Injured While Working in Someone’s Home? Your WorkCover Rights in Victoria

Slipped on a wet floor while caring for a client? Hurt your back lifting equipment at a customer’s house? These injuries are more common than you might think. Thousands of Victorian workers are injured each year while working in private homes, and many don’t realise they’re entitled to WorkCover support, regardless of whose property the accident happened on.

If you’re injured working in someone’s home in Victoria, you have the same WorkCover rights as someone injured in a traditional workplace. Your claim isn’t affected by the location of your injury – what matters is that you were performing work duties when it happened.

Quick Answer: Your WorkCover Rights 

• You’re covered by WorkCover if injured while performing work duties in any location, including client homes
• Your employer must lodge a WorkCover claim within 30 days of being notified
• You can access immediate benefits, including medical expenses, lost wages (typically 95% of your pre-injury earnings), and rehabilitation support
• The client’s insurance isn’t involved in your WorkCover claim — your employer’s WorkCover policy covers you
• You may have multiple compensation pathways, including WorkCover benefits and potentially a common law claim

Who’s Covered by WorkCover When Working in Private Homes?

If you’re injured working in someone’s home in Victoria, WorkCover applies to you as a mobile worker. This includes:

• Home Care and Support Workers: NDIS support workers, aged care workers, disability support workers, personal care attendants, and respite carers who assist clients with daily tasks, personal care, or mobility support.
• Tradespeople and Contractors: Plumbers, electricians, builders, carpenters, painters, HVAC technicians, and gardeners who visit residential properties to perform repairs, installations, or maintenance work.
• Cleaning and Domestic Workers: House cleaners, domestic workers, window cleaners, carpet cleaners, and pest control workers who provide services in private residences.
• Health Professionals: Community nurses, physiotherapists, occupational therapists, speech pathologists, dietitians, and podiatrists who deliver healthcare services in clients’ homes rather than clinical settings.

Your employment status determines your coverage. If you’re an employee (casual, part-time, or full-time), you’re automatically covered under your employer’s WorkCover policy. Independent contractors and sole traders need their own WorkCover insurance — check with WorkSafe Victoria if you’re unsure about your status.

Common Injuries When Working at a Client’s Property

Mobile worker injury compensation in Victoria claims frequently involve these scenarios:

Slips, Trips and Falls

Wet floors after cleaning, cluttered walkways, poor lighting in hallways, uneven surfaces on driveways or paths, loose mats or rugs, and stairs without proper handrails. A home care worker’s injury rights in Victoria (and their risks) are the same as those who work in hospitals or other facilities.

Manual Handling Injuries

Lifting or moving clients during personal care, transferring equipment like wheelchairs or hoists, moving furniture for cleaning or repairs, carrying heavy tools or materials, and repetitive bending or reaching tasks that strain your back, shoulders, or knees.

Dog Attacks and Animal Injuries

A tradesperson injured on client property could be bitten by an unsecured dog while entering the backyard, or an NDIS worker might be scratched by a client’s cat during a support visit.

Electrical and Burn Injuries

Faulty appliances or wiring in the client’s home, exposed electrical outlets, gas leaks, or hot water systems without proper safety guards – particularly hazardous for electricians, plumbers, and maintenance workers.

Violence and Aggression

Support workers may face physical assault from clients experiencing behavioural issues, dementia, or mental health episodes. These injuries fall under a WorkCover claim working at client’s house, just like physical accidents.

Your Immediate Steps After Being Injured

1. Report your injury to your employer within 30 days, but ideally straight away. Your employer then has 30 days to lodge your WorkCover claim with their insurer. Don’t wait for your employer to act before seeking medical treatment.
2. See a doctor immediately, even for seemingly minor injuries. Tell your GP this is a work injury and ask them to complete a WorkCover medical certificate. This documents your injury and establishes the link between your work duties and the harm you’ve suffered.
3. Document everything about the incident. Take photos of the hazard that caused your injury, write down exactly what happened while it’s fresh in your memory, get contact details from any witnesses (including the client if appropriate), and keep copies of all medical reports, certificates, and correspondence with your employer.
4. Keep all receipts related to your injury, including medications, medical appointments, travel to treatment, and any other expenses directly caused by your workplace accident.

WorkCover Benefits You Can Access

WorkCover provides several types of support when you’re injured working in someone’s home, even before your claim is formally accepted in most cases. For more information, learn about who can get WorkCover benefits 

Medical and Treatment Costs

All reasonable medical expenses are covered, including GP visits, specialist consultations, physiotherapy, surgery, medications, diagnostic tests like X-rays or MRIs, and assistive equipment such as crutches or braces.

Lost Wages

You’ll receive weekly payments if you can’t work or have reduced hours due to your injury. Most workers receive 95% of their pre-injury weekly earnings for the first 13 weeks, then 80% from week 14 to 130 (with some exceptions). These payments continue while you’re unable to work, subject to work capacity assessments.

Rehabilitation and Return to Work Support

WorkCover funds occupational rehabilitation, return to work programs, workplace modifications, and retraining if you can’t return to your previous role. Your employer has legal obligations under the employer’s OHS duties in Victoria to support your safe return to work.

Lump Sum Payments

If you have a permanent impairment from your injury, you may be entitled to impairment benefits – a one-off payment based on the severity and permanence of your injury.

Can You Claim Against the Client as Well?

Yes, potentially. You might have two separate compensation pathways: WorkCover through your employer’s insurance, and a public liability claim against the property owner.

A tradesperson injured on client property might pursue both claims if the client failed to maintain safe premises. For example, if they didn’t fix a broken step they knew was dangerous, or failed to warn you about a known hazard like a loose floorboard.

The key difference: WorkCover is a no-fault system that provides benefits regardless of who caused the accident, while a public liability claim requires proving the client was negligent. You can access WorkCover benefits immediately, but a negligence claim against the client takes longer and requires evidence that they breached their duty of care.

Some workers also qualify for a common law claim against their employer if serious negligence contributed to the injury. Understanding the difference between WorkCover benefits claims and common law damages claims helps you know all your options.

What If Your Employer Disputes Your Claim?

Employers or their WorkCover insurers sometimes dispute claims, arguing the injury didn’t happen at work or isn’t serious enough to warrant compensation. This doesn’t mean you’re not entitled to support.

You have appeal rights through WorkSafe Victoria’s conciliation process. If conciliation doesn’t resolve the dispute, you can escalate to the Medical Panel for medical questions or the Magistrates’ Court for legal disputes about your entitlement.

Don’t try to navigate a disputed claim alone. WorkCover disputes involve strict deadlines – missing a deadline can permanently affect your entitlement to benefits.

When to Get Legal Help

You should speak with a WorkCover lawyer if:

• Your claim has been rejected or disputed
• Your weekly payments have been reduced or stopped without explanation
• Your employer is pressuring you to return to work before you’re medically cleared
• You’ve suffered a serious or permanent injury
• You’re unsure whether you can claim against both WorkCover and the client

HCA Lawyers has helped hundreds of Victorian workers recover the compensation they deserve after WorkCover accidents. We understand how injuries sustained while working in clients’ homes create unique challenges – you might feel pressure not to “cause trouble” for the client, or worry about losing future work if you make a claim.

Your rights don’t change based on where you were injured. If you were hurt performing work duties, you deserve proper support and compensation, whether that happened in an office, a factory, or someone’s living room.

Our experienced WorkCover lawyers provide clear, honest advice about your entitlements and handle the entire claims process so you can focus on recovery. We work on a no-win, no-fee basis for most WorkCover claims. Contact HCA Lawyers today for a confidential discussion about your situation.