Work Safe Information
Worker Rights and 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
    • 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.

To learn more about resolving health and safety issues, go to http://www.worksafe.vic.gov.au/forms-and-publications/forms-and-publications/information-for-employees-on-health-and-safety

Reporting an Injury

You must notify your employer of any injury or illness within 30 days of you becoming aware of it.

For more information, go to http://www.worksafe.vic.gov.au/injury-and-claims/workers-the-claims-process/if-you-have-sustained-a-work-related-injury-or-illness

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.

Representation

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

See below links for more information.

*Important Return to Work Information
*Ministerial Direction – Return to Work Direction
*Return to Work – Issues Resolution

For further information, go to http://www.worksafe.vic.gov.au/return-to-work

Privacy

You can expect the privacy of your confidential information to be maintained.