Quick Answer

Casual employees in Victoria are generally covered by WorkCover in the same way as full-time and part-time employees, because WorkSafe treats “anyone that you or your company employs” as a worker for WorkCover insurance purposes, including casual workers. :contentReference[oaicite:0]{index=0}

Contractors can sometimes claim WorkCover, but it depends on whether they are legally considered a “worker” under Victorian workers’ compensation laws. Some contractors may be treated as workers (often called “deemed workers”) under provisions in the Workplace Injury Rehabilitation and Compensation Act 2013 and its schedules. :contentReference[oaicite:1]{index=1}

If you’re a contractor and your claim is questioned, the dispute usually isn’t about whether you were injured — it’s about whether you are a “worker” for WorkCover purposes, and who your “employer” is for the scheme. :contentReference[oaicite:2]{index=2}

WorkCover Basics in Victoria (What It Is and Who It’s For)

In Victoria, WorkCover (WorkSafe) is the workers’ compensation scheme that provides financial support, medical and like expenses, rehabilitation and return-to-work support for work-related injuries and illnesses.
The main legislation is the Workplace Injury Rehabilitation and Compensation Act 2013 (often referred to as the WIRC Act). :contentReference[oaicite:3]{index=3}

The first (and most important) eligibility question is:
Are you a “worker” under the scheme?

If the answer is yes, the next questions usually become:

• Did the injury occur in the course of, or arise out of, employment?
• What benefits are you eligible for based on your capacity and medical evidence?
• What steps do you need to take to lodge and progress a claim?

For casual workers, the “worker” part is usually straightforward. For contractors, labour hire, and platform workers, the “worker” question is often where the complexity sits.

Casual Workers: Are You Covered?

If you’re a casual employee, the short version is: yes, WorkCover can apply.
WorkSafe’s guidance on getting started with WorkCover insurance states that anyone you employ is a worker for WorkCover purposes, including those employed on a casual basis. :contentReference[oaicite:4]{index=4}

That means if you’re injured at work, you can generally lodge a WorkCover claim the same way as other employees.
Being casual doesn’t automatically reduce your rights — but it can sometimes affect the evidence around your pre-injury earnings, the pattern of your hours, and how weekly payments are calculated over time.

Why casual workers sometimes get confused

In real life, many casual workers hear myths like:

• “You’re casual, so you’re not covered.”
• “You need to have worked there for X months.”
• “If you don’t get sick leave, you don’t get WorkCover.”

Those myths can stop people from reporting injuries early, and delayed reporting can cause claim headaches later.
The safe approach is: report the injury, get medical care, and lodge the paperwork—then let the scheme assess it.

Casual + multiple jobs

Many Melbourne workers juggle multiple casual roles (hospitality, construction labouring, admin shifts, warehouse work, aged care, and more).
Even if you have more than one job, you can still have a valid WorkCover claim for an injury arising from one employment — but it’s crucial to be clear about:

• Where the injury happened
• Which employer the claim relates to
• How the injury impacts your capacity across all jobs

Contractors: When You Can (and Can’t) Claim WorkCover

“Contractor” is a label people use for lots of different working arrangements:
sole traders with an ABN, subcontractors on a construction site, freelancers, and people engaged through labour hire or agencies.
The key point is: WorkCover coverage isn’t decided by the label (“contractor” vs “employee”)—it’s decided by whether you fall within the scheme’s definition of “worker” (including categories that are deemed to be workers). :contentReference[oaicite:5]{index=5}

WorkSafe also explains that an employer’s “worker” can include a contractor or subcontractor in some circumstances, and that determining whether someone is a worker requires looking at the whole working arrangement—not just what the contract says. :contentReference[oaicite:6]{index=6}

Two common pathways for contractor coverage

1. You’re actually a worker at common law (even if paid as a “contractor”), based on how the relationship operates in practice.
2. You are a “deemed worker” under the WIRC Act provisions (for example, certain contractor arrangements captured by Schedule 1). :contentReference[oaicite:7]{index=7}

If neither applies, you may be genuinely self-employed and not covered by WorkCover in the same way (though other options like insurance, public liability, income protection, TAC, or common law pathways may apply depending on circumstances).

