When is a Worker Covered

When is a Worker Covered

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When is a Worker Covered

Summary

All employees are covered for compensation for work injuries and illnesses under the New South Wales Workers Compensation Scheme, whether employed on a full-time, part-time, casual, permanent, or temporary basis.

Key Information

The NSW Workers Compensation Scheme operates on a “no-fault” principle. Workers are generally entitled to compensation for work-related injuries whether or not they were at fault for their injury.

Workers are covered for injuries sustained both at and away from the workplace, provided the injury occurs in the course of employment. Coverage can include:

  • A journey to and from work (with some restrictions)
  • A recess or lunch break
  • Attendance at a training or apprenticeship course
  • A union representative attending a course or meeting (in most cases)
  • A work-related function

Referral or Escalation

Do a legal referral for advice or escalation if:

  • The circumstances of an injury are unclear or disputed
  • There are questions about whether a journey or break qualifies as “in the course of employment”

Practical Tips

  • Confirm employment status and whether the activity was part of, or incidental to, employment.
  • Encourage documentation of when and how the injury occurred.
  • Do a legal referral for guidance on borderline cases (e.g., injuries during travel or breaks).

Related Content

  • What Type of Injury is Covered
  • First Steps When Injured
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