Victorian Workers Compensation Legislation

The Workplace Injury Rehabilitation and Compensation Act 2013 (Vic) (WIRC Act) is the current legislation that covers Victorian WorkCover matters.

It came into effect on 1 July 2014.

This piece of legislation replaced two previous pieces of legislation, namely the Accident Compensation Act 1985 and the Accident Compensation (WorkCover (insurance) act 1993.

How to determine which Act applies in a WorkCover matter

WorkCover claims made on or after 1 July 2014 are dealt with under the WIRC act. If you made a claim before then the Accident Compensation Act 1985 applies.

Both acts detail the four main benefits that a person who is injured at work may be entitled to, namely;

1. Medical and like expenses

Anyone that is injured at work is entitled to claim the payment of reasonable medical and like expenses from the WorkCover insurer. 

2. Weekly payments of compensation

If a person is unable to work due to a work related injury or condition to the extent that they were able to work prior to the injury, then they are entitled to be paid weekly payments of compensation by the WorkCover insurer.

3. Impairment benefit lump sum claim

Anyone that has a permanent impairment as a consequence of an injury or condition related to work is entitled to pursue an impairment benefit claim. This is a lump sum claim that does not require an injury or condition to be caused by someone else’s negligence.

4. Common law claim for damages

This is another lump sum claim. if a person was injured at work they can pursue compensation if that injury is a serious injury and if was contributed to by the negligence of someone else.