Can My Employer Fire Me for Making a WorkCover Claim?

If you've lodged a WorkCover claim and suddenly find yourself being treated differently — or even facing dismissal — you're not alone in asking this question. The short answer? No, your employer is not allowed to dismiss you just because you've exercised your legal right to claim workers' compensation. Doing so may be a breach of the Fair Work Act, specifically under the general protections provisions.

The law protects employees from what's called adverse action when they exercise a workplace right. Lodging a WorkCover claim is one of those rights. The moment an employer takes negative action against you — whether that's dismissal, demotion, a reduction in hours, or any other detriment — because you made that claim, they may be engaging in unlawful conduct.

Importantly, the general protections laws reverse the burden of proof. That means if you lodge a general protections application, it's the employer who must prove they did not take action because of your claim. This is a powerful legal safeguard. But it also makes timing and evidence crucial. If the employer starts acting against you soon after your WorkCover lodgement, it can be very hard for them to argue the two things are unrelated.

That said, not every dismissal will be unlawful. For instance, if an employer can show that your dismissal was due to unrelated misconduct or serious performance concerns — and that these issues were addressed fairly, with proper procedures — they may avoid liability. However, if you can demonstrate that your injury or claim was even part of the reason for your dismissal, you may have a strong case.

General protections claims must be filed quickly. You have only 21 days from the date of dismissal to apply to the Fair Work Commission. Waiting too long can extinguish your rights. Workers should not be punished for asserting their health and safety. If you’ve been sacked or threatened after making a WorkCover claim, don’t assume it’s just bad luck or poor timing. It could be unlawful — and it’s worth getting advice immediately.