What Counts as a Workplace Injury in Victoria?

Understanding what counts as a workplace injury in Victoria is one of the most important steps workers can take before lodging a WorkCover claim. Whether you work in construction, retail, healthcare, hospitality, logistics, or an office-based environment, workplace injuries come in many forms — not just slips, falls, and heavy lifting accidents. In fact, many workers don’t realise how broad the legal definitions are under Victorian WorkCover law.

This guide breaks down everything you need to know, in a professional yet relatable way, so you can understand your rights, recognise the types of injuries that may qualify, and know when to seek legal advice. If you’re in Melbourne or anywhere across Victoria, the information here applies to you.

Table of Contents

• 1. Overview: How Workplace Injuries Are Defined in Victoria
• 2. Physical Injuries
• 3. Psychological & Mental Health Injuries
• 4. Diseases, Illnesses & Long-Term Conditions
• 5. Aggravations of Pre-Existing Conditions
• 6. Repetitive Strain & Cumulative Injuries
• 7. Injuries Sustained Outside the Physical Workplace
• 8. Are Commuting Injuries Covered?
• 9. Contractors, Volunteers & Non-Employees
• 10. How to Report a Workplace Injury in Victoria
• 11. Evidence You Should Gather
• 12. Common Mistakes Workers Make
• 13. When to Seek Legal Advice
• 14. Final Thoughts — And Who to Call for Help

1. Overview: How Workplace Injuries Are Defined in Victoria

Under the Workplace Injury Rehabilitation and Compensation Act 2013 (WIRC Act), a workplace injury is defined broadly. It includes any physical or psychological injury, disease, illness, or condition that arises “out of or in the course of employment.”

The injury does not have to occur at the workplace. It may happen:

• on a worksite
• in an office
• in a company vehicle
• offsite while performing work tasks
• during work-related events or functions

WorkCover also covers sudden accidents, long-term trauma, gradual deterioration, and even aggravations of old injuries. This wide coverage exists because WorkCover aims to protect Victorian workers across all industries and job types.

2. Physical Injuries

This is the most common category and includes any injury caused by an accident, unsafe environment, malfunctioning equipment, heavy lifting, or a hazard.

Examples include:

• slips, trips, and falls
• fractures, sprains, muscle tears
• crush injuries from machinery
• burns or electric shocks
• lacerations and cuts
• eye injuries
• chemical exposure injuries
• vehicle and forklift accidents
• falls from ladders or scaffolding

Even seemingly “small” injuries such as sprains or strains can qualify if they impair your ability to work and were caused by your employment.

3. Psychological & Mental Health Injuries

Mental health injuries are increasingly recognised as legitimate workplace injuries. These may develop because of the work environment, specific incidents, or chronic stress.

Psychological injuries may include:

• anxiety disorders
• depression
• post-traumatic stress disorder (PTSD)
• panic disorders
• adjustment disorders
• stress-related illnesses

Common causes include:

• workplace bullying or harassment
• unsafe workloads
• traumatic events (e.g., witnessing accidents)
• overwork or unreasonable job demands
• exposure to violence or aggression

Note: Psychological injuries relating solely to reasonable management action — such as performance reviews — are typically not covered. However, many cases sit in a grey area, so legal advice is often helpful.

4. Diseases, Illnesses & Long-Term Conditions

Disease-based workplace injuries include illnesses caused by exposure to harmful environments, chemicals, materials, or pathogens at work.

Examples include:

• asthma triggered by workplace dust or chemicals
• asbestosis or mesothelioma
• hearing loss from loud environments
• skin diseases caused by irritants
• infectious diseases acquired through work duties

For healthcare workers, cleaners, retail staff, and hospitality workers, exposure-related injuries are very common and often accepted under WorkCover.

5. Aggravations of Pre-Existing Conditions

Many workers believe they cannot claim WorkCover because they already had a condition before starting the job. In Victoria, this is not true.

If work aggravates, accelerates, or significantly worsens a pre-existing condition, it may count as a new workplace injury.

