New review option for unreasonable WorkCover insurer decisions

Injured workers now have the option for WorkSafe to review questionable insurer decisions before taking their dispute to court if it has not been overturned at Conciliation.

WorkSafe Victoria has launched the Workers Compensation Independent Review Service, to provide another avenue for injured workers to have their workers’ compensation claim decisions reviewed by WorkSafe.

Reviews will be carried out by a new team at WorkSafe, separate from the insurers. They will instruct the insurer to change the decision if it isn’t found to be sustainable.

The new service was created in response to the Victorian Ombudsman’s report released last year, following multiple investigations into the management of complex workers’ compensation claims which found concerning behaviour from several agent insurers.

We hope this new process will be a quick and cost-effective way of overturning poor decisions which have been made without sufficient evidence.

It's still recommended that you seek legal advice about how best to present your application for review and to ensure you are fully aware of your legal rights and benefits available under the WorkCover scheme, such as lump sum compensation.

A request for review must be lodged to WorkSafe within two years of the decision and reviews must be completed by WorkSafe within 28 days of a compliant request being received.

If you would like to know more about your rights or require legal assistance with challenging a WorkSafe decision, please contact Slater and Gordon on 1800 444 141. We can assist with lodging a request for WorkSafe review where appropriate.

To lodge a review or find out more, visit WorkSafe’s website.