The Big Concept: “Deemed Workers” (Why Some Contractors Are Treated as Workers)

Victorian workers’ compensation law includes categories of people who are treated as workers even if they don’t fit the traditional employee model.
WorkSafe’s claims manual explains that a deemed worker is a person who is treated as a worker and therefore entitled to claim compensation. :contentReference[oaicite:8]{index=8}

The WIRC Act contains a Schedule (Schedule 1) setting out “persons deemed to be workers” and other interpretative provisions. :contentReference[oaicite:9]{index=9}

Without getting too deep into legal drafting, the practical outcome is:
some contractor arrangements are captured so that the principal (or hirer) is treated like an employer for WorkCover purposes.
This is also reflected in national comparative tables that note that, in Victoria, individual contractors are generally not covered unless they are a deemed worker under the relevant Schedule provisions. :contentReference[oaicite:10]{index=10}

Why “deemed worker” rules exist

These rules exist because some industries rely heavily on contracting structures where the worker is still economically dependent on a principal, still subject to direction, and still exposed to workplace risks—despite being paid through invoices or ABNs.
The scheme aims to protect people who are functionally workers, even if the paperwork looks different.

Labour Hire, On-Hire, and Agency Workers

Labour hire can look like contracting from the worker’s point of view (different sites, different host businesses, short stints), but legally it often operates like employment—just with a labour hire agency as the employer.

WorkSafe recognises that “worker” questions can include contractors and subcontractors in premium and scheme contexts, and labour hire arrangements are commonly captured as employer/worker relationships depending on how the arrangement is structured. :contentReference[oaicite:11]{index=11}

In many labour hire setups:

• The labour hire agency is the employer for WorkCover purposes.
• The host employer controls day-to-day tasks and site safety.
• If you’re injured, your claim is generally made through the labour hire employer’s WorkCover policy.

If you’re unsure who to claim against, payslips, onboarding documents, timesheets, and who pays your wages are usually the best starting points.

ABN, Sole Trader, Pty Ltd: Does the Business Structure Matter?

People often assume:
“If I have an ABN, I can’t claim WorkCover.”
“If I invoice through my company, I’m definitely not covered.”

It’s not that simple.
WorkSafe’s guidance on who is and isn’t your worker for WorkCover purposes explicitly notes that a “worker” can include contractors or subcontractors and lists arrangements involving sole traders, partnerships, companies, and trusts. :contentReference[oaicite:12]{index=12}

That tells you something important: structure alone doesn’t decide it.
The real question is whether the person is treated as a worker under the scheme, which can involve:

• The whole working arrangement (control, integration, expectation of personal service)
• Whether you can delegate/subcontract the work
• Whether you’re running a true business with multiple clients and commercial risk
• Whether you fall within deemed worker provisions

Incorporated contractors

Some contractors work through a Pty Ltd for tax or commercial reasons.
That can add complexity, especially in premium and “who is the worker” assessments.
WorkSafe has published guidance materials (including flowcharts) to help determine whether a contracted individual counts as a worker for WorkCover premium purposes. :contentReference[oaicite:13]{index=13}

While premium rules and claim rules are not always identical in every detail, the same big-picture theme applies: the paperwork is not the full story.

Gig Economy and Platform Work (Delivery, Rideshare, Freelancers)

Gig work is one of the fastest-growing sources of confusion. People are often told they are “independent contractors,” but the day-to-day reality may include:

• Platform rules and ratings
• Set processes for jobs
• Limited bargaining power
• Income dependence on one platform

Whether a gig worker can claim WorkCover in Victoria depends on their legal status under the scheme and the facts of the arrangement.
There isn’t one universal answer that applies to every platform or every role.

If you’re in this category and injured, it’s still worth getting advice quickly, because you may have multiple possible pathways:
workers’ compensation (if you qualify as a worker), TAC (for road-related incidents), public liability, or common law depending on the event and who was at fault.
The correct pathway depends on the details.

