2024 Legislative Changes to WorkCover
2024 Legislative Changes to WorkCover
In 2023, the state government proposed changes to the WorkCover scheme to 'modernise' it. The proposed changes were not favourable towards injured workers and there were concerns it would lead to worse outcomes for future injured workers.
In the lead up to the changes, the IWSN and the Victorian Trades Hall Council made submissions. The IWSN also visited Parliament and met with politicians to talk about how they would be negatively impacted by the proposed changes. The IWSN and the Victorian Trades Hall also created an online petition addressed to the Victorian state government.
The changes went through in March 2024 and introduced stricter guidelines for both Whole Person Impairment (WPI) assessments and mental injury claims.
Whole Person Impairment (WPI)
A significant update requires workers receiving weekly payments to undergo a comprehensive second entitlement period review before reaching 130 weeks of payments. This review now combines an existing work capacity assessment with a new WPI evaluation to determine the degree of permanent impairment from workplace injury, or multiple injuries arising from the same event or circumstances.
To continue receiving payments beyond 130 weeks, workers must have a WPI of 21% or more and meet the existing capacity test. However, WPI assessments may not be required if injuries are not stabilised or involve progressive diseases.
The WPI assessment will be conducted by independent impairment assessors following established guidelines under the Workplace Injury Rehabilitation and Compensation Act 2013.
Support for Workers No Longer Receiving Weekly Payments
Workers no longer entitled to weekly payments will receive a 13-week notice period before payments stop. During this transition, they can access support such as:
- Psychosocial support.
- Training opportunities.
- Occupational rehabilitation.
- Assistance connecting with suitable employment.
Importantly, WPI assessments will not impact workers' access to reasonable medical and related expenses.
Mental Injury Eligibility Changes
Mental injuries are now defined for WorkCover claims as conditions that:
- Cause significant behavioral, cognitive, or psychological dysfunction.
- Are diagnosed by a medical practitioner using the latest Diagnostic Statistical Manual of Mental Disorders (DSM).
Only general practitioners or psychiatrists can make these diagnoses, and, to qualify for compensation, work must be the primary cause of the mental injury.
Notably, the changes exclude compensation for mental injuries caused by typical work-related stress or burnout, such as standard interpersonal conflicts or workload pressures. However, the legislation maintains provisions for mental injuries resulting from workplace bullying or harassment and includes special considerations for workers regularly exposed to traumatic events as part of their normal duties, such as paramedics or lawyers. These workers may still be eligible for compensation if those events result in stress or burnout. However, eligibility will depend on whether the events meet the criteria for being usual or typical for their role.
IWSN Mental Injury Definition Flowchart | Online Petition | View Related Media Here |
Scheme Modernisation (WorkSafe) |
The information on this website produced and distributed by the IWSN is of a general nature. We do our best to ensure the information is accurate and up to date, but cannot take any responsibility for any loss arising out of its use. You should not rely on it applying in your own circumstances and should always take further advice from those with appropriate qualifications.
Last updated January 2025.