WorkSafe Victoria claims and psychological injury: where assessments fit

A WorkSafe Victoria psychological injury claim can feel confusing, especially when you are already unwell and finding it hard to concentrate. WorkSafe calls this a “mental injury”, and the rules for who can claim changed in 2024.

This article explains those rules in plain English, what support is available while you wait for a decision, and where different psychological and neuropsychological assessments fit into the claims process.

Why psychological injury claims matter

Work-related mental health conditions are common and can take time to recover from. Safe Work Australia reports that in 2023 to 2024, mental health conditions made up 12% of serious workers’ compensation claims, and the median time off work for these claims was almost 5 times longer than for other injuries and diseases.

In Victoria, workers’ compensation is run by WorkSafe Victoria under the Workplace Injury Rehabilitation and Compensation Act 2013 (often called the WIRC Act). Claims are managed by WorkSafe agents on behalf of employers.

The mental injury rules since 31 March 2024

द Workplace Injury Rehabilitation and Compensation Amendment (WorkCover Scheme Modernisation) Act 2024 changed who can claim for a mental injury. WorkSafe’s scheme modernisation page और practice directive on mental injury eligibility explain the changes. They apply to mental injuries that happened on or after 31 March 2024.

What counts as a mental injury

A mental injury must:

• cause significant behavioural, cognitive or psychological dysfunction, and
• be diagnosed by a medical practitioner using the current Diagnostic and Statistical Manual of Mental Disorders (DSM).

WorkSafe’s practice directive says only a GP or psychiatrist can provide this diagnosis under the WIRC Act. A psychologist’s assessment can still be very useful for treatment, but it does not replace the medical diagnosis for the claim.

Work must be the predominant cause

For a primary mental injury, employment must be the predominant cause. WorkSafe describes this as the strongest or largest contributing cause.

The stress and burnout exclusion

A mental injury is generally not compensable if it was mainly caused by work-related stress or burnout from events that are usual or typical and reasonably expected in the job. There are important exceptions:

• Traumatic events: mental injury from traumatic events can still be compensable, even if those events are a usual part of the role (for example, in emergency or health work).
• Bullying, harassment and discrimination: WorkSafe says these are not events that are reasonably expected in a worker’s usual duties, and they may be treated as traumatic.

The existing exclusion for injury caused by reasonable management action taken in a reasonable way also still applies.

Weekly payments after 130 weeks

The same reforms added a new test for weekly payments after 130 weeks. Workers now need a whole person impairment (WPI) of 21% or more, as well as meeting the existing work capacity tests. WorkSafe explains which claims this applies to on its scheme modernisation page.

Support while you wait: provisional payments

You do not have to wait for a claim decision to get help. WorkSafe’s provisional payments can pay for reasonable treatment and services for a work-related mental injury while the claim is assessed. If the claim is not accepted, provisional payments can continue for up to 13 weeks.

To be eligible, your claim form or certificate needs to show a mental injury, your employment must be connected to Victoria, the claim must be lodged with your employer, and no earlier claim can have been accepted for the same injury and circumstances.

Practical first steps

• See your GP. They can assess you, provide a certificate of capacity and refer you for psychology.
• Tell your employer and lodge a claim form with them. Keep copies of everything you send and receive.
• Write down what happened at work, with dates, while it is fresh.
• Ask whether provisional payments can cover your first treatment sessions.
• If the rules or a decision are unclear, get advice from a lawyer, your union or WorkSafe.

Looking after your sleep, routine and social contact helps recovery while the claim is sorted out.

Where assessments fit

People with a WorkSafe claim can come across several kinds of assessment. Knowing which is which helps you understand what each one is for.

Treating psychological assessment

This is the assessment your treating psychologist does at the start of therapy. It helps you both understand what is going on and plan treatment. WorkSafe can fund psychology when a medical practitioner refers you before treatment starts. Your psychologist completes treatment planning and review forms along the way.

न्यूरोसाइकोलॉजिकल असेसमेंट

Some people notice real problems with memory, concentration or thinking speed after a work injury. This can happen after a head injury at work, and it is also common with depression, anxiety, poor sleep and pain.

WorkSafe’s neuropsychology services guidelines include comprehensive neuropsychological assessments. They must be provided by a clinical neuropsychologist with AHPRA endorsement, on referral from a medical practitioner, and with clinical justification for the hours needed. The assessment can show which thinking skills are affected, what is likely driving the problems, and what adjustments would help a safe return to work. For example, results might support shorter shifts at first, written instructions, fewer interruptions or extra time for complex tasks. They can also show that thinking skills are intact, which can be reassuring.

Independent medical examinations

The WorkSafe agent can ask you to attend an independent medical examination (IME) with a psychiatrist or psychologist approved by WorkSafe. The IME gives an opinion to help the agent make decisions about your claim. The examiner does not treat you. Our guide to independent medical examinations explains what to expect.

चिकित्सा-कानूनी मूल्यांकन

If you have a lawyer, they may ask for an independent psychological or neuropsychological report for an impairment claim, a common law claim or a dispute. The assessor’s duty in that setting is to give an impartial, evidence-based opinion.

What employers must now do

The Occupational Health and Safety (Psychological Health) Regulations 2025 started on 1 December 2025. WorkSafe says they give employers a specific duty to identify psychosocial hazards, control the risks and review those controls. Hazards include bullying, sexual harassment, aggression or violence, and exposure to traumatic events or content. Our article on Victoria’s psychological health regulations has more detail.

Invictus Health कैसे मदद कर सकता है

Our psychologists and counsellors offer anxiety and stress counselling in person in Preston or by telehealth. Our neuropsychologists provide neuropsychological assessments when thinking problems are affecting work, and we provide independent medico-legal assessments for lawyers and insurers. Neuropsychology reports are reviewed by Dr Judy Tang OAM.

When a return to work has stalled because of conflict, mediation can sometimes help. For WorkSafe funding, check what referral and approval your agent needs first.

This article is general information, not legal advice. Speak with your doctor, your WorkSafe agent or a lawyer about your own situation. If you are in danger, call 000. For 24-hour crisis support call Lifeline on 13 11 14.