Given the recent increase in COVID-19 cases and the shift to rapid-antigen testing as an official method of verification, members need to be aware of potential Workers’ Compensation claims from employees who contract the disease in the course of their employment, as this is considered an injury under Victorian legislation.
Individual claims relating to COVID-19 are assessed on their merits. The employment link will be established if the nature of that employment gave rise to a significantly greater risk of the employee contracting the illness. Note that work must be a “substantial” or “significant” contributing factor to the injury or illness.
In determining whether an employee’s employment was a significant contributing factor to an injury or illness, things like the nature of the work performed, the particular tasks of the employment, the probable development of the injury occurring if that employment had not taken place, the lifestyle of the employee and the activities of the employee outside of the workplace must be taken into account.
Specifically, for COVID-19, examples of significant risks of infection at work include:
- close contact with a confirmed or suspected case of COVID-19;
- failure or non-existence of social distancing measures;
- inadequate Personal Protective Equipment (PPE);
- travel to an area with a known viral outbreak;
- breaches of infection control measures.
More information about COVID-19 claims eligibility and the process can be found on WorkSafe Victoria’s website at https://www.worksafe.vic.gov.au/information-injured-workers-about-your-claim-and-covid-19.
If you require further clarification or have employees who are making or considering a Workers’ Compensation claim for COVID-19, please contact the Constructive Workplace relations team at info@portal.businesssolutionshub.com.au or via our Contact Us page.
