Workers Compensation is not addressed by the ATA’s insurance scheme because it is different in each state; with further anomalies due to variations in the treatment of track riders, apprentice jockeys, jockeys, contractors, sub-contractors, and casual employees.
Remember, voluntary workers are not employees.
Many trainers are self-employed and do not employ staff. However in some states, trainers may be “deemed” employees. It is one of the most complex areas of insurance for trainers for many reasons, including:
- The “deeming provision” that applies in some states to certain classes of persons in the industry, i.e. what constitutes an employee?
- Certain persons in the industry may have dual legal status, i.e. deemed employees under Workers Compensation Legislation, but not employees at Common Law.
- Lack of any clear, definitive, guidance material.
- Movement of trainers and employees between different states and therefore different applicable Law.
- Conflicting definitions of the status of persons often applies under the Fair Work Act, Tax Act, Workers Compensation Act, and at Common Law.
- Different requirements of the regulatory authorities in each State.
- Members with specific concerns should call the ATA.