Expanded coverage, increased reporting, and Workers’ Compensation Information Statements required under new changes
Recent amendments to the Workers’ Compensation and Rehabilitation Act 2003 (WCR Act) aim to improve the workers’ compensation process for injured workers, including rehabilitation and return to work outcomes, while addressing the rise of secondary psychological injuries.
The majority of changes commenced from 23 August 2024, with others yet to commence.
Key changes include:
Expanding the workers’ compensation coverage to include ‘regulated workers’ as defined within the Fair Work Act 2009 (Cth)
Prohibiting employers from attempting to avoid the workers’ compensation process by persuading injured workers not to apply for, or seek, compensation
Obligation for employers to provide workers with a Workers' Compensation Information Statement before, or shortly after, commencing employment
Obligation for employers to assist in the timely payment of compensation by providing necessary information to WorkCover within five (5) business days of notification of a claim
A new penalty if employers fail to provide written notice to an insurer if the suitable duties outlined in a return-to-work plan are not practicable
Injured workers have the right to choose their treating practitioner, refuse employers from attending medical appointments, or request an alternate workplace rehabilitation provider
Insurers are obligated to take reasonable steps to minimise the risk of a secondary psychological injury
Increased maximum penalties for non-compliance
The Workers’ Compensation and Rehabilitation Regulation will also be amended, and new Codes of Practice will be developed to assist employers with compliance.
Employers need to understand how these changes may affect their business, and seek advice if necessary. Consider reviewing current policies and practices for managing workers’ compensation claims, rehabilitation, and return to work to ensure these documents comply with your updated obligations.
To keep up-to-date when new guidance material is released, visit the Work Safe website.
