Workcover gutted, leaving education workers high and dry.

The IEU joins the Victorian union movement in condemning recent changes to the WorkCover scheme which drastically reduce support for those suffering psychological injury at work.

While the changes are complex, our key concerns are that the bar for making a successful WorkCover claim on mental health grounds has been raised very significantly:

• As of 31 March 2024, workers who suffer stress or burnout due to usual or typical workplace events are no longer eligible for WorkCover benefits, unless the events at work were of a traumatic nature. These terms are poorly defined in the legislation, so we await interpretation by the courts – but at this stage it appears that ordinary job demands, workload pressures and interpersonal interactions will be considered “usual or typical”.

• In addition, a worker must now be able to demonstrate that the predominant cause of a mental injury is work-related. Previously, work needed to have contributed significantly rather than predominantly to a mental injury.

• In order to qualify for WorkCover benefits, a mental injury must now be given a medical diagnosis by a doctor and must cause significant behavioural, cognitive, or psychological dysfunction. Previously, mental injuries did not necessarily have to cause significant consequences and there was no express requirement for a formal medical diagnosis.

Schools are not construction sites – the rate of physical injuries is relatively low, but in our high-intensity, high-stress industry with heavy workload demands and a focus on interpersonal relationships, mental injury is a huge risk.  

At a time when a single poor decision by a stressed, frustrated or overworked education worker can lead to a Reportable Conduct allegation and the extraordinarily punitive process which follows, the removal of this key safety net is particularly shameful.

We will continue to lobby for the overturning of these regressive changes, and will continue to fight for any member injured in the course of their employment.

In the meantime, we strongly encourage members to be vigilant and mindful of their own mental wellbeing. This is easier said than done, particularly given the tendency of dedicated education workers to go above and beyond, to take on extra work and responsibilities, and to simply accept abusive or harmful behaviour from students (and sometimes parents!) as part of the job.

Now that this key support for injured workers has been removed, though, we must both individually and collectively prioritise mental wellbeing.

We need to learn to when to say ‘no’ to additional work, to call out poor behaviour, to ensure that school leadership, Consultative Committees, and Health and Safety Committees are monitoring and addressing workload and safety issues, to not work through every break or take work home every evening, and to remember that it is absolutely legitimate to use personal leave to manage mental stress.

A delay in getting something done or a staff absence is far better for everyone than an educator whose judgement is impaired as a result of unmanaged workplace stress.  

You can read more about the changes to the Victorian WorkCover Scheme here.

As always, members can contact the IEU Office for advice or assistance.