Overseas workers

Workers from Victoria working overseas

When a Victorian worker, is required to perform work overseas for their employer then the issue of their coverage arises. If a Victorian worker is injured while working overseas they have the same entitlement to compensation from their employer's WorkCover insurance that they would if they were injured in Victoria.

Even when the worker is performing work in an overseas jurisdiction and they remain "connected" to their employer's Victorian WorkCover insurance the employer should check to identify if they will have any workers' compensation insurance obligations specific to the jurisdiction the worker is in.

If a Victorian employer hires a worker to work for them in an overseas jurisdiction, or jurisdictions, and they do not perform work for them in Victoria (either before or after their overseas work), then they will not be covered by the employer's Victorian WorkCover insurance. Employers that hire workers to work for them overseas should establish their workers' compensation insurance obligations with the relevant authority.

Workers from overseas working in Victoria

Where an employer that is based overseas sends a worker from their overseas location to perform work for them in Victoria the interstate workers test should be used to identify if they will be recognised as a Victorian worker for the duration that they will be working in Victoria. If the test identifies the worker as a Victorian worker the employer may have an obligation to register for WorkCover insurance. This remains the case if the overseas worker is working at the workplace of a client, a host employer, or a related company while working in Victoria.

If a Victorian employer is "hosting" a worker from overseas, because they are providing services to them under a contractual arrangement; they are working collaboratively with them; or they are the worker of a parent company or other related entity, the workers' compensation insurance obligation will remain with their employer.

If a Victorian employer hires a worker from overseas to work for them in Victoria, or in another Australian state or territory, the employer should refer to the interstate workers guideline to determine the appropriate jurisdiction where coverage obligations may exist.

For specific enquiries relating to workers working overseas or coming from overseas contact WorkSafe on 1800 136 089 (toll free) or email [email protected].