What is WorkCover?
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WorkCover is a statewide workers compensation insurance scheme that ensures employees are financially supported if they are injured or become ill because of their work.
It is compulsory for Victorian employers to provide it to full-time, part-time, and casual employees. Many self-employed contractors, owner-drivers, and out-workers working from home may also be covered.
The WorkCover system covers most employees in Victoria however if you are employed by the Commonwealth Government, a Commonwealth Government Business Enterprise, or a self-insured licensee under the Safety, Rehabilitation and Compensation Act 1988 (SRC Act) you may be covered by the system called “ComCare”. You will need to check with your Union for further advice.
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WorkCover is eligible for employees who have suffered an injury or fallen ill at work, on lunch or other breaks, at work functions, attending training for work, or on any other activity connected with work. It may cover your loss of income, medical and rehabilitation costs, legal costs, and even compensation if you experience a serious injury.
Compensation can also be paid for some heart conditions, lung conditions, cancers, nervous conditions, stress, anxiety, occupational overuse injuries (previously known as "repetitive strain injuries") or dermatitis, but there must be adequate evidence that work was a significant contributing factor.
In Victoria, journey insurance is no longer covered by the Workers Compensation system. This means you are no longer covered by Workers Compensation when travelling to and from work. However, you may be entitled to compensation from the Transport Accident Commission if a vehicle was involved. For further information on this, call your Union.
If the injury occurred whilst walking to or from work, or riding a bicycle to or from work, then contact the Union for advice as to other potential remedies.
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Last Modified: 01/07/2021
The information on this website produced and distributed by the IWSN is of a general nature. We do our best to ensure the information is accurate and up to date, but cannot take any responsibility for any loss arising out of its use. You should not rely on it applying in your own circumstances and should always take further advice from those with appropriate qualifications.
The information on this website produced and distributed by the IWSN is of a general nature. We do our best to ensure the information is accurate and up to date, but cannot take any responsibility for any loss arising out of its use. You should not rely on it applying in your own circumstances and should always take further advice from those with appropriate qualifications.
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Your Rights
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Injured workers still have rights!
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Being injured at work does not mean you do not have rights. As an injured worker, you have specific rights within the Workplace Injury Rehabilitation and Compensation Act 2013 and importantly, you have rights as a human being.
Click on the top tabs below to open further information.
Click on the top tabs below to open further information.
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- You have the right to:New Comment
- You have the right to refuse:New Comment
- Employer dutiesNew Comment
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- Visit your own doctor for treatment. The first visit is the most important one in deciding your claim. Do not be pressured into going to a doctor suggested by the employer for treatment.
- Time off to recover from your injury as long as it follows the WorkCover certificate provided by your doctor.
- Payment of reasonable medical and like expenses eg: doctor, physio, X-rays, etc
- Have your Union delegate or HSR present when you talk to your employer about your injury and return to safe and meaningful work in accordance with your doctor's recommendations.
- Rehabilitation services and retraining that will help you get back to a safe job.
- In most cases: a copy of any report related to your WorkCover claim so you can check that the information about you is accurate.
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You have the right to refuse:
- To see the company doctor for treatment as only your treating doctor (ie your own doctor) can treat you. However, you may be required to go to see the independent medical examiner by the insurer managing your claim.
- To be escorted to the doctor by your employer or to have the employer or the employer's representative attend the visit with your doctor.
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Employer duties
When a worker has an incapacity for work, the employer has obligations under the law to help them return to work. These obligations are to:
Nominate and appoint a Return to Work Coordinator who has an appropriate level of seniority and is competent to assist the employer meet their return to work obligations.
Make information about return to work available to all workers.
If a host employer, cooperates with the labour hire employer's efforts to meet their return to work obligations and facilitate the worker's return to work.
