Can You Travel Overseas While on Workcover Victoria?

Can You Travel Overseas While on Workcover Victoria
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Can You Travel Overseas While On Workcover Victoria? This blog will help many injured employees obtain their rights under the Victorian WorkCover program. The employees we represent include some immigrants.

They frequently ask how leaving Australia and returning to another country may affect their WorkCover benefits. The shortened response is that, yes, entitlements would be impacted.

Certificates Of Capacity Needed Before Going On A Holiday During Workcover

If you get weekly payments, remember that you must obtain capacity certifications to continue receiving weekly payments. Unless you have reached the insurer’s consent for a longer time, these certificates have a maximum duration of 28 days. In this situation, you’ll need to decide how to obtain credentials if you’re gone for over 28 days.

You can approach the insurer in person for permission to get certificates valid for longer. They will often ask for a statement from your doctor stating that you will likely remain disabled. Or, if a doctor is available where you are travelling, ask them to issue a certificate.

Travelling abroad inevitably makes this more challenging. Alternatively, you might wait until you get home and ask the person giving you the certificates to make them retroactive.

But remember, you will only get paid if you have a valid certificate of ability. You are eligible to get back payments for any payments you missed out on because you lacked a certificate, and certificates may only be retroactively applied for a maximum of 90 days.

Letting The Insurer Know Before Travelling

You are not required to inform the insurer that you will travel abroad for legal or policy reasons. Keep in mind that relocating abroad is very different from this. If you’re relocating abroad, you must notify the insurance.

You do not need to inform the insurer if you are going to Australia. If you don’t notify the insurer, it’s conceivable that a medical examination or another WorkCover-related appointment will be scheduled during your absence. If your trip lasts more than 28 days, inform the insurer.

Other Party Cites Your Holiday If You Have A Common Law Claim

If you pursue a common law claim, the other party may use your vacation as evidence against you. One need for winning an ordinary lawsuit is demonstrating a “serious injury.” The opposing side may try to bring this up if you go on vacation, and they suspect you could be doing things that go against the limitations you’ve claimed you now experience.

Let’s take the scenario where you hurt your shoulder at work. As a result, you claim that you have lost arm strength and have problems lifting heavy objects. You claim that your ability to perform home duties, garden, or play tennis could be improved.

The other side can object if you decide to take the caravan on a trip since you could push and operate the fleet and put up the awning, for instance. However, as long as you act appropriately with what you have stated you are capable of, and if you can sufficiently explain things, you’ll be good. For instance, you may mention that a neighbour helped you move the caravan and attach it to your car or that the awning is new and simple.

workcover medical expenses feature
https://polarislawyers.com.au/legal-compass/overseas-workcover-entitlements

Another scenario can be, let’s assume you opted to take an eight-hour flight to travel abroad despite telling your physicians earlier that you can’t drive for more than an hour due to back problems. In this case, you should explain why there is a difference.

For instance, you may mention that you needed to increase your painkiller dose after arriving at your location and that you needed to have physiotherapy or massage therapy on a few occasions. Travelling will only seriously affect a common law claim if the constraints you’ve previously claimed to have do not at all correspond with the activities you did while gone.

Weekly Payment Procedures If You Travel Overseas On Workcover

The basic rule is that unless you can prove to the WorkCover insurer that you have “no current work capacity” and are expected to continue to lack it forever, you would not be eligible to claim continuous weekly payments if you stopped living in Australia.

It is advised that you take at least 8 weeks before leaving Australia to accomplish this:

  • The WorkCover insurer of your decision to depart Australia permanently.
  • Make an appointment with your doctor to discuss your ability to work and the need for medical care.
  • Ask the WorkCover insurance for pre-approval before travelling abroad for medical treatment.
  • The 28 days before your trip, get a certificate of ability.
  • Give the WorkCover insurer the contact information for your foreign physician.

The WorkCover insurer will need to assess your entitlements after you have informed them. They could ask you to undergo an independent medical examination to determine your ability to work or your need for medical care. It would be best to stay in Australia until the review is through because it can take some time.

While abroad, you are eligible for weekly payments if the WorkCover insurer determines that you cannot work and that your disability is expected to last permanently. The insurer will periodically check this once every several months. You should stay in touch with the insurer regularly and be asked to present ongoing certifications of ability in the format specified by your foreign physician.

Invalid capacity certifications won’t be accepted, and your payments will be delayed. You can appeal the WorkCover insurer’s judgment at the Accident Compensation Conciliation Service, formerly the Workplace Injury Commission, if they are not convinced that you can now work and that your disability is not expected to last permanently.

FAQs

How Long Can Someone in Victoria Remain Under Workcovery?

Most persons get a maximum of 130 weeks of WorkCover benefits. Suppose they lack capacity longer. Generally speaking, they are entitled to medical expenditures for one year following their final weekly payment.

Can You Work Somewhere Else While On Workers Compensation Australia?

If you have a WorkCover claim, you can quit your job with the company where you were injured and find other work. When your claim is pending, you are not required to continue working at the same company.

Is Travel To And From Work Covered By Workers Compensation?

Act of 2013 for Workplace Injury Rehabilitation and Compensation (Vic) mainly controls travel claims in Victoria. In Victoria, employers are often not responsible for injuries caused during the commute to and from work, in contrast to Queensland’s travel claims laws.

How Much Is Workcover Payout In Victoria?

Three times your typical weekly wages as of the day the claim of damages is approved is the highest amount that may be awarded for economic loss in a workers’ compensation claim in Victoria.

All Said And Done

Employers and workers must understand the complexity of overseas travel covered by WorkCover in Victoria. People may ensure compliance and avoid problems by following the specified rules.

A flawless planning process and a stress-free experience are made possible by keeping up with the most recent legislation, which is crucial.

When people balance their recovery and travel objectives within WorkCover Victoria’s requirements, doing so with knowledge and understanding encourages legal adherence and ensures a smooth transition.

Hi, I'm Md Abid Hasan. The owner & content editor of Travellye.com. Travellye.com is a travel blog that covers road trips, day trips, and destinations guide.

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