Common Scenarios (Covered vs Disputed)

Scenario 1: Casual retail worker injures back lifting stock

Generally straightforward: you’re employed, you’re a worker, injury happened doing work.
The key is early reporting and medical evidence.
WorkSafe’s general guidance treats casual employment as covered for WorkCover insurance purposes. :contentReference[oaicite:14]{index=14}

Scenario 2: Subcontractor on a construction site falls from a ladder

This can be covered, but may become a “worker vs contractor” assessment if the principal disputes responsibility.
Evidence that you were expected to perform work personally, worked mainly for one principal, were directed on site, or fall under deemed worker provisions can be crucial. :contentReference[oaicite:15]{index=15}

Scenario 3: Labour hire warehouse worker is injured at host site

Often covered via the labour hire employer’s policy; the host site may still have safety duties, but the claim pathway is usually through the labour hire employer.
Documentation showing your employer relationship (payslips, contract, onboarding) matters. :contentReference[oaicite:16]{index=16}

Scenario 4: ABN courier with one main client has a repetitive strain injury

These claims can be disputed because the client may say you’re “just a contractor.”
The outcome often turns on whether the relationship is really independent business-to-business or functionally employment-like, or whether deemed worker provisions apply. :contentReference[oaicite:17]{index=17}

Scenario 5: Genuine independent business owner with multiple clients is injured

If you’re truly self-employed and not captured as a deemed worker, WorkCover may not apply in the usual way.
In that case, your options may involve private insurance and other legal pathways, depending on how the injury happened.

What To Do After an Injury (Practical Step-by-Step)

Whether you’re casual, labour hire, or a contractor, the early steps matter. Here’s a practical checklist:

1) Get medical care and document the injury

See a GP as soon as you can, explain what happened at work, and ask for medical documentation if you need time off or have reduced capacity.
If your claim is accepted, WorkSafe explains that weekly payments generally require a valid certificate of capacity covering time off work. :contentReference[oaicite:18]{index=18}

2) Report the injury to the person/entity you were working for

Tell your supervisor/manager/site contact and follow up in writing (email or message).
Early reporting reduces disputes about timing and causation, particularly for gradual-onset injuries.

3) Identify who your “employer” is for WorkCover purposes

Ask yourself:

• Who pays me (wages vs invoices)?
• Who withholds tax or super (if anyone)?
• Who sets my hours and directs my work?
• Am I labour hire (agency) working at a host?
• Do I mainly work for one principal?

If you’re unsure, don’t guess—gather documents first (payslips, contracts, onboarding emails, timesheets).

4) Lodge a claim (and keep copies)

Lodging a claim typically involves forms, medical certificates, and employer/agent processing steps.
If you’re a casual, the employer path is usually clear.
If you’re a contractor, you may need help working out who the correct “employer” is within the scheme framework.

5) Keep receipts and treatment records

If accepted, WorkCover may cover treatment expenses and support payments depending on eligibility.
The admin side gets much easier if you keep a simple folder of invoices, receipts, appointment notes, and reports. :contentReference[oaicite:19]{index=19}

Evidence That Helps Your Claim (Especially if You’re “A Contractor”)

When contractors have claims disputed, it often comes down to evidence about the real working relationship.
WorkSafe highlights that you need to review the whole working arrangement (not just the contract wording) when assessing whether an individual is an employee or contractor/subcontractor for WorkCover purposes. :contentReference[oaicite:20]{index=20}

Helpful evidence includes

• Proof of direction/control: messages instructing you where to be, what to do, how to do it
• Rosters and timesheets: showing ongoing engagement rather than one-off projects
• Equipment and uniform: if the principal provides tools, PPE, branding, or requires you to present as part of their business
• Exclusivity or dependence: evidence you mainly work for one principal and don’t have a separate market
• Invoicing patterns: regular weekly invoices that look like wages by another name
• Delegation reality: whether you can truly subcontract the work (or whether you are expected to perform it personally)
• Site induction and policies: indicating integration into the principal’s operations
• Witness statements: supervisors or co-workers who can confirm how the relationship operated

Also note: WorkSafe publishes a contractor guideline flowchart to help determine whether an individual contracted with counts as your worker for WorkCover premium purposes—useful as a practical lens on the “whole arrangement” approach. :contentReference[oaicite:21]{index=21}

