Quick Answer

Yes — in most cases you can still claim WorkCover in Victoria even if the injury was partly your fault.
That’s because the Victorian workers’ compensation scheme is generally described as a no-fault scheme, meaning your entitlement to compensation isn’t linked to who was responsible for the injury. :contentReference[oaicite:0]{index=0}

However, there are important exceptions. The biggest ones relate to:

• Serious and wilful misconduct (including intoxication) potentially affecting entitlement, depending on the circumstances :contentReference[oaicite:1]{index=1}
• Deliberately self-inflicted injuries (generally excluded)
• Not being in the course of employment at the time of injury (claim can be disallowed) :contentReference[oaicite:2]{index=2}
• Common law damages (a separate pathway) where you generally need to show someone else’s negligence, and your own fault can become relevant :contentReference[oaicite:3]{index=3}

Bottom line: WorkCover is usually still available even when you’ve made a mistake — but the details matter, especially if the employer argues misconduct, intoxication, or that you weren’t actually doing work at the time.

Why “Fault” Usually Doesn’t Stop a WorkCover Claim in Victoria

When people hear “workers’ compensation,” they often assume it works like a car accident claim: you need to prove someone else caused the accident.
In Victoria, WorkCover is different.

WorkSafe materials describe the Victorian workers’ compensation scheme as a no-fault scheme, meaning entitlement to compensation is not linked to who was responsible for the injury or illness. :contentReference[oaicite:4]{index=4}

That matters because workplaces are messy. People are human. Tools get used incorrectly. Procedures get rushed. Someone lifts something the wrong way. A worker slips because they’re looking at a docket. Someone forgets PPE for a moment.
If WorkCover only paid when your employer was “at fault,” many legitimate injuries would fall through the cracks.

Instead, WorkCover focuses on a different set of questions:

• Are you a worker for WorkCover purposes?
• Did the injury arise out of, or occur in the course of, employment?
• What medical evidence supports the injury and your capacity?
• Do any exclusions apply?

This is why you’ll often hear that you can “still claim even if you were partly at fault.” In most cases, that’s true — but it doesn’t mean all behaviour is irrelevant. It means fault is usually not the main test for basic WorkCover benefits.

What “Partly My Fault” Really Means (Common Examples)

When workers say “It was partly my fault,” they usually mean one of these:

You made a simple mistake

• You lifted awkwardly or didn’t ask for help
• You moved too quickly
• You didn’t notice a trip hazard
• You used the wrong technique or tool for a moment

These are common and usually not claim-killers on their own.

You didn’t follow a procedure perfectly

• You skipped a step in a safe work method statement
• You forgot PPE briefly
• You took a shortcut because the job was behind schedule

Many injuries happen in this “real world” zone where the job is pressured and the environment isn’t ideal.
A WorkCover claim can still be valid, but it can become disputed if the employer argues the behaviour was extreme or deliberate.

You were doing something risky

• Climbing where you shouldn’t
• Using equipment in a way you weren’t trained for
• Ignoring a clear and repeated safety direction

This is where the conversation can shift from “no-fault” into questions about misconduct or whether you were still acting in the course of employment.

What Actually Matters for WorkCover: Work Connection + Worker Status

If you want a clear mental model, use this:

• Work connection: Did the injury happen because of work, or while you were doing work?
• Evidence: Is there medical support (diagnosis, certificate of capacity if needed) and a consistent incident story?
• Exclusions: Is there a serious reason the law says compensation isn’t payable (for example, serious and wilful misconduct)? :contentReference[oaicite:5]{index=5}

Notice what is not in that list: “Was the worker perfect?” or “Did the worker contribute to the accident?”
WorkCover generally doesn’t require perfection. It requires a work-related injury that meets legal tests, supported by evidence.

The Big Exceptions: When Fault (or Behaviour) Can Affect Entitlements

While the scheme is no-fault in principle, Victoria still has exclusions and limitations designed to prevent compensation in very specific situations.
If your employer or the WorkSafe agent is focusing on “fault,” it’s usually because they’re trying to fit your situation into one of these categories.

Serious and Wilful Misconduct (Including Alcohol/Drugs)

“Serious and wilful misconduct” is one of the most important exceptions you need to understand.
WorkSafe’s Claims Manual states there is no entitlement to compensation if it is proven the worker’s injury was attributable to the worker’s serious and wilful misconduct, including (but not limited to) being under the influence of intoxicating liquor or a drug. :contentReference[oaicite:6]{index=6}

The legislative basis is found in the Victorian workers’ compensation legislation (WIRC Act section 40), which sets out consequences where an injury is attributable to serious and wilful misconduct. :contentReference[oaicite:7]{index=7}

What this means in plain language

If the employer/agent argues “serious and wilful misconduct,” they’re not saying “you made a small mistake.”
They’re alleging something closer to: you knowingly did something seriously unsafe, or you deliberately ignored a serious rule, or you were intoxicated in a way that caused the injury.

Important: it’s a high bar

WorkSafe’s own guidance notes that the serious and wilful misconduct provisions are more stringent and more difficult to sustain than simply arguing an injury didn’t occur in the course of employment. :contentReference[oaicite:8]{index=8}

So if someone throws the phrase around casually, don’t panic — but do take it seriously enough to get advice if it’s being raised formally.

