From 1 July 2021, new legislation will allow Victorian workers and volunteers who suffer from a work-related mental injury to access early treatment and support while they await the outcome of their claim. These payments cover reasonable treatment and services for work-related mental injuries, while their compensation claim(s) are being determined. When claims are rejected, workers and volunteers can still receive provisional payments for up to 13 weeks.

Provisional payments aim to:

• remove financial barriers that might prevent the worker or volunteer from getting the mental injury support they need

• reduce the time an injured worker with a mental injury cannot perform their work duties

• improve return to work outcomes

What are the key changes for employers and agents?

The new provisional payments law includes requirements for employers and agents to act faster if a worker or volunteer submits a mental injury claim and have important implications for Employers who now have only 3 business days to forward a claim to their Insurer.

• No employer medical excess is payable where the agent has confirmed the worker is entitled to provisional payments. This applies to claims that include a physical injury in addition to the mental injury, and regardless of whether the claim is accepted or rejected.

Worker’s injury claim form

This form is for injured workers to fill out to lodge a work-related injury claim.

Employer injury claim report

This report is an official document the employer should complete and send to their agent. It is a record of the employer’s details, the worker’s details, particulars of a workplace incident and an opportunity provide additional information.

If you are injured at work posters

Employers must display an 'if you are injured at work' poster in every workplace.

The new laws come into effect on 1 July 2021. Employers and self-insurers may want to consider the following to help them get ready:

• Ensure there is a process in place to meet new early notification obligations when a claim is received with a mental injury (the process for physical injury claims has not changed).

• Check if any changes are required to internal systems, processes or reports.

• Ensure key staff who are involved in claims management are aware of the coming changes.

• Review any internal policy and procedure documents there might be that refer to workers' compensation claims.

• Have a plan in place to remove any current hard-copy versions of the Worker's Injury Claim Form and replace with the updated form. WorkSafe encourages employers and self-insurers to use this updated form.

• Ensure any other references to the Worker’s Injury Claim Form, Employer Injury Claim Report and the 'If you are injured at work' posters in the workplace are updated by 1 July 2021 (the updated claim form, employer report and poster will be issued to all employers and self-insurers prior to 1 July 2021).

• Plan for any communication or training needs for key staff.

What do employers need to do for mental injury claims?

It's important to advise the worker to seek medical treatment and complete an entry for the Register of Injuries at the workplace.

Once the employer receives a claim which includes a mental injury, the employer must:

1. Forward the Worker’s Injury Claim Form with Part A (early notification) to the agent within three business days of the worker providing it to the employer.

2. Employers should confirm with the worker in writing that they’ve been notified of this claim (employers can do this by giving workers a copy of the Worker’s Injury Claim Form after they sign it).

Employers should also keep a copy of all documents for their records.

With substantial penalties applying to Employers who fail to follow the new process why not discuss your business’s individual needs with our People Risk Solutions team on 1300 208 828 or advice@abphillips.com.au and find out how we can help navigate this legislative change as well as proven ways to reduce the likelihood of injuries and illnesses in your workplace.