of the Ninth Schedule to the Platform Workers Act 2024; and
the platform worker’s incapacity commences or death happens after the end of the limitation period for that occupational disease; or
a disease mentioned in subsection (1)(c), if the platform worker’s incapacity commences or death happens more than one year after the platform worker ceases to be exposed to the chemical or biological agent mentioned in that subsection.
Subsection (3) does not apply to the death of a platform worker where the death is preceded, whether immediately or not, by any period of incapacity in respect of which compensation is payable under subsection (1).
In this section, the limitation period for an occupational disease specified for an occupation is the period specified in the third column of the Second Schedule for that disease, starting on the day after the platform worker ceased to work in that occupation in the course of providing a platform service for a platform operator.
occupational disease
“occupational disease” means any condition specified in the first column of the Second Schedule;
In this section, “specified occupation” means an occupation specified in the second column of the Second Schedule.