Your questions answered: Can our employee put in a WorkCover claim if they were volunteering?

By Portner Press on February 23rd, 2020
  1. Performance Management
  2. Workers' Compensation

On a day off our employee volunteered at one of our sites as a camp leader. During this time he injured his back and wants to put in a WorkCover claim.
I have spoken to our insurer who advised they would conduct a ‘circumstance investigation’ to determine if it would be accepted.
Would the employee in this situation be classed as a volunteer when he was actively participating on our site on his day off?
Or would he still be classed as an employee?


Based on the information you have provided, it would appear it is likely the person would be classified as a volunteer in these circumstances.
In Victoria, compensation is only available for personal injury for the following categories of volunteers:
• SES volunteers;
• jurors;
• volunteer school workers or volunteer student workers;
• volunteer emergency workers;
• volunteers assisting police officers;
• volunteer fire fighters; and
• volunteers in prisons, and offenders working in a program.
However, protection does not extend to situations in which the volunteer engages in misconduct, e.g. criminal conduct, intoxication or acting contrary to instructions.
If the person cannot make a claim under Work Cover, they can make a claim under your public liability insurance.

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