Workcover gutted, leaving education workers high and dry: IEU

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. 

These changes were introduced by the Victorian government to deal with the serious financial strain that the WorkCover scheme was under as a result of an increase in the number and cost of claims combined with a long-term reluctance to increase employer premiums.

While the IEU agrees that action needed to be taken to protect the viability of the scheme, we absolutely oppose the nature of the cuts, which disproportionately affect workers in education where high-intensity, high-stress work combined with heavy workload demands and a focus on interpersonal relationships mean that mental injuries are relatively high compared with physical injuries.   

While the changes are complex, the ways in which the bar has been raised for a successful WorkCover mental injury claim include the following:

• 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”.

• A worker making a claim for a mental injury must now be able to demonstrate that the predominant cause 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 be deemed to have caused significant behavioural, cognitive, or psychological dysfunction. Previously, mental injuries did not have to cause significant consequences and there was no express requirement for a medical diagnosis.

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 gutting of this key safety net is particularly shameful.

Be careful out there!

Now that this key support for injured workers has been removed, though, we must both individually and collectively prioritise 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 all-too-often parents) as part of the job. 

We need to learn to when to say ‘no’ to additional work, to call out poor behaviour, 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.

We also need to continue to ensure that school leadership, Consultative Committees, and Health and Safety Committees are monitoring and addressing workload and safety issues, and to emphasise the fundamental responsibility of all employers to minimise risk and provide a healthy and safe working environment for all employees.

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