Melbourne council facing legal action for failing to submit WorkCover claim

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A Melbourne council has faced court over its failure to file a WorkCover claim for an injured employee. This case highlights why timely claims processing remains essential for organisations managing workplace injuries.

The council received its sentence in the Heidelberg Magistrates' Court last week after admitting guilt to a single charge of failing to submit a worker's compensation claim to WorkSafe within 10 days of receiving it.

The court gave the council a 12-month adjourned undertaking without conviction and directed it to remit $2,500 to the court fund in addition to costs of $1,500.

Why This Legal Action Matters for Employers

Return to Work Victoria Executive Director Jason Lardelli said employers must not neglect the care of injured workers.

"No one should ever be injured at work, but if the worst does happen, employers must ensure they meet their obligations to support injured workers," Mr Lardelli said.

This legal action against the Melbourne council serves as a reminder that regulatory bodies actively pursue compliance failures. Organisations across construction, manufacturing, and healthcare sectors should treat this case as a benchmark for reviewing their own claims submission processes, since delays can expose employers to similar legal consequences.

Key Obligations for Managing WorkCover Claims

Employers have a legal duty to submit worker's compensation claims within strict timeframes. Missing these deadlines by even a few days can trigger regulatory action, as demonstrated in this case.

• Submit claims to WorkSafe within 10 days of receipt
• Maintain accurate records of injury reports and claim submissions
• Support injured staff throughout the recovery and return-to-work process
• Review internal procedures regularly to avoid compliance gaps

Failing to meet these obligations doesn't just risk court proceedings — it undermines trust between employers and their workforce. Businesses seeking guidance on strengthening internal processes may find value in reviewing related coverage, such as WorkSafe begins legal action for two mining deaths, which outlines how regulators respond to serious compliance breaches.

For organisations wanting to stay ahead of premium changes affecting claims management, our article on the WorkCover premium remaining unchanged for 2025-26 offers useful context on cost implications.

Building Stronger Safety Culture

Beyond meeting minimum obligations, businesses benefit from fostering proactive safety cultures that recognise achievement alongside compliance. Employers can explore how peers are recognised through initiatives like those covered in safety champions encouraged to submit nominations for WorkSafe awards.

Robust documentation also plays a critical part in preventing disputes down the line. Employers managing equipment-heavy environments should review structured procedures such as SOPs for equipment maintenance, while those overseeing hazardous materials may benefit from SOPs for chemical handling and storage.

Fitness for work considerations remain closely tied to injury management outcomes. Our fitness for work policies and procedures resource provides practical guidance for supporting worker wellbeing before issues escalate into disputes.

For more information, visit the WorkSafe Victoria website.

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