In forceAmended2020 Revised Edition

Contents

Work Injury Compensation Act 2019 · 2020 Revised Edition · Part 4 · Compensation Process

35B. Application of Part 4 to platform operators and platform workers

Amended

Last amended by an amending law of 2024.

Part 4 of this Act applies to platform operators and platform workers as it does to employers and employees, with the modification that sections 37, 38, 40, 41, 42, 43, 48, 49, 51 to 63 and 64 (except section 64(1)(b)(ii)) apply in relation to a platform operator or platform worker as if any reference mentioned in the first column of the following table is to the corresponding reference mentioned in the second column of the table:First columnReference Second columnCorresponding reference(a)an employee a platform worker(b)an employer a platform operator(c)an employee’s employment with an employer a platform worker’s provision of a platform service for a platform operator under a platform work agreement(d)a contract of service a platform work agreement(e)an accident that arises, or is deemed to arise, out of or in the course of an employee’s employment an accident that arises, or is deemed to arise, out of or in the course of a platform worker providing a platform service for a platform operator under a platform work agreement(f)a work injury to an employee a work injury to a platform worker(g)the earnings of an employee the earnings of a platform worker(h)an employee’s average monthly earnings or AME a platform worker’s average daily earnings or ADE(i)an employer’s insurer a platform operator’s insurer(j)an employer’s insurance policy a platform operator’s insurance policy(k)an employer’s liability a platform operator’s liability(l)an employee’s claim a platform worker’s claim(m)First Schedule Fifth Schedule.

Terms defined in this Act

AME
Defined · s 2
“average monthly earnings” or “AME” means an amount computed in accordance with paragraph 6 of the First Schedule;
Open s 2
average monthly earnings
Defined · s 2
“average monthly earnings” or “AME” means an amount computed in accordance with paragraph 6 of the First Schedule;
Open s 2
claim
Defined · s 2
“claim” means a claim for compensation under this Act and includes a deemed claim under section 35;
Open s 2
contract of service
Defined · s 2
“contract of service” has the meaning given by the Employment Act 1968;
Open s 2
earnings
Defined · s 2
“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;
Open s 2
employee
Defined · s 3
“employee” means an individual who has entered into or works under a contract of service with an employer and —(a)includes every employee of the Government in a class or description declared by the President to be employees for the purposes of this Act; but(b)does not include any class of individuals specified in the Third Schedule;
Open s 3
employer
Defined · s 3
“employer” means any person (A) who employs an individual (B) under a contract of service and includes —(a)the Government, if B belongs to a class or description of employees of the Government declared to be employees for the purposes of this Act under paragraph (a) of the definition of “employee”;(b)the legal personal representative of A, if A is deceased;(c)a duly authorised agent or manager of A;(d)the person who owns or is carrying on, or for the time being is responsible for the management of, the profession, business, trade or work in which B is engaged; and(e)where B is employed for the purpose of any game or recreation and engaged or paid through a club, the manager or members of the managing committee of that club.
Open s 3
work injury
Defined · s 2
“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;
Open s 2