Does WorkCover Cover Me If I’m Working from Another Location?

In today's increasingly global and mobile work environment, many Queensland workers find themselves working from various locations, including interstate or overseas. This raises important questions about workers' compensation coverage. Specifically, if you are normally based in Queensland but are injured while working temporarily in another location, will WorkCover Queensland still cover you? 

This article will explain your rights and the conditions under which you can claim workers' compensation for injuries sustained while working away from your usual location.

Understanding Workers' Compensation in Queensland

Workers' compensation in Queensland is governed by the Workers' Compensation and Rehabilitation Act 2003. This legislation ensures that employees who suffer work-related injuries or illnesses receive financial support and medical assistance. WorkCover Queensland is the primary provider of workers' compensation insurance in the state, covering a wide range of injuries, including those occurring while working elsewhere.

Coverage for Interstate and Overseas Workers

If you are a Queensland-based worker temporarily working in another location, whether interstate or overseas, you may still be covered by WorkCover Queensland. The key factor is the "State of Connection" test, which determines the jurisdiction responsible for your workers' compensation coverage. Here are the main points to consider:

1. State of Connection Test: The Workers' Compensation and Rehabilitation Act 2003 outlines a three-step test to determine the state of connection for workers' compensation purposes:some text
   1. Step 1: Identify the state where the worker usually works.
   2. Step 2: If the first step does not identify a state, determine where the worker is usually based.
   3. Step 3: If the first two steps do not identify a state, consider the state where the employer's principal place of business is located.
2. Temporary Assignments: If you are temporarily assigned to work in another state or country for up to six months, you are generally still covered by WorkCover Queensland. This includes short-term projects, training, or business trips.
3. Employment Connection: Your employment must be a significant contributing factor to the injury. This means that the injury must arise out of or in the course of your employment duties, regardless of the location.

Case Study: Covill v WorkCover Queensland

A notable case that illustrates the application of the State of Connection test is Covill v WorkCover Queensland [2022] QSC 171. In this case, Justice Applegarth considered the situation of a worker who was injured while working in the Northern Territory for a Queensland-based employer. 

The court applied the three-step test and concluded that the worker's employment was connected with Queensland, as the employer's principal place of business was in Queensland.

Steps to Take if Injured While Working from Another Location

If you are injured while working temporarily in another location, follow these steps to ensure your workers' compensation claim is processed smoothly:

1. Seek Medical Attention: Obtain immediate medical treatment for your injury and keep all medical records and receipts.
2. Notify Your Employer: Inform your employer about the injury as soon as possible. Provide them with a medical certificate and any other relevant documentation.
3. Lodge a Claim: Submit a workers' compensation claim with WorkCover Queensland. Ensure you provide all necessary documentation, including evidence of the injury's connection to your work.
4. Follow Up: Stay in contact with your employer and WorkCover Queensland to ensure your claim is processed efficiently. Provide any additional information requested by WorkCover.

Employer Responsibilities

Employers have a duty of care to ensure the safety of their employees, even when they are working from another location. This includes:

1. Risk Assessments: Conducting risk assessments for remote or temporary work locations to identify and mitigate potential hazards.
2. Insurance Coverage: Ensuring that workers' compensation insurance covers employees working interstate or overseas. This may involve obtaining additional coverage or verifying that existing policies are adequate.
3. Clear Policies: Establishing clear policies and procedures for reporting injuries and making workers' compensation claims, regardless of the work location.

Next Steps:

In Queensland, workers' compensation coverage extends to employees who are temporarily working in another location, including interstate or overseas, provided that their employment is a significant contributing factor to the injury. 

By understanding the State of Connection test and following the appropriate steps to report and claim for injuries, you can ensure that you receive the support and compensation you are entitled to. If you have any doubts or need assistance, consult with a qualified workers' compensation lawyer to guide you through the process.

For personalised advice and assistance with your claim, contact Smith's Lawyers at 1800 960 482 or request a free case review online.