Common examples where this gets raised

• Alcohol or drug impairment allegations after an incident
• Deliberate removal of machine guards
• Repeatedly ignoring lockout/tagout processes
• Ignoring a clear direction like “do not use that ladder”
• Horseplay that crosses into deliberate dangerous conduct

If misconduct is alleged, what should you do?

Be careful about making broad admissions like “Yeah it was totally my fault.”
Stick to facts:

• What you were doing
• Why you were doing it (work demand, instruction, time pressure)
• What training you had (or didn’t have)
• What supervision existed
• What the environment was like (lighting, clutter, defective equipment)

“I made a mistake” is not the same as “I engaged in serious and wilful misconduct.”
The distinction can matter a lot if the claim becomes disputed.

Deliberately Self-Inflicted Injuries

This isn’t about accidents — it’s about deliberate self-harm.
If an injury is deliberately self-inflicted, it is generally not compensable under workers’ compensation principles.

If your injury is truly accidental (even if you were careless), this category usually won’t apply.
But it can sometimes be raised if the employer alleges the event was staged or intentional. If that occurs, get advice quickly because those disputes become evidence-heavy and stressful.

If You Weren’t in the Course of Employment

Another way an employer/agent may try to resist a claim is by arguing you weren’t actually doing work (or weren’t at work for a work purpose) when the injury happened.

WorkSafe’s Claims Manual highlights that determining an injury did not occur in the course of employment is different from serious and wilful misconduct — and if a worker is not in the course of employment, the claim can be disallowed regardless of whether the injury results in death or severe injury. :contentReference[oaicite:9]{index=9}

Examples where “course of employment” is argued

• Injury during an unauthorised detour or personal errand
• Injury after leaving the workplace and returning for a non-work reason
• Horseplay far outside the job’s scope
• Social events, end-of-shift activities, or informal “just helping out” tasks

These cases aren’t always black and white. What matters is the connection between the activity and employment, and what was reasonably expected or permitted.
If your employer is focusing on “you shouldn’t have been doing that,” this is often the real legal issue behind the scenes.

WorkCover Benefits vs Common Law Damages: Where Fault Matters

Here’s where many people get confused:
WorkCover benefits (weekly payments, medical expenses, rehab support) are generally no-fault. But common law damages are different.

WorkSafe’s own information about common law damages notes that, to sue for damages, your injury must be due to the fault or negligence of someone other than you. :contentReference[oaicite:10]{index=10}

So:

• WorkCover claim: Usually doesn’t require you to prove your employer was negligent (fault often doesn’t matter).
• Common law claim: Generally involves proving negligence of someone else — and your own conduct can become relevant (for example, arguments about your contribution).

This is why you might hear two seemingly conflicting statements that are both true:

• “You can still claim WorkCover even if you were at fault.” (Often true for basic benefits)
• “If it’s your fault, you can’t sue.” (Often relevant for common law damages) :contentReference[oaicite:11]{index=11}

If your injury is significant, it’s worth getting advice early so you don’t accidentally mix up these pathways, or assume you have “no options” because you made a mistake.

Evidence Tips: How to Protect Your Claim Even If You Made a Mistake

If you’re worried your own actions contributed, your best protection is good evidence.
Here’s what helps most in disputed cases.

1) Clear incident reporting (early, in writing)

Report what happened as soon as you can. Keep the account consistent. If your first report is vague and later becomes detailed, that can create doubt.
A simple factual email to your supervisor/HR is often enough.

2) Medical evidence that matches the incident story

See a GP early. Tell them what happened at work and what symptoms you have.
The medical history recorded early often becomes important later, especially if the employer disputes causation.

3) Photos, witnesses, and site details

If safe to do so, take photos of hazards (wet floor, broken step, cluttered walkway, defective tool).
Get names of co-workers who saw the incident or conditions.

4) Training and supervision records

If the employer argues you “should have known better,” ask:

• What training did you actually receive?
• Was it documented?
• Were you supervised appropriately?
• Were you asked to do tasks beyond your training?

These points can be relevant when the employer tries to turn “a workplace system problem” into “a worker’s personal fault.”

5) Avoid broad admissions

It’s normal to feel embarrassed after an incident and say “It was my fault.”
But legally, broad admissions can be misused. You can acknowledge a mistake while still explaining the real context:
workload pressure, lack of equipment, insufficient staff, unclear instruction, inadequate training, or unsafe conditions.

Step-by-Step: What to Do After a Workplace Injury in Melbourne

Step 1: Get medical care

Your health comes first. If it’s serious, go to ED. Otherwise, see a GP as soon as possible.
Ask about a certificate of capacity if you need time off or reduced duties.

Step 2: Report the injury at work (preferably in writing)

Email your manager/HR with the basic facts.
If there’s an incident register, ask for an entry to be made and request a copy/photo.

Step 3: Lodge a WorkCover claim form if needed

If you require weekly payments, treatment coverage, or the employer is being difficult, lodging formally can protect you.
Keep copies of everything you submit.

