Parents of Brodie Panlock warn excluding bullying from WorkCover will be a grave mistake
The parents of Brodie Panlock, whose tragic death prompted tough workplace bullying laws, have labelled a plan to exclude harassment from WorkCover ‘disgusting’.
Victoria
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The family of Brodie Panlock, whose death prompted tougher laws for workplace bullies, has described a government proposal to exclude harassment from WorkCover claims as “disgusting”.
The idea has also prompted a backlash from the powerful public sector union.
As Victoria’s workers’ compensation scheme faces billion-dollar blowouts, the government has floated a list of ideas to ensure its financial viability.
These include excluding bullying and harassment, and possibly covering only post-traumatic stress disorder, under mental health claims.
A significant increase in the charge to companies is also being considered.
But the proposed changes on mental health payouts were slammed by advocates on Thursday.
Damian Panlock, whose daughter’s tragic death sparked laws making serious bullying a crime, urged the government to reconsider.
The legislation, known as Brodie’s Law, means bullies can face up to 10 years in jail.
Mr Panlock said victims of harassment in the workplace had a right to compensation as with any injury.
“If you cut any source of support in that situation, you’re just going to put them in the grave,” he said.
“It is a disgusting idea.
“You do need WorkCover, you do need it for bullying and harassment.”
Mr Panlock said without compensation victims would be able to turn only to “lawyers or the police”.
“That’s a hell of a jungle to go through,” he said.
“You’ve got to protect people who are vulnerable.
“I can only talk for Brodie, she tried to get on with these people (her bullies). They broke her.
“Mental health is the thing people should be looking after.”
Community and Public Sector Union state secretary Karen Batt also attacked the proposal.
She accused the Premier of putting poor management above the rights of public servants.
“The only beneficiaries of narrowing mental health claims will be the government itself as their departments and agencies, because of a lack of staff, are causing the blowout in costs,” she said.
“Everyone is doing the equivalent of two jobs and not surprisingly falling over due to workload and stress.”
Another idea floated would mean workers have to prove almost 100 per cent of their mental health conditions are as a result of their jobs, meaning they may be ineligible for support if their conditions were driven by events outside their employment.
The Andrews government has also confirmed it is exploring an increase to the amount of money charged to businesses to fund the scheme, which is on average 1.27 per cent of payroll.
It is now feared that even with a significant hike in 2023-24, to 1.74 per cent, there will still be a funding shortfall unless further savings are found.
Other options include an increase in the break-even premium to 1.8 per cent or even above 2 per cent.
The government is also looking at the “long tail” of people who receive payments over extended periods.
There are now 3930 claims that have been running past 130 weeks; 1116 of these are for mental injuries.
A state government spokeswoman said WorkCover was “fundamentally broken”.
“The Victorian government is working with business, union and advocate groups to look at all options and take urgent action to continue the ongoing sustainability of the WorkCover scheme,” she said.
“Our priority is helping people get back to work after an injury – and ensuring the sustainability of the scheme so every Victorian has the opportunity to return to the workforce after an injury.
“The government is looking at all options and welcoming proposals from business and workers to modernise the scheme. We know that multiple levers are required and that raising premiums alone won’t fix the long-term sustainability.”
WORKCOVER TO BE OVERHAULED
Workers’ mental health claims could be restricted to exclude bullying and harassment or to only cover post-traumatic stress disorder under plans being mooted to reform the state’s troubled compensation scheme.
The government is also exploring a significant increase to the amount needed from businesses to help cover the cost of paying out claims.
After the Herald Sun last week revealed the government was discussing a hike to premiums to prop up the finances of WorkSafe, new details have emerged of the changes being floated through discussions with unions and private companies.
One of the most significant changes being considered is significantly restricting the way mental health claims are paid out.
Mental injury payouts could be limited to only include those post-traumatic stress disorder while another option is make bullying and harassment-related claims ineligible.
Another potentially contentious change would mean workers would have to prove nearly 100 per cent of their mental health injury was from their job, meaning they may not be eligible if their condition was driven by events from outside their employer.
An independent report in 2020 flagged that changes to the scheme meant mental health claims were the fastest growing type of claim and were driving up costs.
The Andrews government has also confirmed it is exploring an increase to the amount of money charged on businesses to fund the scheme.
This includes an increase to the break-even premium from between 1,8 per cent to as high as above 2 per cent.
A state government spokeswoman reiterated that WorkCover was “fundamentally broken”.
“The Victorian Government is working with business, union and advocate groups to look at all options and take urgent action to continue the ongoing sustainability of the WorkCover Scheme,” she said.
“Our priority is helping people get back to work after an injury – and ensuring the sustainability of the scheme so every Victorian has the opportunity to return to the workforce after an injury.
“The Government is looking at all options and welcoming proposals from business and workers to modernise the scheme.
“We know that multiple levers are required, and that raising premiums alone won’t fix the long-term sustainability issues.”
Mental injuries now make up 16 per cent of all claims and are rising by 3.5 per cent a year.
To pay for compensation, the average premium charged to businesses in Victoria is currently 1.27 per cent of their payroll and has not changed since 2014-15.
Low-risk businesses are charged less while more dangerous occupations attract a higher charge to offset the higher likelihood of injuries.
It is now feared that even with a significant hike in the average premium for 2023-24, to 1.74 per cent, there will still be a funding shortfall unless further cost savings are found.
To rein in these pressures, the government is also looking at the “long tail” of people who receive payments over a long period of time.
There are currently 3930 claims which have been running past 130 weeks and 1116 of these are for mental injuries.
Options being weighed up include capping the value of benefits for these people, the length of time they can be received and reducing the amount they receive each week.
Community and Public Sector Union secretary Karen Batt on Thursday attacked the proposal and accused the premier of putting poor management above the rights of public servant workers.
“The only beneficiaries of narrowing mental health claims will be the government itself as their departments and agencies, because of a lack of staff, are causing the blowout in costs.
“Everyone is doing the equivalent of two jobs & not surprisingly falling over due to workload and stress.”
The union claims heavy workloads are driving the claims which put pressure on WorkCover, calling for the hiring of more staff to address the problem.
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