Workers' Compensation, Return to Work, Behavioural Health and COVID-19 in Australia

Area of Science:

• Occupational Health and Safety
• Public Health Law
• Workers' Compensation Law

Background:

• The COVID-19 pandemic presented unprecedented challenges for Australian workers' compensation schemes.
• Jurisdictional variations in legislation exist, but common themes have emerged since early 2020.
• Proving the causal link between COVID-19 infection and work is a significant concern.

Purpose of the Study:

• To identify and discuss common challenges in Australian workers' compensation schemes due to the COVID-19 pandemic.
• To examine the specific issue of establishing causation for COVID-19 related work claims.
• To anticipate future legal and practical developments in workers' compensation jurisprudence.

Main Methods:

• Qualitative analysis of emerging themes in Australian workers' compensation legislation and claims.
• Review of common law and statutory provisions addressing COVID-19 causation.
• Identification of high-risk industries and potential claim trends.

Main Results:

• A primary challenge is establishing the causal link between COVID-19 and employment.
• Some jurisdictions have enacted specific legislation to address these causation concerns.
• While overall claim numbers are low, industries like aged care and healthcare face a potential surge in claims.

Conclusions:

• The pandemic has introduced novel legal and practical issues into workers' compensation.
• Specific industries are disproportionately affected, necessitating focused attention.
• New case law and jurisprudence are anticipated in response to these emerging challenges.