Under WorkCover, whether you or someone else is at fault for the cause of your injury doesn’t matter. You will still be paid workers’ compensation. Liability (or fault) is only a concern if you are wanting to proceed with a common law claim.
Receiving WorkCover benefits is a no fault scheme, and you should keep this in mind if you are concerned about how making a claim, or reporting your injury, will impact the relationship with your employer.
Are employers required to hold WorkCover insurance?
Employers are required to hold insurance for all of their employees, and if you are injured in the course of your employment and you are not sure whether or not your employer has insurance, you should contact WorkCover.
Your employer may need to pay a small premium to their insurer to begin with, but all payments that you receive including weekly benefits, medical expenses and rehabilitation expenses will be paid by WorkCover.
If you can prove that your employer is liable for your injury and that you were not at fault for the injury occurring, you may be able to proceed with a common law claim. This is a complex process but again, you should keep in mind that a common law claim (some people call this ‘suing your employer’) still proceeds against the insurer, not your employer.
What should I do if I get hurt whilst at work?
Comprehensive reporting of the incident that occurred and the injury you sustained is extremely important, and you should report the incident and injury to your employer and WorkCover as soon as practically possible.
Remember, there are critical dates and time frames that apply to personal injury claims and you should seek advice immediately if you have any questions.