Examples include:

• a worker with mild arthritis who develops severe pain due to repetitive lifting
• a long-term back issue that worsens due to workplace strain
• an old injury that re-emerges after physical work

These claims can be complex, and insurers sometimes dispute them — meaning early legal advice is strongly recommended.

6. Repetitive Strain & Cumulative Injuries

These injuries occur gradually over time due to repetitive tasks, awkward postures, or ongoing strain.

Examples include:

• carpal tunnel syndrome
• tendinitis
• chronic back pain
• shoulder injuries
• knee deterioration
• repetitive lifting damage

These injuries are extremely common in warehouse, retail, office, and factory jobs. Because they develop slowly, workers often don’t immediately realise the connection to employment until the pain becomes severe.

7. Injuries Sustained Outside the Physical Workplace

Not all approved workplace injuries happen within the physical worksite. WorkCover covers injuries that occur while performing work duties or participating in authorised activities.

Covered scenarios include:

• offsite meetings or inspections
• deliveries or client visits
• company training events
• work-related travel
• team-building days or functions

The key test is whether the worker was acting in ways connected to their employment duties at the time of the injury.

8. Are Commuting Injuries Covered?

In most cases, injuries sustained while travelling to or from work are not covered by WorkCover in Victoria.

However, there are exceptions:

• when driving is part of your job
• when travelling between job sites
• when required to transport equipment
• when performing employer-directed tasks

If commuting-related injuries blur into work duties, it’s worth checking with a WorkCover lawyer.

9. Contractors, Volunteers & Non-Employees

Many Victorians work as contractors, freelancers, or volunteers rather than traditional employees. The rules differ slightly, but workers may still be eligible depending on the circumstances.

Possible eligible categories:

• contractors deemed to be “workers” under the law
• labour hire staff
• trainees and apprentices
• some volunteers (particularly in emergency services)

If in doubt, it’s best to check eligibility through legal advice.

10. How to Report a Workplace Injury in Victoria

Reporting your injury promptly is crucial to strengthening your claim.

Steps include:

1. Report the injury to your employer as soon as possible.
2. Record the incident in the workplace injury register.
3. Seek medical attention and ask for a Certificate of Capacity.
4. Lodge a WorkCover claim in writing.

Any delay in reporting can cause complications or raise questions from insurers.

11. Evidence You Should Gather

Evidence helps establish a clear connection between the injury and your work duties.

Useful evidence includes:

• doctor’s notes and medical certificates
• witness statements
• incident reports
• photographs of hazards or injuries
• emails or messages showing workload pressures
• employment contracts and duty statements

If you are unsure what evidence matters most, a WorkCover lawyer can help.

12. Common Mistakes Workers Make

Some mistakes can delay your claim or cause insurers to dispute your injury.

Common mistakes include:

• not reporting the injury immediately
• continuing to work and worsening the condition
• not following medical instructions
• assuming psychological injuries won’t be accepted
• failing to gather evidence
• agreeing to insurer decisions without legal advice

Insurers sometimes reject claims for avoidable reasons — but many rejected claims are overturned on review.

13. When to Seek Legal Advice

You should contact a lawyer if:

• your claim is rejected
• your payments stop suddenly
• your employer disputes your version of events
• your injury is long-term or requires surgery
• you develop a psychological injury
• you’re unsure how to complete the claim properly

WorkCover can be complex — getting the right advice early ensures you receive the support and compensation you are entitled to.

14. Final Thoughts

Workplace injuries in Victoria come in many forms — physical, psychological, long-term, sudden, or cumulative. Even injuries that seem minor or unrelated may still qualify under WorkCover laws if they arise from your employment.

If you’re unsure whether your injury counts as a workplace injury, the best step is to speak with a specialist WorkCover lawyer.

For trusted legal guidance, contact Hymans Legal.

Hymans Legal specialises in WorkCover, workplace injuries, and compensation matters across Melbourne and Victoria. Their team can explain your rights clearly and help you navigate the claims process.

Phone: 1300 667 116

If you’ve been injured at work — physically or mentally — don’t navigate the system alone. Get expert support today.