When a worker has an incapacity for work, the employer has obligations under the law to help them return to work. These obligations are to:
- Plan for the worker's return to work:
- Obtain relevant information about the worker's capacity for work
- Consider reasonable workplace support,aids or modifications to assist in the worker's return to work
- Assess and propose options for suitable or pre-injury employment to the worker
- Provide the worker with clear, accurate and current details of their return to work arrangements, and
- Monitor the worker's progress
Consult directly with the worker about their return to work, with their treating health practitioner (subject to the consent of the worker) and occupational rehabilitation provider (if involved).
For a period of 52 weeks, provide the injured worker with suitable employment if they have a capacity for work and/or pre-injury or equivalent when they have returned to full capacity. Many employers allow employees more time to reintegrate into the workplace.
Nominate and appoint a Return to Work Coordinator who has an appropriate level of seniority and is competent to assist the employer meet their return to work obligations.
Make information about return to work available to all workers.
If a host employer, cooperates with the labour hire employer's efforts to meet their return to work obligations and facilitate the worker's return to work.
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An employer's return to work obligations start even before the claim has been accepted by their WorkSafe Agent (the Agent) – they commence when they receives the injured worker's WorkSafe Certificate of Capacity or claim for weekly payments, or from the date the employer is advised by their Agent that they have received these documents, whichever is earlier.
If you experience any problems, contact your delegate, your HSR or your union immediately.
If you experience any problems, contact your delegate, your HSR or your union immediately.
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A Code of Injured Workers' Rights
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In May 2022, an independent review into the agent model of the Victorian workers' compensation system and the administration of complex WorkCover claims was released. The report was titled 'Improving the experience of injured workers', or known colloquially as 'The Rozen Review'.
This review provided a series of recommendations including recommendation 14: A Code of Injured Workers' Rights. This recommendation suggests WorkSafe should develop and publish a Code of Injured Workers' Rights to ensure injured workers are treated with dignity and respect through the WorkCover process. Furthermore, it recommends identifying the corresponding responsibilities of WorkSafe, as well as the process by which the rights can be enforced.
On Injured Workers Day 2022 (1 June), members of the Injured Workers Support Network (IWSN) met with Parliamentary Secretary for Workplace Safety, Bronwyn Halfpenny MP, to discuss a Code of Injured Workers rights.
IWSN member, Jennifer Bearham, wrote about the meeting on the Injured Workers Blog which you can access here: Injured Workers Day 2022.
The IWSN will work with the Victorian Government to create a Code for Injured Workers Rights - a huge win for injured workers across Victoria and the world.
To get involved in this, join the Injured Workers Support Network.
More information:
This review provided a series of recommendations including recommendation 14: A Code of Injured Workers' Rights. This recommendation suggests WorkSafe should develop and publish a Code of Injured Workers' Rights to ensure injured workers are treated with dignity and respect through the WorkCover process. Furthermore, it recommends identifying the corresponding responsibilities of WorkSafe, as well as the process by which the rights can be enforced.
On Injured Workers Day 2022 (1 June), members of the Injured Workers Support Network (IWSN) met with Parliamentary Secretary for Workplace Safety, Bronwyn Halfpenny MP, to discuss a Code of Injured Workers rights.
IWSN member, Jennifer Bearham, wrote about the meeting on the Injured Workers Blog which you can access here: Injured Workers Day 2022.
The IWSN will work with the Victorian Government to create a Code for Injured Workers Rights - a huge win for injured workers across Victoria and the world.
To get involved in this, join the Injured Workers Support Network.
More information:
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Last Modified: 01/07/2021
The information on this website produced and distributed by the IWSN is of a general nature. We do our best to ensure the information is accurate and up to date, but cannot take any responsibility for any loss arising out of its use. You should not rely on it applying in your own circumstances and should always take further advice from those with appropriate qualifications.
The information on this website produced and distributed by the IWSN is of a general nature. We do our best to ensure the information is accurate and up to date, but cannot take any responsibility for any loss arising out of its use. You should not rely on it applying in your own circumstances and should always take further advice from those with appropriate qualifications.
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