You do not lose rights to workers’ compensation simply because you are working under a visa.
All workers, whether living in Queensland permanently or working here on a visa, are entitled to a safe working environment. All workers are entitled to proper training, supervision and equipment to ensure their safety at work.
If you are a worker who is working on a work visa is injured at work in Queensland, you are entitled workers’ compensation benefits to cover costs such as medical expenses, rehabilitation expenses and lost wages.
It is important that you are aware of the conditions of your visa. For example, if you are a student, you are required to attend classes and pass your courses. If you are working outside of your visa conditions, you may be penalised for the breach.
Even if you have breached the conditions of your visa, you may still entitled to claim workers’ compensation if you are injured at work. It is important that you seek legal advice from personal injury lawyers in relation to your entitlement to compensation in Queensland.
If you are a sponsored worker and you are unable to return to work due to injury, you may be in breach of your visa conditions and your visa may be cancelled. You should contact Department of Home Affairs to let them know if you are temporarily unable to comply with your visa conditions due to injury.
Your employer cannot cancel your visa, even if you have breached your visa conditions. The only organisation that can make decisions in relation to cancellation of visas is the Department of Home Affairs.
If you are injured while employed under a visa, you should:-
- Report the injury to your employer as soon as possible.
- See medical attention for your injury.
- Be aware of your visa conditions and report to the appropriate authorities if you are unable to comply with the conditions due to a work injury.
- Contact GC Law as soon as possible for advice in relation to time limits and entitlements to medical expenses, lost wages and compensation.
