WorkSafe Victoria is requesting input on the draft Code of claimants' rights designed to safeguard and enhance the experience of those using the state’s workers’ compensation system.
The code comes in response to a key recommendation from Peter Rozen KC's independent review into the administration and management of complex claims, which concluded that “based on the evidence presented to the Ombudsman and to the review, it is not an overstatement to say that the Victorian workers' compensation system is, in some cases, destroying lives".
The Code of Claimants’ Rights aims to provide clear expectations for the treatment of claimants and outline their key rights, which include to have support persons, communication, information and fair treatment, among others.
Earlier this year, members of the Injured Workers Support Network, supporters and representatives from Victorian Trades Hall Council (VTHC) gathered on the steps of Parliament to speak with MPs about the importance of a meaningful code of injured workers’ rights, where they secured pledges from Members of Parliament to support a Code that abides by the following rights:
- To dignity, fairness and respect. To have their views heard, their privacy protected, and the freedom to speak up without fear of repercussion.
- To clear, effective communication — including being fully informed and supported by a representative or support person of their choice.
- To access prompt, appropriate, and evidence-informed medical care that supports recovery.
- To a safe and suitable return to work where appropriate, and the right to refuse unsafe or inappropriate duties.
- To an efficient and worker-centred dispute and complaints process, including meaningful remedies if this Code is breached.
When injured workers go through the WorkCover system, they can face disbelief, delays, intrusive surveillance, and adversarial processes when they are at their most vulnerable. Oftentimes, instead of being supported to recover and return to work safely, injured workers are forced to fight for treatment, income, and dignity.
VTHC has concerns that the draft code does not do enough to protect injured workers. A meaningful Code of Injured Workers’ Rights would set clear, enforceable standards, ensuring workers are treated with fairness and respect, supported in recovery, and not retraumatised by the WorkCover system itself.
The draft code is now available for public comment until Wednesday 27 May and is expected to commence by the end of the year.
If you have been injured at work, you can find peer support and information at the Injured Workers Support Network here.
Read more: Code of Claimants’ Rights | Engage Victoria