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February 14, 2018

Disclosing WorkCover claims in a job application

Does a worker with a WorkCover claim, present or past, have to disclose this on any job application?

Generally, it is preferable for an employer not to require a prospective employee to provide such information unless it would preclude the employee from performing the inherent requirements of the job. There is a risk that such questions could lead to a discrimination complaint.

However, in Victoria, an employer is able to ask a prospective employee to disclose any pre-existing injuries that may be affected by the nature of the proposed employment. If an employee fails to disclose such injuries (or gives misleading or false information in relation to such injuries), then the employee may not be entitled to compensation for an aggravation/exacerbation of the injury.

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