Tell me about WorkCover - Which workers are covered? < Back

What is WorkCover?
WorkCover covers most workers injured in Victoria or Victorian employed workers injured overseas or interstate in the course of their work. It covers all work activities including lunch breaks. Apart from some rare exceptions, coverage is given irrespective of who caused the injury.

Who is covered by WorkCover
Most employees working in Victoria (or outside Victoria, but who are based in Victoria), are covered by WorkCover. This applies to:
  • A casual or permanent employee

  • A full time or part time worker

  • An "outworker" (working at home on piece rates)

  • Some "self employed" workers

  • Deemed workers (these includes jurors, work experience students and some volunteers)
If you are injured whilst working in another State or Territory you may have other entitlements which can be affected by decisions made early in your claim. Contact WORKFORCE LEGAL as soon as possible for advice about where to lodge your claim.

If you are employed by the Commonwealth Government or one of its agencies such as Telstra, you will be covered by ComCare which is a different scheme. If you are unsure which scheme you are covered by, contact WORKFORCE LEGAL.

Some multi-state employers have now been allowed to become self insurers under the ComCare Scheme. These include some banks and transport companies. These are listed on the ComCare website, click here.
Which "Self Employed" Workers are covered?
Even though you consider yourself as 'self-employed', you may be covered under WorkCover in some circumstances. Sometimes workers describe themselves as self-employed or as contractors but they are still covered if most of their work is for the one organization or if they are controlled in a similar way to an employee. Many owner-drivers, for example, are covered even though they provide their own truck and work on cartage rates. You are also covered if you run your own business as a company and can show that you were actually employed by your company.

What does WorkCover provide?
Under WorkCover, the following is payable:
  • Medical treatment and rehabilitation costs

  • Weekly payments of compensation

  • Lump sum impairment payments

  • Common law damages for breach of a duty of care

  • Lump sums and pensions to dependants and spouses of deceased workers
Are there time limits under WorkCover?
There are complex time limits for both lodging Victorian WorkCover claims and commencing legal actions that apply to work injuries.

WorkCover time limits

The time limits for lodging claims are as follows:
  • Weekly payment claims must be lodged as soon as practicable after the injury becomes apparent.

  • Claims for death benefits must be lodged within 2 years of the death

  • Impairment claims should be lodged as soon as the impairment is permanent but, usually, only after 12 months from the date of injury.
The time limits for lodging claims are usually extended if there is a reasonable reason such as not being aware of your rights.

Common law time limits
Time limits for commencing court actions for negligence are subject to very complicated rules and therefore you should obtain advice about your particular situation immediately.

For most work injuries which occur in Victoria (other than those under ComCare) there is a time limit of 6 years from the date of injury. This six year period can be marginally extended by the processing period of a claim for a permanent impairment lodged within the six year period. The processing period runs from the date of lodgement of a claim for impairment assessment until 30 days after the impairment is finally determined.

Where injuries occurred prior to 1997 and the true extent of incapacity was not known until after 1997, the limit can be 3 years from becoming aware of the extent of incapacity. There is also ability for a court to extend time limits in exceptional circumstances particularly in relation to latent conditions or diseases. (Click here for a Fact Sheet)

Injuries covered by ComCare, non-work related injuries or injuries which occur interstate, can be subject to much shorter time limits.

The complexity of the law relating to time limits makes it critical that you obtain advice about your situation immediately. Phone WORKFORCE LEGAL on 1800 134 204 for an obligation free discussion about your case.

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