A worker is covered by WorkCover if performing their duties and employment is determined to be a significant contributing factor to their physical injury.
A Fly in Fly Out worker (FIFO worker) may also be able to make a journey claim in WorkCover if that worker is injured on a journey between their home and place of employment. This includes travel for the purposes of training. The journey is not considered to have started if the injury results at the place of residence or within the boundary of that residence.
As such, for FIFO workers, their journey extends from leaving their place of residence up until they reach their place of employment. A FIFO worker would be covered for a journey claim while on a commercial flight en route to their place of employment.
However, the worker needs to have started the journey without any significant delays or deviations.
Natural Incidents Connected to Class of Work
Compensation may also apply if an employer encourages an activity that the worker sustains an injury from (e.g. if a mine site has a football game and the employer encourages their workers to participate or provides a uniform.)
A FIFO worker may not make a WorkCover claim on an injury that has arisen from serious and wilful misconduct.
The injury must be work related. As such, injuries arising from smoke breaks, after work hours or activities of your own volition such as travel to pubs or food off-site may not entitle you to compensation.
Compensation for FIFO workers may not always be set in black and white. The law is a complicated process that requires the attention of an accredited specialist in personal injury to ensure the best success for a claim.