Director or Worker? The Million Dollar Question
In this complex episode of P.I. Case Note, we examine the Queensland District Court decisions in Miller v WorkCover Queensland [2024] QDC 156 and [2024] QDC 167, which address the intricate question of when company directors qualify as “workers” for compensation purposes. The case involves a detailed analysis of sections 11, 305B-305E, and 316(2)(b) of the Workers’ Compensation and Rehabilitation Act, along with credibility assessments and breach of duty findings.
The court’s comprehensive analysis provides crucial guidance on distinguishing between directors acting in their corporate capacity versus their role as workers. This decision has significant implications for small business owners and directors who perform hands-on work in their companies. The judgment also addresses credibility issues and how courts assess evidence when determining worker status and breach of duty.
Listen for our thorough examination of this landmark director/worker decision. If you’re a director who’s been injured while working in your business, the team at accident legal can help determine your rights and navigate these complex legal distinctions. Contact us for a free consultation.
