Injured Workers Entitlements

8/3/2019 Injured Workers Entitlements

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Entitlements for injured workers

Changes to the Accident Compensation Act 1985

March 2010

WorkSafe Victoria manages the state’s workers’ compensation scheme, which provides support and services to people whohave been injured at work.

WorkSafe also administers the Accident Compensation Act 1985 , which sets out the key principles, duties and rights relating

to the provision of compensation for workplace injury in Victoria.

Reforms to the Act will come into effect in April 2010, and again in July 2010. The changes will impact on injured workers,employers and those who are involved in the workers’ compensation system.

Changes to entitlementsChanges to the Act have resulted in an increase in a number of entitlements, which workers and family members may beeligible to receive as a result of a work-related injury, illness or death.

Weekly Payments Previous legislation New legislation

Weekly payment rate if a worker has received weekly paymentsfor longer than 13 weeks

75% of pre-injury income 80% of pre-injury income

Statutory maximum for weekly payments $1,300 Twice Victoria’s averageweekly earnings,(currently $1760)

Period for which overtime and shift allowances are taken intoaccount in the calculation of weekly payments for workers entitledto these allowances

26 weeks 52 weeks

Payments for family members following work-relateddeaths

Previous legislation New legislation

Maximum lump sum entitlement for dependants following a work-related death

$273,970 $503,000

Impairment Benets Previous legislation New legislation

Maximum no-fault lump sum impairment benet for a permanentinjury

$409,200 $503,000

No-fault lump sum impairment benet for a worker who has apermanent mental impairment and satises the existing 30%‘whole person impairment’ threshold

$13,650 $68,240

WSV1334/01/03.10



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Weekly Payments

Superannuation contributions have been introduced at the superannuation guarantee rate (currently 9%) for injured workersstill receiving weekly payments after 52 weeks. This is calculated as a percentage of the worker’s weekly payments.

Injured workers who receive weekly payments for 130 weeks and have since returned to work, but who require surgery fortheir work-related injury, may be entitled to weekly payments for up to 13 weeks.

Payments for family members following work-related deaths

In certain circumstances provisional payments may be made to the dependants of a deceased worker before an Agent hasformally accepted a claim. These payments can be made for:

• Reasonable costs of burial or cremation, up to a capped amount (currently $9,300)

• Medical and like costs, related to the worker’s injury up to $7,500

• Family counselling, up to $5,320

• A weekly pension for a partner, up to 12 weeks

Where it is appropriate that WorkSafe exercise its discretion, this will ensure families can receive some payments and do nothave to wait for a claim to be processed.

The changes also extend eligibility to pensions and lump sums for dependent children of deceased workers up to the age of25 who are studying full-time or undertaking a full-time apprenticeship. Children of a deceased worker who are born after theworker’s death will now be treated as a dependant of the deceased worker.

Where a deceased worker has no dependants, non-dependant family members may be eligible, in certain circumstances, tobe reimbursed for expenses that they reasonably incurred as a result of the worker’s death, if these expenses caused themnancial hardship. The maximum amount which can be reimbursed will be $30,000 per family.

The surviving partner who was living with a worker at the time of death will be deemed to be dependent on the earnings of the

deceased worker.

Lump sum entitlements will also be able to be determined without the need to go to Court, where the dependant is legallyrepresented, is not a minor and is not under a disability.

Lump sum impairment benets

Lump sum impairment benets for some injured workers who are compensated for permanent spinal impairments only haveincreased by 10%.

Access to entitlementsClaim forms

Changes have been made to the claims process to help make lodging a claim form simpler for workers and employers, and

encourage earlier decision making.

Claims for compensation will be able to be given to or served on an employer more easily. An electronic claim form will beavailable on the WorkSafe website, worksafe.vic.gov.au, which will allow a worker to ll out the form electronically, and canthen be submitted with a signature by fax, or with the consent of the employer, by email.

Protection against discrimination

The reforms are designed to improve the existing protections for workers who suffer discrimination because they have takensteps to pursue a claim for compensation or who have notied their employer, or any other employer, or WorkSafe of an injury.

The amendments:

• prohibit a wider range of discrimination and impose tougher penalties for proven discrimination

• empower workers to request that WorkSafe consider a prosecution against an employer or prospective employer

• allow workers to bring a civil action for discrimination against an employer or prospective employer themselves.



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WorkSafe is a trading name of the Victorian WorkCover AuthorityWhile every effort has been made to ensure the accuracy of the information in this document, it does not consider your individual circumstances and isprovided for general information only. It should not be viewed as a denitive guide to the law. WorkSafe cannot be held responsible and extends no warranties

as to the suitability of the information for any particular purpose or actions taken by third parties as a result of this information.

Further informationFor general information, visit worksafe.vic.gov.au A Guide to the changes is available for download from the Laws andRegulations section of the website.

For specic questions about the changes to the Act email [email protected]

For more information about the impact of the legislation, you can also call WorkSafe on freecall 1800 136 089 or(03) 9641 1444 for free, condential advice and assistance. Your WorkSafe Agent will be able to provide you withinformation relating to your individual circumstances. Alternatively you can seek advice from your legal representative.


Workers will also be able to:

• seek damages for the discriminatory conduct• seek to be employed in a similar position

• seek payment of lost income up to 12 months.

In addition, it is an offence for employers to refuse employment to a job applicant, where the dominant reason is that theapplicant has:

• given notice of an injury

• taken steps to pursue a claim for compensation

• complied with a request by WorkSafe regarding an investigation into potential breaches of the Act.

Decision making and dispute resolution

Disputes may increase the costs and delay the delivery of entitlements to injured workers. They can also impact on return towork outcomes for the parties involved.

The amendments to the Act are designed to promote the efciency of the conciliation process for workers and employers.

Conciliation Ofcers will also be able to direct WorkSafe or a self-insurer to pay the reasonable costs of medical and likeexpenses up to $5000.

Workers will be able to be reimbursed for transport costs to attend a conciliation conference, capped at $50, and for lostincome, capped at $350, as a result of attending conciliation.

When will the changes happen?While the majority of reforms outlined in this fact sheet commence from 5 April 2010, some will apply from 10 December2009. These reforms broadly relate to:

• The payment of lump sum entitlements to dependants of deceased workers

• The payment of pensions to dependents of deceased workers

• The payment of lump sum impairment benets to seriously injured workers

Do the changes impact on existing claims?The majority of changes outlined in this fact sheet do not impact on existing claims.

However, the increase to the weekly payment rate from 75% to 80% of pre-injury income will apply to existing and new claims,if a worker has received weekly payments for longer than 13 weeks.

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Injured Workers Entitlements