Claims

Who can make a claim for Workcover Benefits?

If a worker's injury or illness is work-related then they are entitled to compensation. In some cases the employment must have been a significant contributing factor to the worker’s injury.
The following criteria must be met for a person to receive compensation:
A worker is defined as an individual:

• who
  
  • performs work for an employer or
  • agrees with an employer to perform work
• at the employer's direction, instruction or request, whether under a contract of employment (whether express, implied, oral or in writing) or otherwise or
• who is deemed to be a worker by the legislation.
• the worker must suffer a work-related injury and, in some cases, their employment must be a significant contributing factor to that injury.

What does the term 'employment being a significant contributing factor to your injury or illness' mean?

Significant contributing factor means that your employment must contribute to the occurrence of your injury in a way that is not insignificant, trivial or minimal.

It entails a comparison with other contributing factors.

In determining whether a worker’s employment was a significant contributing factor to their injury, the following are considered:

• the duration of the worker’s current employment
• the nature of the work performed
• the particular tasks of the employment
• the probable development of the injury occurring if that employment had not taken place
• the existence of any hereditary risks
• the lifestyle of the worker
• the activities of the worker outside the workplace
  must be taken into account.

The information on this website produced and distributed by the IWSN is of a general nature. We do our best to ensure the information is accurate and up to date, but cannot take any responsibility for any loss arising out of its use. You should not rely on it applying in your own circumstances and should always take further advice from those with appropriate qualifications.

Last updated August 2024.