Changes to WorkCover payments after 130 weeks in Victoria – what you need to know

Learn about legislative changes to workers’ compensation and what happens after 130 weeks on WorkCover weekly payments in Victoria. Get in touch with Shine Lawyers if your weekly payments will be affected. 

WorkCover claim Victoria – are you affected? 

If you’ve made a WorkCover claim VIC and have been receiving weekly payments in the second entitlement period (week 14 to week 130), it’s important to know what could be ahead.

2024 changes to workers’ compensation laws have significantly impacted WorkCover compensation in Victoria. Our experienced team of workers’ compensation lawyers in Melbourne and Victoria support thousands of Victorians who’ve been injured at work and can help if the changes impact you. 

What’s the second entitlement period? 

For accepted WorkCover claims in Victoria, WorkSafe makes weekly payments until you return to your pre-injury role or other work. The weekly payments are divided into: 

• First entitlement period (the first 13 weeks) 

• Second entitlement period (from week 14 to 130 weeks) 

• After 130 weeks 

If you or your loved one is a Victorian worker receiving payments in the second entitlement period, you need to be aware of the legal changes and how Shine Lawyers can help. 

What are the changes to WorkCover compensation in Victoria? 

The 2024 changes to workers’ compensation law in Victoria have two significant impacts: 

1. A new whole person impairment requirement to continue payments beyond 130 weeks (for workers receiving weekly payments) 

This significant change is relevant to WorkCover claims in Victoria for which a worker has received 130 weeks of weekly payments for a physical or mental injury sustained on or after 31 March 2024.

Under workers’ compensation law in Victoria to continue receiving weekly payments beyond130-weeks, as the worker you must meet two criteria:  

• An Impairment Assessment that determines you have a permanent whole person impairment (WPI) of 21% or more, and   

• You have no current capacity for any work (and this is likely to continue indefinitely)  

2. Mental injury claims – new eligibility requirements 

For mental injury sustained after 31 March 2024, a new legal definition of work-related ‘mental injury’ must be met: 

• Must be caused by or mostly caused by work 

• Causes significant behavioural, cognitive or psychological dysfunction, and 

• Has been diagnosed by a medical practitioner in accordance with the current version of the Diagnostic and Statistical Manual of Mental Disorders (known as the DSM) 

New exclusion provisions also apply for WorkCover stress claims in Victoria, impacting stress and burnout claims, with few exceptions. 

What happens after 130 weeks of WorkCover weekly payments in Victoria? 

If you or your loved one is receiving second entitlement period payments, you’ll receive an interim review notice at around the 78–100-week mark, requiring you to schedule an Independent Impairment Assessment to determine your WPI.

To continue receiving weekly payments of compensation beyond 130 weeks, you must be assessed as having 21% or more Whole Person Impairment (WPI). 

Independent Impairment Assessment 

An Independent Impairment Assessment (IIA) is a mandatory appointment with a specially trained doctor who assesses the permanent impairment of an injury. The doctor will have specialist qualifications relevant to your injury (e.g. an orthopaedic surgeon or neurologist for a spinal injury, an ophthalmologist for an eye injury or an audiologist for industrial deafness). It’s unlikely you’ll have seen the doctor before.

To assess your WPI, the doctor refers to guidelines set out in workers’ compensation laws in Victoria. To reach the 21% WPI in your IIA, you: 

• Can combine physical impairments to reach 21% or more 

• Cannot combine physical impairments and psychological impairments to reach 21% or more 

If you have more than one injury (e.g. a physical injury and a phycological injury), your IIA and WPI will assess the injury that has a greater impact on you.

If your injury isn’t stable (so can’t be accurately assessed at an IIA), the workers’ compensation insurer can issue an interim notice terminating your weekly payments. 

Contact Shine Lawyers if you're in the second entitlement period  

It’s important to act quickly and get in touch with Shine’s workers' compensation lawyers in Melbourne and Victoria if you or your loved one: 

• Is receiving weekly payments in the second entitlement period 

• Is approaching the end of the second entitlement period 

• Has received an interim review notice to schedule an IIA 

• Have already had an IIA, even if WPI has been assessed at less than 21% 

One of our legal experts will also assess whether you are eligible to pursue other workers’ compensation benefits, such as a no-fault permanent impairment claim.

Having a workers’ compensation lawyer on your side can ensure you’re claiming for every compensation dollar you’re entitled to, to help protect your future and your family’s future. 

If you’re concerned about WorkCover payments after 130 weeks in Victoria, get in touch to arrange an obligation-free consultation.