With travel conditions slowly returning to normal post the COVID-19 pandemic, Queensland has experienced the return of thousands of overseas visitors. Many of these international visitors have come to Queensland on working holiday visas to work and contribute while they enjoy the many benefits that Queensland has to offer.
Unfortunately, tragedy can strike at any moment, and many of these visa workers suffer some form of injury whilst working in Australia. The event of suffering an injury overseas can be scary and daunting as you are forced to navigate a system you are unfamiliar with. This blog aims to breakdown the basics of your entitlements to a personal injury claim as a person on a working holiday visa.
Can I make a claim if I am injured while working on a working holiday visa?
Businesses in Queensland hold a special type of insurance relating to workers compensation cover, most commonly, with WorkCover Queensland. Any worker in the state of Queensland is entitled to benefits under workers’ compensation legislation regardless of what type of visa you are on.
Under workers compensation legislation you will be entitled to a number of benefits in relation to your work-related injury. You are entitled to benefits including the covering of costs for medical treatment, lost wages, and rehabilitation expenses.
What steps should I take if I have suffered an injury?
Firstly, it is important to immediate seek medical treatment if you have suffered an injury. Following this it is important to report the injury to your employer as soon as possible. The next step is to contact an experienced personal injury legal representative who can advise you on your Workers Compensation rights and ensure you maximise your potential benefits.
Your legal representative may, in certain circumstances, recommend you pursue a common law claim for damages. This occurs in instances where the workplace is ‘at fault’ for the injury you have suffered. A common law claim for damages expands the scope of things you can claim for to include, past economic loss, future economic loss, medical expenses and care.
Visa implications
As always, it is important to be mindful of the conditions of the type of visa you are on. For instance, to ensure compliance with any requirements around the maximum hours you can work, or the need to attend and pass classes for those on student visas.
For sponsored workers, in the event that your injury has rendered you unable to return to work you may be at risk of your visa being cancelled. The Department of Homes Affairs should be contacted to advise them of your situation.
Will my employer cancel by Visa if I make a claim?
The employer of working holiday visa workers does not have the power to cancel any visa. The only entity able to cancel a visa is the Department of Home Affairs.
As mentioned, the work place should hold insurance relating to Workers’ Compensation, therefore the impact of making a claim on your workplace is minimal.
Summary
Therefore, if you are in Queensland on a visa and have suffered a workplace injury, you are entitled to the same benefits and rights as any Queensland worker. Contact a personal injury lawyer now for an initial claim assessment and to have your rights explained. Your statutory benefits and common law options will be analysed with specific, tailed advice provided to ensure you are able to best protect yourself in a precarious situation.
If you have any queries regarding the article, please contact via Free Claim Checker or email us.
