What are your rights if you are injured at work on a working holiday visa?

A workplace injury on a working holiday visa is one of the most under-claimed entitlements, often because injured workers assume their visa or short employment history disqualifies them. It does not.

What injuries are covered?

Workers compensation covers any injury or illness that arises out of, or in the course of, paid employment. This includes:

• Acute injuries (cuts, breaks, sprains, burns) from accidents at work
• Repetitive strain injuries from ongoing work activities
• Mental health conditions caused or aggravated by work
• Diseases contracted because of work (for example, skin conditions from chemical exposure)
• Injuries during work-related travel, in some cases including travel to and from work

The injury does not have to be the employer's fault. Workers compensation is a no-fault scheme: if the injury happened because of work, the claim is valid even if no one acted negligently.

What does workers compensation cover?

The exact benefits vary by state, but generally cover:

• Medical treatment: doctor visits, hospital care, physiotherapy, prescriptions, and ongoing rehabilitation
• Weekly wage payments: typically 80% to 95% of your normal weekly wages for the period you cannot work (the percentage drops over time in some states)
• Lump sum payment for permanent impairment: if the injury results in lasting impairment
• Travel expenses: to and from medical appointments
• Return-to-work support: rehabilitation, retraining, and modified duties

The cover continues for as long as the injury affects your ability to work, subject to the state-specific maximum periods.

What about Medicare and private health insurance?

Workers compensation pays for injury-related medical costs directly, separate from Medicare. This matters for working holiday makers because most are not eligible for Medicare under reciprocal health care arrangements (or have only partial cover). See our article on Medicare coverage for working holiday makers for the detail.

For an injury that happens at work, workers compensation is the primary payer, and the worker should not be billed for treatment of that injury.

How do you make a workers compensation claim?

The process varies by state but generally requires:

1. Report the injury to the employer immediately, in writing if possible
2. See a doctor and obtain a workers compensation medical certificate
3. Lodge a claim with the employer's workers compensation insurer, which the employer is required to forward to the insurer within a short timeframe (usually 5 working days)
4. Provide ongoing medical certificates if you continue to be unable to work

The employer cannot legally refuse to lodge a claim, and the insurer must respond within statutory timeframes. If the employer refuses to lodge or pressures you not to claim, this is itself a serious breach and can be reported to the state regulator and to Fair Work for the wider employment breach.

What if the employer threatens you over a claim?

Some working holiday makers report being threatened with termination, deportation, or visa cancellation if they make a workers compensation claim. None of these threats are legitimate:

• Termination because of a workers compensation claim is unlawful in every state
• Visa cancellation is not triggered by a workers compensation claim
• An employer has no power over your visa status, regardless of what they say

If you are being pressured not to claim, Fair Work and the state workers compensation regulator can intervene. The protections are stronger than most working holiday makers realise.

What if you are working as a contractor with an ABN?

Workers compensation for contractors is more complicated. Contractors working under an ABN are not automatically covered by the employer's workers compensation insurance. Some workers are classified as contractors when they should legally be employees, and reclassifying them can restore workers compensation cover. See our article on the difference between an employee and a contractor for the rules.

If the work has the characteristics of employment (set hours, employer-provided equipment, supervised work, single client), the classification may be wrong, and a workers compensation claim is still possible.

How does our service support injured workers?

While our team is not a workers compensation specialist, the tax and wage consequences of a workplace injury are within our service. For working holiday makers with a workplace injury, our team:

• Reviews any wage records to identify underpayments or unpaid super that often accompany injury cases
• Lodges your tax return on the lower income from the injury period (often resulting in a larger refund)
• Coordinates with workers compensation insurers if income from claim payments needs to be reported correctly
• Refers to specialist workers compensation lawyers where the injury is significant

A workplace injury rarely affects only one part of your finances. Get in touch with our team if you have been injured at work and need to understand the wider picture.