Deemed worker < Back

Some persons are injured in circumstances that, strictly speaking, are not work activities. Special provisions in the WorkCover legislation or other legislation can either 'deem' persons as workers under the WorkCover legislation or, alternatively, can provide benefits similar to WorkCover benefits.

If a person is 'deemed' to be a worker they have exactly the same entitlements as a person injured at work. They can also make use of the WorkCover dispute resolution systems such as conciliation.

Other persons are only given benefits similar to WorkCover benefits. These persons are not in exactly the same position as a person injured at work and cannot utilise the dispute resolution processes of WorkCover.

People who are covered in these circumstances include the following:
  • Emergency workers injured during emergency activity.

  • Jurors or persons injured whilst attending the jury service, travelling for jury service or during a break whilst attending for jury service.

  • Volunteers assisting with 'school work'.

  • A person assisting police with an arrest, preserving the peace or other duties.

  • An offender who is undertaking work as part of a correctional program of activity, a volunteer working in a prison or a person participating in a diversion programme.

  • Members of the Victorian State emergency services participating in activities or training or travelling for activities.

  • A casual firefighter who is injured during or because of emergency activity.

If you are suffering from a cancer which you believe maybe work-related contact Workforce Legal on 1800 134 204 for an obligation free consultation at no cost to discuss the prospects of pursuing a claim.



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