Workplace Safety Legislation and Other Matters Amendment Act 2022 – Victoria silicosis compensation reforms take effect on 1 July 2022

Legislative changes effective today 1 July 2022

Changes have been made to assist injured Victorian workers and the loved ones of those who tragically died at work. The Workplace Safety Legislation and Other Matters Amendment Act 2022 includes legislative changes that address the difficulties of diagnosing occupational diseases that worsen quickly or gradually.

WorkSafe Victoria

To address the progressive and ongoing nature of illnesses like silicosis, a number of changes are being made, including:

• If an injured worker develops another silica-related illness, they can now file another common law claim.

• Lump-sum payments for impairment benefits are now available to injured workers suffering from certain progressive diseases that have not yet stabilised.

• Workers who suffer from progressive diseases and continue to deteriorate can now file claims for subsequent impairment benefits.

• The stabilisation requirement is waived, allowing injured workers who receive lung transplants to receive a deemed minimum of 30% assessed disability and any impairment benefits prior to the transplant

• To close the support gap where the disease is progressive but death is not imminent, family members of workers diagnosed with an eligible disease are now eligible for compensation for counselling services.

Other amendments

Provide additional assistance to the families of deceased workers and recognise the difficulties and challenges they may face, such as:

• Weekly pension payments have been extended to recognise children with disabilities aged 16 to 25 who are financially dependent on a parent and rely on that parent for financial support.

• Allowing a trustee to accept provisional payments on behalf of a person with disabilities or a minor to reduce the financial impact of a worker’s death.

• Household help services will be provided to the family of an injured worker for 6 months after the worker’s death.

• Making compensation available for costs incurred outside of Australia related to a funeral, burial, cremation, or repatriation of a deceased worker’s body.

Source: WorkSafe Victoria

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The information in this post is strictly for informational and educational purposes only and should not be construed as legal advice. It is not intended to express specific opinions about specific cases. Before acting on any of the issues discussed in this post, seek additional advice. The information provided should not be relied on for any purpose other than to assist you to understand how Workers’ Compensation insurance works. It is for illustrative purposes only and My WorkCover Solutions Pty Ltd does not accept liability for any loss or damage suffered by any person resulting in any way from the use of or reliance on, the information provided. The information in this article is believed to be correct as of the date of publication. However, changes in the applicable laws may have an impact on the accuracy of the material. This article contains general information that is not tailored to any specific person’s situation. This publication may contain information that relates to the regulation of Workers’ Compensation insurance in your State or Territory. To ensure you comply with your legal obligations, we would recommend you refer to the appropriate legislation as currently in force in the State or Territory you conduct your business. You can find up-to-date legislation by visiting each state’s WorkCover Authority website, alternatively contact myWorkCover for updated information.