New WorkCover laws leaving injured Victorian workers behind, lawyers claim

The new controversial changes have created the most dramatic decline in support for injured Victorians in more than a decade, lawyers claim.

New controversial WorkCover laws have created the most dramatic reduction in support for injured Victorians in more than a decade, lawyers claim.

Major changes to the workers compensation scheme were introduced across the state in March this year including new whole person impairment requirements.

This means injured workers must have a WPI of more than 21 per cent to continue to receive weekly payments after 130 weeks.

But Joseph Ridley from Arnold Thomas and Becker said majority of cases would not pass due to “harsher and stricter” legal tests.

“The vast majority of injured workers in Victoria are now simply shut out from getting long term weekly payments,” he said.

“We estimate over 85 per cent of injured workers who have no work capacity at 130 weeks will fail the new impairment test for ongoing weekly payments and as a result be left without any income or ability to go out and work due to their injury.”

Lawyers say more mental injury claims are being rejected, putting stress on their clients.

The new laws also impacted mental injury claims, with Mr Ridley alleging more were being rejected.

In one shocking case, Anna’s* claim was refused despite experiencing several traumatic incidents while working at a community service provider.

This year, the Melbourne woman helped a female client moments after she was sexually assaulted and witnessed a young boy attempting to take his own life while she was working in a youth unit.

Anna was diagnosed with an aggravation of a major depressive disorder but WorkCover repudiated her claim as her injury was considered as “usual or typical and reasonably expected to occur in the course of her duties”.

Anna’s lawyer, Mr Ridley, said the new amendments were unfair.

“Under the new law, such horrific events can now be viewed as a ‘normal’ or ‘reasonably expected’ element of my client’s role, and on that basis WorkCover claims such as Anna’s can now be rejected regardless of the traumatic encounters she has had to deal with throughout the course of her employment.

The new WorkCover laws were introduced in Victoria on March 31.

“If a train driver suffering PTSD due to the aftermath of a terrible accident or traumatic self-harm event were to put in a WorkCover claim now, we expect WorkCover would reject that claim if it was a “one-off” incident.

“We simply cannot see how it is fair that those suffering PTSD or mental health issues as a result of performing their direct duties can now have their claim rejected.”

A WorkSafe spokesman said claims liability had tripled prior to the changes.

“Victorians need a sustainable WorkCover scheme that can continue to support injured workers into the future,” he said.

“Prior to the changes, WorkCover’s claims liability had tripled due to an increasing number of mental injury claims and workers staying on the scheme for longer.

“That’s why Return to Work Victoria has also been established to find new ways to reduce the adverse health and social impacts associated with being disconnected from work long term.

“WorkSafe provided tailored support to more than 104,000 workers last financial year and is committed to ensuring those injured at work have the best possible recovery.”

*Name has been changed.