Calls to include ‘intentional assault’ under WorkCover

Wednesday 28 November 2018
Lisa Paul

A joint submission has been made to the Attorney-General which outlines a clear inconsistency in Victorian Law which deters intentionally assaulted employees from suing for compensation.

As it currently stands, the Workplace Injury Rehabilitation and Compensation Act 2013 (Vic) legislation requires a person who is intentionally assaulted at work to prove that they have a serious injury before they can sue for compensation.  In contrast, a person who is intentionally assaulted outside their workplace can sue without proving serious injury.

People who are affected by this unfair law include:

(a)          a worker who is sexually assaulted by, say, a manager in the workplace;

(b)          a bank teller who is assaulted in the course of a robbery;

(c)           a health worker who is assaulted by a vengeful patient or relative of a patient;

(d)          a teacher who is assaulted by a student or a parent of a student; and

(e)          a security guard who is assaulted at a public venue.


Proposed amendments to the law will allow victims of an intentional workplace assault to recover damages against the perpetrator(s) who assaulted them without proving serious injury. 

If the injured person opts to sue their employer for negligence they will still need to meet the serious injury threshold test.  

For more information, or to discuss your WorkCover claim, call the experts at Adviceline Injury Lawyers on (03) 9321 9988.

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