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

Q
 
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?

 

A
 
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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