Limits on Workers Compensation Eligibility and Weekly Payments for Mental Injury Claims

Workplace Injury Rehabilitation and Compensation Amendment (WorkCover Scheme Modernisation) Bill 2023

1st House

2nd House

Law

Links to official parliament websites

Official page: progress through parliament

Effects of this bill

If this bill passes, it means that:

Workers are only entitled to compensation for mental injuries if employment is the predominant cause of the injury.
Workers cannot claim compensation for mental injuries caused by work-related stress or burnout resulting from typical duties, unless the injury was caused by traumatic events.
Workers claiming for the recurrence or aggravation of a pre-existing mental injury must show that employment was the predominant cause.
Weekly payments cease after the second entitlement period unless the worker has an indefinite incapacity to work and a whole person impairment of more than 20 per cent.
Workers who have returned to work at least 15 hours per week and earn at least $177 per week must have a whole person impairment of more than 20 per cent to keep receiving weekly payments after the second entitlement period.
Workers living outside Australia must have a whole person impairment of more than 20 per cent to continue receiving weekly payments after the second entitlement period expires.
The Authority may use information collected under workplace injury and health and safety laws to perform its functions under any Act it administers.

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