Can you work while on WorkCover?

Working while on workcover

Working while you’re on WorkCover is something that many people seem to wonder about.

The answer, however is: yes, just because you’re on WorkCover that does not mean you can’t work.

However, you need to ensure you’re following the work restrictions on your certificate of capacity.

So if your certificate says you’re unfit for any employment, then you should not be working.

Likewise, if you are fit for modified duties with certain restrictions, then you should ensure to abide by those restrictions.

If no suitable duties are available with the employer, then you should not be working.

If your certificate says that you’re fit for full, unrestricted duties, then yes you can work.

What does your certificate say?

See below for the section on your certificate that comments on restrictions:

Work restrictions on certificate

Any work you do should comply with the restrictions on this part of your certificate.

See below for the certification section of your certificate.

Your certificate will either say you have a capacity for dull unrestricted duties, modified duties or no duties at all.

And it will also specify a date period during which this certification applies.

Certification of work capacity indicating whether you can work

If you’re certified for modified duties and you believe your certificate should include more or different restrictions than it does, then you should speak to the person that issued your certificate.

If you have a work capacity for modified/suitable employment, then your employer and the insurer will use the information on your certificate to determine suitable work options.

They’ll be required to consider what you can and cannot do safely, as well as any limitations you may be subject to.

It’s therefore very important that the person certifying you understands what your job actually involves so they can provide you with a certificate that properly takes into account your work duties.

You must declare whether you’ve been working on your certificate

There is section on your certificate where you must indicate whether you’ve been engaging in work, either paid or unpaid.

See below:

Indicate whether you've been working

Pay particular attention to the wording.

It is asking whether you’ve done any work, including voluntary work, for which you’ve received or been entitled to receive payment in money OR otherwise.

So if you’ve done voluntary work, you need to indicate this on the certificate.

If you’ve done work that you’ve been paid for, you need to indicate this on the certificate.

If you’ve done work that you’ve received payment – but not necessarily in the form of money – you should indicate this on the certificate.

If you’re not sure whether work you’ve done needs to be declared, you should get advice.

If a person has been misleading – for example, not declaring on the WorkCover certificate that they’ve been working and collecting WorkCover payments, then that person may be subject to significant penalties.

Can you work another job while on WorkCover?

If you were working a second job prior to the injury, then there is nothing wrong with continuing to work that second job, provided that you are medically fit to do so.

Again, just because you have an active WorkCover claim does not mean you need to cease all work.

Just because you have an active WorkCover claim doesn't mean you need to cease all work

Keep in mind however, that depending upon your earnings in this second job, it could have an impact on the payment of weekly payments under your WorkCover claim.

If you have a second job and you’re not sure about how it might impact you, then I’d suggest getting legal advice tailored to your specific situation.

Can I apply for another job while on WorkCover?

Yes, you can apply for another job while on WorkCover.

You do not need to tell your employer or the WorkCover insurer.

If it’s something you’re worried about, this page addresses answers the question does a WorkCover claim affect future employment.

Conclusion

Yes, you can work if you’ve got an active WorkCover claim.

A WorkCover claim does not mean you need to stop working completely until the claim is finished.

However, you should only be working if you’re medically certified to be able to do so. And if you are, you should abide by any restrictions that might be listed on your certificate of capacity.

If you had a second job at the time you suffered the injury, then you are able to continue working in that second job.

Please keep in mind that the information contained on this page should not be considered legal advice and no content on this site should replace the need to obtain advice tailored to the specific facts of your case. The facts of a case can significantly alter the advice that can provided. This site only provides general advice. Read more here.

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To contact Michael or Peter call 1800 746 442 or email [email protected]

Written by the Work Injury Site team