Due to recent changes in legislation, it has become more difficult for members with workplace psychological injuries to receive a successful WorkCover claim. However, ANMF (Vic Branch) has been seeing an increasing number of successful outcomes for members at WorkCover conciliation.
But what is conciliation, and why might you want to consider it if you have been injured –psychologically in particular – at work?
What is conciliation?
If a member makes a WorkCover claim and that claim is rejected, it’s not the end of the road. Members can dispute the insurer’s decision, but to do so they must first go through a facilitated discussion known as ‘conciliation’ to attempt to resolve the dispute.
In the words of our lawyers, Gordon Legal, ‘conciliation is an informal dispute resolution process that is used to try and resolve disputes before they go to court. Conciliation is often used in the context of WorkCover claim disputes when an injured worker does not agree with a decision made by a WorkCover insurer.’
Why has conciliation become more common?
The Workplace Injury Rehabilitation and Compensation Amendment (WorkCover Scheme Modernisation) Act 2023 wound back protections for workers with psychological injuries, and undermines the previous positive steps taken by the government to provide a low-cost, easily accessible jurisdiction to injured workers rather than an expensive court process.
ANMF and other unions opposed the changes, but with the changes now being legislated we have found an increasing reliance on conciliation to secure compensation for injured members.
Unfortunately, many members are experiencing significant delays before their conciliation conferences are heard, often while relying on personal leave or going without income.
Members may be able to access support services to help them navigate the recovery and return-to-work process. These services can assist with overcoming barriers to recovery, accessing support, and improving communication between workers, treating practitioners and employers. This can be particularly beneficial for members recovering from psychological injuries.
Will conciliation help?
The Branch has recently been seeing some success with psychological claims being accepted at conciliation. In one recent successful case, for example, two ANMF members went through the lengthy process of conciliation and had their claims accepted and payments awarded for medical and other expenses and wages backdated by two years.