What WorkCover Can Pay For in Victoria

If your claim is accepted, WorkCover may provide a range of benefits depending on your medical evidence and capacity.
WorkSafe explains that weekly payments can be paid for accepted claims until you can return to pre-injury work (or other work with similar earnings), and you generally need a valid certificate of capacity for time off work. :contentReference[oaicite:22]{index=22}

Common entitlements (depending on eligibility)

• Weekly payments if you have reduced capacity for work :contentReference[oaicite:23]{index=23}
• Reasonable medical and treatment expenses (subject to rules and approvals)
• Rehabilitation and return-to-work support
• Other benefits in more serious cases, depending on the injury and how it progresses

Your job is to be consistent, timely, and medically supported. If you’re casual or contractor, the scheme still runs on the same foundations: credible evidence + proper medical documentation + clear work connection.

If Your Claim Is Rejected or Disputed

If a claim is rejected, it doesn’t automatically mean the injury wasn’t real. Common reasons include:

• Worker status disputed (especially for contractors): “You’re not our worker.” :contentReference[oaicite:24]{index=24}
• Work connection disputed: “This didn’t happen because of work.”
• Insufficient medical evidence: “No certificate / unclear diagnosis / no capacity evidence.” :contentReference[oaicite:25]{index=25}
• Late reporting or inconsistent incident accounts

Disputes often improve with:

• Better evidence about the working relationship (control, integration, dependence)
• Clear medical reporting and capacity documentation
• Legal advice early, before you submit inconsistent explanations or accept an incorrect categorisation

If you’re a contractor, don’t underestimate how important it is to frame the relationship accurately.
“I’m a contractor” might be true for tax purposes, but the WorkCover question is: are you a worker (including a deemed worker) under the scheme? :contentReference[oaicite:26]{index=26}

FAQ’s

Are casual workers covered by WorkCover in Victoria?

Generally, yes. WorkSafe states that anyone you employ is considered a worker for WorkCover insurance purposes, including workers employed on a casual basis. :contentReference[oaicite:27]{index=27}

If I have an ABN, can I still make a WorkCover claim?

Sometimes. Having an ABN doesn’t automatically exclude you.
The scheme focuses on whether you are a “worker” under the law (including deemed worker categories) and the nature of the relationship in practice. :contentReference[oaicite:28]{index=28}

What is a “deemed worker”?

A deemed worker is a person treated as a worker for scheme purposes and therefore entitled to claim compensation.
The WIRC Act includes Schedule provisions about people deemed to be workers. :contentReference[oaicite:29]{index=29}

If I’m labour hire, who do I claim through?

Often, it will be your labour hire agency/employer rather than the host worksite, but the correct answer depends on your documents and who employs you in the arrangement.
Start with who pays you and what your onboarding documents say. :contentReference[oaicite:30]{index=30}

What if my principal says I’m “not their employee” so they’re not responsible?

Employment labels aren’t decisive. WorkSafe guidance emphasises reviewing the whole working arrangement, and some contractors can be included as workers for WorkCover purposes. :contentReference[oaicite:31]{index=31}

What benefits can I get if my claim is accepted?

WorkSafe explains that weekly payments can be paid for accepted claims until you can return to suitable work, and you generally need a valid certificate of capacity for time off work. :contentReference[oaicite:32]{index=32}

Final Thoughts

In Victoria, casual workers are generally covered by WorkCover, and many “contractors” can also be covered if they meet the scheme’s definition of worker—especially where deemed worker provisions apply.
The biggest trap is assuming the label on your contract ends the conversation. WorkSafe’s own guidance stresses that the whole working arrangement matters, and that contractors/subcontractors can be included as workers in some circumstances. :contentReference[oaicite:33]{index=33}

If you’ve been injured and you’re being told “you’re not covered because you’re casual” or “you’re not covered because you’re a contractor,” it’s worth getting advice quickly—especially before you provide statements that lock you into an inaccurate framing of the relationship.

Recommendation (Melbourne, Victoria):
If you want help understanding your WorkCover options—particularly if worker status is disputed—consider speaking with
Hymans Legal.
Phone: 1300 667 116