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Provisional payments improve response to mental illness, ALA says
Victorian workers who experience work-related mental illnesses will benefit from much quicker access to treatments and payments under new legislation.
Naomi Neilson
The Australian Lawyers Alliance (ALA) welcomed the Workplace Injury Rehabilitation and Compensation Amendment Bill 2020 after the success of a pilot program that had found provisional payments offered to emergency service workers and volunteers was instrumental in assisting with work and workplace-related mental illnesses.
In the second reading of the bill, state Attorney-General Jill Hennessy said the number of mental injury claims over the last 13 years has grown significantly and that a further growth is expected to continue, with rates projected to increase to 33 per cent of claims.
Recent inquiries into mental health, such as the Productivity Commission’s report and the Royal Commission into Victoria’s Mental Health System, highlighted the important need to “proactively support workers and volunteers who suffer a mental health injury”.
Mental injury claims often take longer for insurers to determine compared to a physical injury. Data from WorkSafe shows that, on average, a mental injury claim can take up to 27 days to determine a date to secure payments, compared to seven for physical.
“We also know mental injuries have lower return to work rates. The higher prevalence and longer-lasting mental injury claims will place increased pressure on the scheme’s financial sustainability,” Ms Hennessy said, adding the bill will remove the barriers for accessing mental health treatment that will then assist with that delay.
Mr King said access to early treatment has been shown to achieve better work returns as well as alleviate stresses people experience when lodging a claim.
“The lack of provisional payments has been a significant gap in the Victorian workers compensation system. Even NSW’s workers compensation scheme—widely regarded as one of the worst in the country for injured workers—has provisional weekly payments in place,” Mr King said.
Naomi Neilson
Naomi Neilson is a senior journalist with a focus on court reporting for Lawyers Weekly.
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