Can I Be Fired for Making a WorkCover Claim in Victoria?

One of the most common fears among injured workers in Melbourne and across Victoria is this: “If I lodge a WorkCover claim, can my employer fire me?” The worry is understandable. When you’re already dealing with an injury, pain, stress or financial pressure, the last thing you want is to lose your job for simply doing the right thing.

The good news is that Victorian law offers strong protections for injured workers. Your employer cannot legally sack you because you’ve made a WorkCover claim, and doing so is not only unfair — it’s unlawful. But the reality is that some employers behave poorly, misunderstand their obligations, or try to pressure workers into withdrawing claims.

This comprehensive guide explains your legal protections, your employer’s obligations, what can and cannot happen, and what to do if you feel targeted, bullied, or mistreated after lodging a WorkCover claim. If you’re unsure or anxious about your situation, this article will help you feel more confident, informed and supported.

Table of Contents

• 1. Your Legal Protection Under Victorian WorkCover Law
• 2. Is It Unlawful to Fire Someone for Making a WorkCover Claim?
• 3. What Employers Are Allowed to Do — and What They’re Not
• 4. Things Your Employer Cannot Do After You Make a WorkCover Claim
• 5. Can I Still Be Fired for Other Reasons?
• 6. What If I Can’t Return to My Pre-Injury Role?
• 7. The Employer’s Duty to Provide Suitable Duties
• 8. Signs Your Employer Is Pressuring You (and What to Do)
• 9. Workplace Bullying or Retaliation After Lodging a Claim
• 10. What If the Employer Restructures the Business?
• 11. The 52-Week Protection Period — What It Means
• 12. Can I Claim Unfair Dismissal or Discrimination?
• 13. When Should You Speak to a WorkCover Lawyer?
• 14. Final Thoughts — Where to Get Help

1. Your Legal Protection Under Victorian WorkCover Law

Victorian law is very clear: You cannot be dismissed for making a legitimate WorkCover claim.

The Workplace Injury Rehabilitation and Compensation Act 2013 (WIRC Act) — the main legislation governing WorkCover — specifically protects workers from dismissal, discrimination and adverse action for lodging or intending to lodge a claim.

This means your employer cannot:

• threaten you for making a claim
• sack you because you lodged a claim
• treat you differently because of your injury
• pressure or intimidate you into withdrawing your claim
• reduce your hours or demote you because of the claim

These protections apply whether you are full-time, part-time, casual, a trainee, apprentice, labour-hire worker or long-term employee.

2. Is It Unlawful to Fire Someone for Making a WorkCover Claim?

Yes. It is unlawful for an employer to terminate you because you exercised your legal right to claim WorkCover.

If an employer dismisses you because you lodged a claim, it may amount to:

• unlawful dismissal
• adverse action under employment law
• disability discrimination
• a breach of the WIRC Act

If your employer fires you after you’ve made a claim — or even threatens to — seek legal advice immediately. You may have strong grounds for reinstatement, compensation or legal action.

3. What Employers Are Allowed to Do — and What They’re Not

Your employer does have rights, but they are limited and heavily regulated.

Employers CAN:

• ask for medical certificates
• request information about your capacity to work
• offer modified or suitable duties
• manage performance unrelated to your injury
• run normal business operations

Employers CANNOT:

• sack you for making a claim
• threaten your job because of the claim
• pressure you into returning to work early
• refuse to provide suitable duties when available
• treat you differently because of your injury
• reduce your hours as punishment

If they do any of the above, that’s improper and potentially unlawful conduct.

4. Things Your Employer Cannot Do After You Make a WorkCover Claim

Here are specific behaviours that are illegal or highly improper under Victorian law:

• Dismissing you because you made a claim
• Cutting shifts or hours in retaliation
• Demoting you due to your injury
• Pressuring you to withdraw your claim
• Bullying, harassing, isolating or mistreating you
• Failing to lodge your claim form with the insurer
• Denying your right to modified duties
• Threatening to fire you if you don’t come back full-time

If you experience any of these behaviours, you should document everything and speak to a WorkCover lawyer immediately.

5. Can I Still Be Fired for Other Reasons?

Yes — but WorkCover must NOT be the reason.

You can be dismissed for legitimate reasons such as:

• serious misconduct
• business closure
• restructuring or redundancy (if genuine)
• poor performance that is not related to your injury
• refusing to comply with lawful and reasonable directions

However, if WorkCover is even part of the reason behind the dismissal, the employer may be breaking the law.

