Do I need to declare workers’ compensation claims to a new employer?

No.

You do not need to declare to any prospective employer that you have had a workers compensation r claim. In Victoria and Queensland, there is specific legislation that can allow an employer to ask about pre-existing injuries (see injury, not work cover claim) and whether these injuries could be aggravated by the inherent requirements of the role that you are applying for (s41 in the Victorian Act and 571 (b) in the Queensland Act).

Can a workers’ compensation claim be rejected if it is pre-existing injury?

Sometimes, but not often.

Only in Victoria and Queensland is there specific legislation that allows for a workers’ compensation claim to be declined for a pre-existing injury for failing to declare this before employment. In reality however, the employer needs to provide a detailed assessment of the job for which you are hiring. It’s not good enough for them to provide a one page job description saying you will be expected to answer phones and type emails. How can a person truly be aware if a pre-existing injury is going to be aggravated/exacerbated if they do not know the intricate details of the role?

Will I have surveillance following me?

Yes you can.

It is one of the oldest tricks in the insurance book. Catch the worker going to a café or playing with children and get the claim shut down.

However ever since the multiple ombudsman reports into the Victorian workers’ compensation scheme and media attention in NSW through EML and iCare’s practices, there is more attention on the use of such private investigations.

Typically surveillance won’t be arranged until later down the track in a claim (think 3 months plus). As long as you are following the restrictions of your Doctor then you have nothing to worry about. Further to this, there are certain things that surveillance companies need to abide by. For example, if your gate is shut, or your curtains are down (even slightly) then investigators cannot survey anything inside your house because you are attempting to be private. Read – always have your curtains slightly shut, even when open.

Can I be sacked for putting in a workers’ compensation claim?

No.

All states in Australia have rules around maintaining employment during a workers’ compensation claim. These range typically from 26-52 weeks, but in some states it is indefinite.

What is the eligibility process?

Each state in Australia has a different process for eligibility which can make getting information difficult and confusing. The timeframes on a decision can last from 28 days up to 3 months. In some states you will get paid on a provisional basis, in others you won’t. For further information please contact support@workcoverwise.com.au.