Is stress leave currently claimable through WorkCover?
Part of the recent WorkCover amendments contemplates that mental injury caused by burnout or workplace stress will not be covered in many situations.
For injuries occurring from March 31, 2024, workers will not be able to claim WorkCover benefits if they have suffered a mental injury, like stress or burnout, caused by ‘usual or typical workplace events’ that are ‘considered reasonably expected to occur’.
Under the new legislation, work must be the predominant cause of the mental injury, and the injury must cause significant behavioural, cognitive, or psychological dysfunction.
Some difficulties with the new legislation include that GPs may not be confident providing a DSM diagnosis (Diagnostic and Statistical Manual of Mental Disorders), and there is no definition of what will be considered significant behavioural, cognitive, or psychological dysfunction.
It’s likely that claims will be turned down based on the ‘significant dysfunction’ test, and proving the workplace's ‘predominant cause’ of stress will not always be simple.
If appropriate, you should identify on your claim form causes of your injury that are outside your usual or typical duties or duties that are traumatic in nature. For example, if you are overworked because of absenteeism and/or understaffing, that is neither usual nor expected. If stress is caused by conflict with colleagues, you should think about the worst examples of behaviour (those most likely to meet the bullying test).
While lodging a claim, avoid broad wording and remove references to stress, burnout, or overwork; cite specific incidents instead.
Here you can find WorkSafe Victoria's topic information page on stress. Additionally, we strongly encourage workers to contact their union for expert advice and assistance.
Worth noting: the OHS duty requiring employers provide and maintain, so far as is reasonably practicable, a psychologically healthy workplace, remains.
