Workers' rights and responsibilities

Reporting an injury

If you are injured at work, you must notify your employer within 30 days of becoming aware of the injury or illness.

When you start work for a new employer they may ask you in writing to disclose all previous injuries or illnesses that might be affected by your new duties. You must supply this information otherwise any future WorkSafe claim related to your pre-existing injury or illness may not be covered by WorkSafe.

Making a claim

If you wish to be compensated for medical or associated treatment costs, or for losing income from time off work because of your injury, you need to make a WorkSafe claim by completing the form below.  If you make a claim you can still choose to see your preferred doctor or healthcare provider for treatment if your claim is accepted.

Further information:

Returning to Work

If you are injured at work, you must play an active role in the return to work process. 

Definition of a worker

Additional advice is available about who is considered a worker to help you clarify if you are eligible to make a WorkSafe claim.

A worker can be full-time, part-time or casual. A worker may be a person who:

  • Applies for WorkSafe injury insurance
  • Has entered into or works under a contract of service (including a domestic servant or an out-worker)
    apprenticeship or otherwise with an employer and under that contract does manual labour, clerical work, or otherwise
  • Is deemed to be working under a contract of service
  • Is deemed to be a worker
  • Is a pupil attending a school who is employed under a work experience arrangement
  • Is a student of a TAFE provider who is employed under an agreement
  • Is a person who is directly employed by one employer but contracted to work with another (such as through an agency)

Other obligations

As a Victorian worker, you have a duty of care to ensure you work in a manner that is not harmful to the health and safety of both yourself and others.