Workers Compensation - relevant QLD IP?

Hi all

I have just been reviewing insurance needs & am getting stumped for info regarding Workers Comp & QLD landlordship.

Can anyone advise if any form of Workers Compensation Insurance is advisable, required or even available for a QLD IP?

For an IP in WA it is usually an option or inclusion for Landlord's policies but for QLD it does not seem to be available & you are referred to the Workcover website. The Workcover website seems confusing & does not appear to have anything geared toward a landlord in general terms. Under Household it states it excludes landlords & refers to an accident policy. The accident policy seems to be geared to a case where you do indeed have someone "employed" by you on an ongoing basis.

So if you don't have say a Gardener or cleaner coming in weekly or similar do I assume it is just not relevant. If a plumber or sparky slips & breaks a leg a. you are not covered at all b. you are covered under legal liability c. you are ok if the tradie has their own cover?

Cheers for any heads up
 
This is the importance of ensuring that any contractors engaged have their own workers compensation insurance or income protection insurance if unincorporated.

There may be some level of insurance provided by your building insurance, check the pds.
 
Workers Comp has undergone some National realignment of late. One change was domestic workers comp polices. If under $75K of wages is paid in some "aligned"states (QLD ??) eg NSW and Vic then no WC policy is needed (or can be obtained !!) and the worker is covered if they don't have a policy.

However if the workers should have a policy but doesn't then the WC insurer will refuse the claim on the homeowner policy. eg : Working for a company eg as a house cleaner. The EMPLOYER is liable not the land owner. The home insurer say if they try to sue they will defend the action under my home policy since they hold the WC insurance. I don't know what happens if the home insurer is not also the WC insurer ????

I found his out recently when I asked about WC for our new cleaner when I noted he has an ABN issued to a individual. ie uninsured. GIO said I was covered despite not having a policy as a default policy applies under home insurance in NSW under this national rule if my "wages" and payments to a contractor are under $75K. If its over $75K pa then and only then can I obtain a policy. But if I have no insurance I'm not covered and cannot obtain a WC policy !! That's the NSW rule of course and she did say it was a revised national scheme but don't take my word for it.

Discuss with any WC insurer. All charge regulated premiums and policy is a set format and same rules....
 
Thanks for the replies; still none the wiser though :) It's another one of those cases of expecting a quick answer to a seemingly straight forward question & finding yourself in an unexpected swamp. *I don't mean that toward the forum; I mean in a general sense, as in my original research*

I might put a couple of queries direct to - PM & QLD Workcover &/or my building insurer...
 
Yes - read that & it doesn't really make sense; too ambiguous.

"Any workers engaged by a landlord to work in connection with their rental property, would not be covered under a household workers' insurance policy. A landlord is required to take out an accident insurance policy to cover these workers. However, workers who are directly engaged by the tenants of a rental property can be covered under a household workers' insurance policy. "

So then if you look at Accident Insurance Policy - it really appears to be case by case & only geared toward an ongoing employer/employee relationship rather than general coverage ie. IF you take on a worker as an employee on an ongoing basis; cleaner/gardener "maybe" vs plumber or sparky one off.
 
Correct. If you engage a contractor, just make sure that they are a Pty Ltd and have their own workers comp and public liability insurances. Don't engage a sole trader unless they have their accident insurance.

The difference between the tenant engaging the contractor is that it is in their home so they can get the householder's workers comp policy whereas if you engaged them to do the same work at the same IP it becomes a workplace so you have to take out WC not HWC providing that the contractor is otherwise uninsured.

Moral of the story, don't engage uninsured contractors or sole traders, it won't save you $$
 
...Do you really need WC insurance as a residential investor?

I've never heard of anything even remotely that was an issue along those lines.
 
Correct. If you engage a contractor, just make sure that they are a Pty Ltd and have their own workers comp and public liability insurances. Don't engage a sole trader unless they have their accident insurance.

The difference between the tenant engaging the contractor is that it is in their home so they can get the householder's workers comp policy whereas if you engaged them to do the same work at the same IP it becomes a workplace so you have to take out WC not HWC providing that the contractor is otherwise uninsured.

Moral of the story, don't engage uninsured contractors or sole traders, it won't save you $$

So if someone hands you an invoice from a company you are OK ?? What happens if they are a contractor to that company ?? This happens all the time. Think Foxtel. You ring and arrange an install. The guy rocks up. He is a contractor to Foxtel,,,,99.99% chance he operates a sole trader or partnership enterprise. He carries Foxtel paperwork and issues their invoices. He gets paid $35 hour by BSA Limited...The SOLE contractor. His company gets paid $35 a hour, Aftre GST its $31.50... And aftre he drove a hour.....He cant afford insurance. He doesnt have any. He didnt renew. Damn they dont issue WC to sole traders or partners. He slips on your roof.

He argues your home is unsafe. Foxtel dont care. BSA dont care.

You do have home insurance ?? It includes workers comp. Let your insurer worry and their lawyers will make it clear you wont settle. Zero liability

"he" cant be a company. Who cares if he wears a foxtel shirt or not ?
 
So if someone hands you an invoice from a company you are OK ?? What happens if they are a contractor to that company ??

You have engaged Foxtel to do the work. You have checked Foxtel's bonafides. End of story.

This happens all the time. Think Foxtel. You ring and arrange an install. The guy rocks up. He is a contractor to Foxtel,,,,99.99% chance he operates a sole trader or partnership enterprise. He carries Foxtel paperwork and issues their invoices. He gets paid $35 hour by BSA Limited...The SOLE contractor. His company gets paid $35 a hour, Aftre GST its $31.50... And aftre he drove a hour.....He cant afford insurance. He doesnt have any. He didnt renew. Damn they dont issue WC to sole traders or partners. He slips on your roof.

He argues your home is unsafe. Foxtel dont care. BSA dont care.

Regardless of it's your ppor or an IP, then it is Foxtel's responsibility to ensure that its workers have a safe workplace by preparing a site specific SWMS for the activity.

The employer ie Foxtel cannot assign its responsibilities for WHS to another party. The WHS Act 2011 changes widened the definition of who was covered. (BSA have provided me with SWMS, wc and PL insurances, industry white cards etc without fail).

Who cares how much the contractors get paid - that is subject to the EBA or award or other contractual arrangements between Foxtel, BSA and the employee/worker.

How can you be sure that it's not a sham contracting arrangement where the contractor is a deemed worker?

You do have home insurance ?? It includes workers comp. Let your insurer worry and their lawyers will make it clear you wont settle. Zero liability

"he" cant be a company. Who cares if he wears a foxtel shirt or not ?

The OP was seeking direction on whether a domestic workers compensation policy is required however if were an IP that option is not available and a WC policy would be required where they were engaging the person directly but it is always necessary to seek tailored advice for their situation.

I would also add that there is no employer/employee relationship if you engage a one off contractor. They're engaged to undertake a task not to continue with other duties. This would fail the control test etc. ie the work is completed as directed by Foxtel.
 
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