Injured bull rider wins workers compensation claim
Worker's Compensation
29 April 2026
3min read
Key Takeaways
Performers and entertainers injured during paid work qualify for workers compensation coverage despite apparent independent contractor status. Schedule 1, Clause 15 extends protection to entertainment workers under specific conditions.
• An 18-year-old bull rider with 9 years of experience was deemed a worker
• Schedule 1, Clause 15 covers performers injured during engagement for fee or award
• Both event organizers were found jointly liable for compensation payments
• Weekly compensation and medical expenses were awarded for the brain injury
A recent Workers Compensation Commission decision ruled in favour of an injured bull rider being considered a worker.
In a recent Workers Compensation Commission decision, Mitchell Gajkowski, a rodeo bull rider who was severely injured while performing was deemed to be a worker in accordance with the Workers Compensation Act.
Being a legitimate worker, Mr Gajkowski was awarded weekly payments for loss of income from the date of injury and ongoing medical treatment expenses.
At the time of his injury, Mr Gajkowski was 18 years old and a senior bull rider who had more than nine years bull riding experience to his name.
What happened in the case?
Mr Gajkowski had planned to move to America to pursue a career as a professional bull rider. However, on April 4, 2014, he fell from his bull while competing at a rodeo at the Camden Show. Because of the fall, Mr Gajkowski suffered a severe brain injury which significantly reduced his quality of life and diminished the quality of life for his family.
The respondents, The Camden Show Society Inc and the Australian Bushman’s Camp draft & Rodeo Association, denied that Mr Gajkowski was a worker at the time of his injury, and therefore not entitled to claim compensation under the Workers Compensation Act.
The issues facing the Commission was whether Mr Gajkowski was considered a worker in accordance with Schedule 1, Clause 15 of the Workers Compensation Act, and if so, who was liable for the claim, and thus liable to pay compensation.
The Workers Compensation Commission found that Mr Gajkowski was deemed a worker pursuant to Schedule 1, Clause 15 of the Act as he was engaged in bull riding for a fee or award. He was performing as an entertainer, and his injury occurred during and was directly related to his engagement in the performance; therefore, entitling him to weekly payments of compensation as well as medical treatment expenses.
On the issue of liability, the Registrar found that both the respondents were responsible of conducting the rodeo event. Therefore, the respondents were found liable to pay equal compensation to Mr Gajkowski for his injury which occurred during his employment.
For more information about this case, or if you want to make a claim for workers compensation, please get in touch with the experienced Garling & Co team today.
Disclaimer
The information contained on this article is of a general nature only and is not intended to be legal advice. The law may have changed since the information was published. There is no intention to create a lawyer-client relationship and you should always seek legal advice about your own personal circumstances.
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