Step 4: Keep a simple evidence folder

• Emails and messages about the incident
• Medical notes, referrals, reports
• Receipts for treatment/medication
• Photos and witness details
• Rosters and timesheets

Step 5: Get advice early if misconduct or intoxication is alleged

If your employer starts using phrases like “serious misconduct,” “breach of policy,” “under the influence,” or “you weren’t authorised,” don’t treat it as a casual argument.
Those words can connect to legal exclusions. :contentReference[oaicite:12]{index=12}

If Your Employer Says “It’s Your Fault” (What to Say and Do)

Employers sometimes say “WorkCover won’t cover this because you caused it.” In many cases, that’s simply incorrect.
Remember: the scheme is generally no-fault for basic benefits. :contentReference[oaicite:13]{index=13}

If you’re facing that pushback:

• Stay calm. Don’t argue emotionally or make sweeping admissions.
• Put everything in writing. “I was injured at work on [date/time] while doing [task]. I’m seeking medical treatment and would like the claim form processed.”
• Ask for the reason in writing if they refuse to accept paperwork.
• Keep your own copies.
• Get advice if the employer escalates into misconduct allegations.

If your claim is rejected, WorkSafe explains you’ll receive a letter from the agent and can request a review/appeal process. :contentReference[oaicite:14]{index=14}

Real-World Scenarios (Covered vs Disputed)

Scenario 1: You tripped over your own feet in a warehouse aisle

Often covered. It may feel “your fault,” but if it happened while working, it can still be compensable.
The focus becomes injury, work connection, and medical evidence — not whether you’re embarrassed.

Scenario 2: You lifted a heavy box alone even though there was a trolley

Often covered. The scheme doesn’t generally punish poor judgment with zero support.
That said, your employer may argue you breached manual handling procedure.
That usually isn’t enough to defeat a claim on its own, unless they try to frame it as serious and wilful misconduct (which is a high bar). :contentReference[oaicite:15]{index=15}

Scenario 3: You were using a ladder against instructions and fell

This can be disputed. You may still be covered, but the employer might argue you weren’t acting in the course of employment or that you deliberately ignored a critical safety rule.
Evidence of why you used the ladder (work demands, lack of alternative equipment, unclear instruction, inadequate supervision) can become important.

Scenario 4: You were intoxicated at work and had an accident

This can become very difficult, because intoxication is often raised within the serious and wilful misconduct context. :contentReference[oaicite:16]{index=16}
If this is your situation, get legal advice quickly before making statements.

Scenario 5: You were injured during horseplay

Outcomes vary. Mild horseplay within a work environment can still be considered “in the course of employment” in some situations, but serious horseplay can lead to arguments about misconduct or course of employment.
Evidence and context matter a lot.

Scenario 6: You want to sue, not just claim WorkCover benefits

This is where fault becomes central. WorkSafe’s information about common law damages says the injury must be due to the negligence of someone other than you. :contentReference[oaicite:17]{index=17}
If your own actions played a role, that may become part of the analysis for damages claims.

FAQ’s

Can I claim WorkCover in Victoria if the accident was my fault?

In many cases, yes. The Victorian workers’ compensation scheme is described as a no-fault scheme, meaning entitlement to compensation is not linked to who is responsible for the injury. :contentReference[oaicite:18]{index=18}

What if I broke a safety rule?

A simple breach or mistake doesn’t automatically cancel a claim. The bigger risk is if the employer argues your injury was attributable to serious and wilful misconduct (a high threshold) or that you weren’t in the course of employment. :contentReference[oaicite:19]{index=19}

Does alcohol or drug use affect WorkCover?

It can. WorkSafe’s Claims Manual lists serious and wilful misconduct (including being under the influence of intoxicating liquor or a drug) as a basis for non-entitlement if proven. :contentReference[oaicite:20]{index=20}
If this is alleged, get advice early.

What’s the difference between a WorkCover claim and a common law claim?

WorkCover benefits are generally no-fault. A common law damages claim is different and usually requires the injury to be due to the negligence of someone other than you. :contentReference[oaicite:21]{index=21}

My employer says I can’t claim because it was my fault — what should I do?

Don’t rely on verbal statements. Report the injury in writing, seek medical care, lodge the claim form if needed, and keep copies. If your claim is rejected, WorkSafe explains you can request a review/appeal as outlined in the rejection letter. :contentReference[oaicite:22]{index=22}

Final Thoughts

If you’ve been injured at work in Melbourne and you’re worried because you “played a part” in what happened, you’re not alone — and you’re not automatically excluded.
WorkCover in Victoria is generally a no-fault scheme, so in many cases you can still claim even if you made a mistake. :contentReference[oaicite:23]{index=23}

The real danger zones are where an employer tries to characterise the incident as serious and wilful misconduct, intoxication-related, self-inflicted, or outside the course of employment. :contentReference[oaicite:24]{index=24}
If any of those issues are being raised, the way you document and explain the incident becomes crucial.

Recommendation (Melbourne, Victoria):
If you need help understanding your WorkCover rights (especially where “fault” is being used against you), consider speaking with
Hymans Legal.
Phone: 1300 667 116