In response to a 2022 recommendation in the independent review of WorkSafe Victoria’s management of complex workers’ compensation claims led by Peter Rozen KC, the Victorian Parliament has passed legislation allowing for the creation of a code of rights for injured workers as well as new return-to-work obligations for employers.
Key changes include the new obligation for employers to ensure that return-to-work coordinators complete approved training and are provided with the assistance and resources required to fulfil their role – this change will commence on a date to be proclaimed, no later than 1 July 2027.
The changes also introduce a requirement for an independent review of the scheme at least every five years (commencing in 2030) and provides for the appointment of persons with lived experience of serious workplace incidents to WorkSafe’s advisory committees.
Included in the legislation is an increased services cap for eligible family members’ therapy and other services, with a broader range of therapy and support services included. The increased services cap of $10 000 will apply to family members of workers with an eligible injury or eligible progressive disease or upon a work-related death which occurs on or after the commencement date. This entitlement will be accompanied by a lump-sum grief and loss payment for close family members of a worker who has died as a result of a work-related injury.
The Opposition unsuccessfully proposed amendments to the bill preventing employer WorkCover premiums in a premiums order from being calculated in any way that "results in premiums payable that are greater than the premiums payable in the preceding premium period” and requiring WorkSafe to provide free approved training to return-to-work coordinators for certain employers. The Workplace Injury Rehabilitation and Compensation Amendment Bill 2025 passed without amendments.
Whilst we welcome these changes, we note that they do not address the damage wrought to injured Victorian workers by the March 2024 changes to the workers compensation scheme. As described in a previous SafetyNet article the devastating overhaul of the scheme resulted in workers injured through 'stress' and 'burnout' no longer qualifying for weekly benefits and injured workers only receiving weekly WorkCover payments beyond 2.5 years if they are assessed as having a whole person impairment of more than 20 percent.
Victorian Trades Hall Council welcomes any positive move to improve the experiences of injured workers dealing with the challenging process of the workers’ compensation system and continues their campaign to improve outcomes for injured Victorian workers and their families.
If you have been injured at work you can find peer support and information at the Injured Workers Support Network here.
Read more: Vic Gov | Premier | Better Support for Injured Workers and Their Families