Australian Principals Federation

Changes to WorkCover  

On 31 March 2024, significant changes to Victoria's WorkCover scheme came into effect under the Workplace Injury Rehabilitation and Compensation Amendment (WorkCover Scheme Modernisation) Act 2023. These changes have introduced new criteria and restrictions that impact workers' compensation, particularly in the areas of mental injury claims and ongoing weekly payments for long-term injuries.

 

Key Changes:

 

Mental Injury Claims:

  • Stricter Definition: The definition of a mental injury has been tightened. Now, for a claim to be eligible, the mental injury must cause significant behavioural, cognitive, or psychological dysfunction and must be diagnosed according to the Diagnostic and Statistical Manual of Mental Disorders (DSM).
     
  • Predominance of Employment: The mental injury must be predominantly caused by the worker's employment, meaning work must be the most significant contributing factor. This change means that if a mental injury is equally caused by non-work-related factors, the worker may not be eligible for compensation.
     
  • Exclusions: Stress or burnout from typical work duties no longer qualifies for compensation. However, mental injuries resulting from bullying, harassment, or traumatic events are still eligible for claims.

 

Weekly Payments Beyond 130 Weeks:

  • New Eligibility Criteria: Workers seeking to continue receiving weekly payments after 130 weeks must now demonstrate that they have a Whole Person Impairment (WPI) of 21% or more. Previously, workers only needed to prove that they had no current work capacity and that this incapacity was likely to continue indefinitely. This additional requirement is a significant hurdle for many injured workers.

 

These changes aim to ensure the sustainability of the WorkCover scheme but have raised concerns about reducing the rights and benefits available to injured workers​. 

 

Navigating the complexities of submitting a WorkCover claim can be a stressful and challenging experience. Understanding the procedures, meeting deadlines, and ensuring all required documentation is accurate can add to the pressure.  We can provide you with the necessary guidance and support and please don’t hesitate to reach out if you require any help or have any questions along the way.