Your employment rights & entitlements while on WorkCover (Vic)

Employee rights while on workcover

How does WorkCover work in Victoria?

WorkCover is insurance that covers employers for the cost of any benefits if any of their workers are injured or become ill as a consequence of their work. All Victorian employers must have WorkCover insurance.

How long do WorkCover payments last in Victoria?

Weekly payments generally last for a period of 130 weeks. You are able to obtain payments in addition to 130 weeks, if you can show that you have no work capacity and this is likely to continue indefinitely.

How long do workcover payments last in Victoria

Do you accrue annual leave while on workers compensation?

Injured workers who are on WorkCover in Victoria will continue to accrue annual leave provided certain conditions are met. You can read more about WorkCover and annual leave here.

Does sick leave accrue while on WorkCover in Victoria?

In some instances sick leave will accrue while you are in receipt of WorkCover payments and still employed. This is typically when an employment contract or other instrument specifies that sick leave accrues.

If it is not specified, sick leave will likely not accrue while you’re on WorkCover.

Does long service leave accrue while on WorkCover in Victoria?

Yes, while you are receiving workers compensation payments, even if you’re off work, you are entitled to accrue long service leave as if you were normally working.

Is superannuation paid on WorkCover in Victoria?

Yes, if you have receive weekly payments for at least 52 weeks and your injured after 5 April 2010, superannuation is paid.

Do I stop getting WorkCover payments if I quit my job?

Your weekly payments will continue if you made it clear that the reason you resigned was because of your injury. The law states that if you have resigned for reasons unrelated to your incapacity, then the WorkCover Insurer can possibly seek to terminate or reduce your weekly payments.

Can I apply for another job while on WorkCover in Victoria?

Yes you can but be mindful of the fact that you will be paid weekly payments based on your incapacity. So if you can work at your full pre-injury capacity, you will not be paid weekly payments of compensation.

Can you get Centrelink while on WorkCover?

Yes, you can obtain Centrelink while you’re waiting for your claim to be determined. In some cases you can continue to receive Centrelink while on WorkCover payments.

If you receive a lump sum payment which represents loss of earnings, you may be precluded from receiving Centrelink for a certain period of time depending upon the amount of the lump sum.

Can I quit my job if I’m on WorkCover?

Yes you can voluntarily resign while you are on workers compensation.

But, you need to be aware that in some instances your WorkCover entitlements can be impacted.

The law makes it clear that if you resign from your job for reasons that do not relate to your injury, then the WorkCover insurance company can terminate or reduce Weekly payments.

Therefore, if you are intending to resign from your job because of your injury, and your incapacity to perform your pre-injury role, then you should make it clear that the reason you are resigning is because of your injury. You should specifically state this on your resignation letter.

Further information about quitting your job on WorkCover in Victoria can be found here.

If you are on WorkCover and are thinking of resigning, you should consider obtaining advice from a lawyer or another advisor.

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Can I be sacked if I’m on WorkCover?

The law makes it clear that you are not able to have your employment terminated just because you made a WorkCover claim.

If an employer does terminate the job of a worker that is on WorkCover, that worker has a number of legal avenues open to them to pursue.

These include general protections application and unfair dismissal application. Both of these are Fair Work applications.

While on WorkCover the employer has an obligation to offer you suitable duties. This might mean a reduction in your hours or a restriction in some of the jobs that you can actually do in the workplace.

After 52 weeks, the employer no longer has to offer you suitable duties.

At this point, and employer can look at terminating your employment. Before doing so however, they need to establish that you’re not able to perform the inherent requirements of your pre-injury roll. This involves seeking Medical opinion, often from your treating GP or from and another doctor but they may send you too.

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.

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

Written by the Work Injury Site team