Worker Rights & Responsibilities
A worker can be full-time, part-time or casual. A worker may be a person:
- who applies for WorkSafe Injury Insurance
- who has entered into or works under a contract of service (including a domestic servant or an outworker)
apprenticeship or otherwise with an employer and under that contract does manual labour, clerical work, or otherwise
- person who is deemed to be working under a contract of service
- person who is deemed to be a worker
- pupil attending a school who is employed under a work experience arrangement
- student of a TAFE provider who is employed under an agreement
- person who is directly employed by one employer but contracted to work with another (such as through an agency - refer to Labour Hire Workers: OHS Rights & Responsibilities)
Worker Duty of Care
All workers have a duty of care to ensure that they work in a manner that is not harmful to their own health and safety and the health and safety of others. Learn more about resolving health and safetyissues
Reporting an Injury
You must notify your employer of any injury or illness within 30 days of you becoming aware of it.
Making a Claim
If you need medical treatment or time off work because of your injury or illness, you need to make a claim. If you make a claim you can choose your preferred doctor or healthcare provider. If occupational rehabilitation services are offered to you, you can choose from a list of at least three providers of these services.
An injured worker can be represented, assisted and supported in the return to work process. A worker's representative cannot be a legal practitioner.
An employer must consult directly with an injured worker about their return to work, however a worker may be assisted by a representative during any consultation.
Return to work information
An employer must make information available to a worker about:-
- the employer's return to work obligations and how the employer is meeting these obligations,
- the return to work rights and obligations of the worker and how workers can obtain further information about their rights and obligations,
- the name and contact details of the employer’s authorised Agent,
- the name and contact details of the employer's return to work coordinator (if applicable), and
- the procedure for resolving return to work issues.
An employer must consult with their workers as to how the above information is provided.
More information is available in the Return to Work section of this website.
You can expect the privacy of your confidential information to be maintained.