Injured workers who have had experience with the Workcover system will have heard of or had dealings with the Accident Compensation Conciliation Service (ACCS).
From 1 September 2022, ACCS has been replaced with the ‘Workplace Injury Commission’.
You can find out more about the Workplace Injury Commission here.
What is the difference between the ACCS and the Workplace Injury Commission?
As far as the process and procedure go, there is no real difference.
Workers who disagree with a decision by their relevant insurer can still dispute this decision by filing an Application for Conciliation. The process and conference is still called conciliation and it is still free and informal.
The main difference is the introduction of a new dispute resolution avenue called Arbitration. Arbitration was established to improve the dispute resolution process and in keeping with the Victorian Ombudsman in its 2019 report WorkSafe 2: Follow-up investigation into the management of complex workers’ compensation claims.
What is Arbitration?
Arbitration is a new service available for injuries suffered at work on or after 1 September 2022. It will provide a final decision for Workcover disputes that were not able to be resolved through conciliation.
When conciliation is unsuccessful in resolving a dispute the conciliation officer issues what is called a ‘Genuine Dispute Certificate’. This Genuine Dispute Certificate previously only entitled the worker to issue a case in the Magistrates’ Court to take the dispute further. The entitlement to go to Court remains, however there is now another option.
The new Arbitration process allows the worker to have their matter heard before an Independent Arbitration Officer. There will be an evidence based hearing and a final decision made.
You can find out more about the new Arbitration service here.
We strongly recommend that you obtain legal advice before referring a dispute to Arbitration. We have an experienced team of Workcover lawyers and Personal Injury Law Accredited Specialists who can advise you all aspects of your entitlements.
If we can be of assistance, do not hesitate to contact us for a free, no obligation discussion now on 1800 853 085.