6. What If I Can’t Return to My Pre-Injury Role?

If your injury means you cannot return to your old duties, your employer still has obligations.

The law requires employers to:

• help you return to work
• provide suitable or modified duties (if available)
• consult with you and your doctor
• not discriminate against you

If your role requires heavy lifting, working at heights, night shifts or other tasks your doctor has restricted, your employer must explore alternative arrangements.

7. The Employer’s Duty to Provide Suitable Duties

Your employer must offer “suitable duties” if they exist. Suitable duties are tasks that:

• match your current medical capacity
• don’t put you at risk of reinjury
• are productive and useful
• support your recovery

These duties might include:

• light lifting
• administrative work
• shorter shifts
• modified equipment
• alternative tasks

Your employer doesn’t need to create new jobs out of thin air — but they can’t refuse suitable duties if they actually exist.

8. Signs Your Employer Is Pressuring You (and What to Do)

Some employers become uncomfortable or frustrated when a worker lodges a WorkCover claim. Pressure can be subtle or obvious. Common red flags include:

• comments like “Are you sure you want to do a claim?”
• sudden scrutiny or nitpicking of your performance
• being excluded from meetings or social interactions
• shifts being cut once you lodge a claim
• being treated differently to other employees
• pressure to return to full duties too early
• intimidation or guilt-tripping

If you feel targeted, document everything. Keep emails, messages, rosters and notes of conversations. These records can be invaluable if a dispute arises.

9. Workplace Bullying or Retaliation After Lodging a Claim

Bullying or retaliation after lodging a WorkCover claim is unlawful. Examples include:

• mocking your injury
• isolating you from your team
• aggressive comments or behaviour
• assigning meaningless or punitive duties
• questioning your honesty
• spreading rumours

Bullying not only harms your mental health — it can strengthen your legal case if the employer later takes action against you.

10. What If the Employer Restructures the Business?

Redundancy can still happen, even while on WorkCover, but it must be genuine.

A redundancy is genuine if:

• your position no longer exists
• the business is restructuring
• you are not replaced by someone else doing the same job

If you’re made redundant but someone else takes your duties — especially after lodging a claim — that is a major red flag.

11. The 52-Week Protection Period — What It Means

In Victoria, there is a key legal rule: Your employer cannot dismiss you within 52 weeks (one year) of you being unable to work due to a work-related injury.

This applies if:

• you’re on WorkCover
• you have medical certificates saying you have no capacity
• you are not medically fit for your pre-injury duties

After 52 weeks, dismissal may become possible if:

• you are still unfit for your old job
• no suitable duties are available
• you cannot return to work safely

However, employers must follow strict processes — and dismissal still cannot be because you lodged a claim.

12. Can I Claim Unfair Dismissal or Discrimination?

If you’re fired for lodging a WorkCover claim, you may be eligible for:

• Unfair dismissal compensation
• General protections (adverse action) claims
• Discrimination claims
• WorkCover-related legal action

Strict time limits apply to these claims, so act quickly if unfair dismissal occurs.

13. When Should You Speak to a WorkCover Lawyer?

You should seek legal advice if:

• your employer threatens to fire you
• your hours are cut after lodging a claim
• your employer pressures you to return to work early
• your claim is rejected
• you experience bullying or retaliation
• you are dismissed while on WorkCover
• you are unsure of your rights

A WorkCover lawyer can help by:

• explaining your legal rights
• protecting you from unlawful dismissal
• dealing with your employer on your behalf
• challenging unfair decisions
• representing you in disputes

14. Final Thoughts — Where to Get Help

Lodging a WorkCover claim should never cost you your job. Victorian law protects you from being fired, discriminated against or treated unfairly because of a workplace injury or illness. Your employer must follow strict obligations regarding your return to work, medical restrictions and ongoing employment.

If you’re worried about being dismissed or if your employer is behaving in a way that feels inappropriate, intimidating or retaliatory, getting expert advice early can protect your job, your income and your wellbeing.

For professional, supportive and experienced WorkCover legal advice, contact Hymans Legal.

Hymans Legal represents injured workers across Melbourne and Victoria, helping them secure their rights, pursue compensation and fight back against unfair dismissal or discrimination.

Phone: 1300 667 116

If you feel unsure, stressed or unsafe at work after lodging a claim, don’t face it alone — reach out for expert support today.