Council in court after failing to lodge WorkCover claim

A Melbourne council has faced court after failing to lodge an injured worker's WorkCover claim.


Banyule City Council was sentenced in the Heidelberg Magistrates' Court on Wednesday after pleading guilty to a single charge of failing to forward a worker's compensation claim to WorkSafe within 10 days of receipt.

The council was, without conviction, placed on a 12 month adjourned undertaking and ordered to pay $2,500 to the court fund as well as costs of $1,500.

The court heard that an early childhood educator submitted a claim after injuring her hip and lower back when she tripped over a water pipe at the council's Heidelberg West childcare centre in September 2022.

The council continued to pay the worker's salary until she returned to full-time duties on 19 October, however she also incurred additional medical expenses.

A WorkSafe investigation found the worker submitted a certificate of capacity and a signed copy of the claim form on 21 September, the day before two public holidays, and that the council's Return to Work Coordinator went on four weeks' leave a week later.

In December, the educator asked the council for her claim number and insurer details, but received no response. She then contacted WorkSafe who advised her to submit her claim directly to the agent and it was ultimately accepted.

Executive Director of Return to Work Victoria Jason Lardelli said there was no excuse for employers failing to look after injured workers.

"No one should ever be injured at work, but if the worst does happen, employers must ensure they meet their obligations to support injured workers," Mr Lardelli said.

"That includes lodging the appropriate claim forms without delay so that workers can access the care and support they need, right through to supporting injured workers when they are ready to return to work."

For more information about lodging a claim, contact WorkSafe's advisory service on 1800 136 089 or follow the link below:

WorkSafe Advisory Service

WorkSafe's advisory service is available between 7:30am and 6:30pm Monday to Friday. If you need more support, you can also contact WorkSafe using the Translating and Interpreting Service (TIS National) or the National Relay Service.

1800 136 089 More contact options