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Processes for disputing liability to pay workers’ compensation for psychological injury
journal contributionposted on 2023-05-19, 21:58 authored by Olivia RundleOlivia Rundle, Megan WoodsMegan Woods, Michaelson, L
Where a worker makes a claim for workers' compensation, employers may resist the payment of compensation on the basis that they have a defence. This article concerns the preliminary processes by which disputes about liability are raised and determined in Australian jurisdictions, with a particular focus upon the procedure that applies in Tasmania. The article first introduces the substantive legal context of the procedures discussed, dispute systems concepts and terminology. The claims-making processes across all Australian jurisdictions are described and compared. The peculiarities of the Tasmanian system then become the main focus, with consideration of its purpose, process, and significance. We conclude that the interlocutory process in Tasmania is a significant end point for injured workers' claims, despite the limited inquiry of as 81A hearing. This raises questions about the justice of the workers' compensation system within the context of psychological injury.
Publication titleJournal of Civil Litigation and Practice
Department/SchoolFaculty of Law
PublisherThomson Reuters (Professional) Australia Ltd.
Place of publicationAustralia
Rights statementCopyright 2018 Thomson Reuters (Professional) Australia Limited