Provisional payments are available for 13 weeks, regardless of whether a claim is accepted or rejected. WorkSafe Victoria sees this as a significant reform to improve support for all eligible Victorian workers and volunteers with mental injury claims.

It should be noted that where claims are rejected, eligible workers and volunteers can continue to receive provisional payments for up to 13 weeks.

Background

The Provisional Payments Act amended the Workplace Injury Rehabilitation and Compensation Act 2013 (WIRC Act) and Accident Compensation Act 1985 (AC Act) to improve support for Victorian workers by introducing provisional payments for work-related mental injuries.

The new scheme was developed to improve mental injury support for eligible workers and volunteers by providing access to early treatment to help with recovery and a faster return to work. In addition, provisional payments aim to support a positive return to work journey for workers, regardless of the claim outcome. Enabling workers with a mental injury to access the right support, quickly and easily, is important for business.

Understanding obligations for managing mental injury claims

It is important to note that from 1 January 2022, penalties will apply when employers do not meet their early notification requirements. The early notification requirement is specific to claims where there is a workplace mental injury.

Employers must complete, sign, and forward the worker’s injury claim form Part A to their agent within three business days of receiving it from the worker.

Employers can learn more about their duties and mental health support for workers by visiting WorkSafe’s website.

On the website there are also several tools and resources available for employers to understand their duties and provide support to workers with a mental injury claim and their return-to-work journey.

WorkSafe Victoria has also updated the ‘If you are injured at work’ poster to include information about mental injury support. This is available in multiple languages and is downloadable from the website and, in addition, employers can order printed copies of all resources, including the new claim form, and also receive it via email: printing@worksafe.vic.gov.au