Record Victorian provisional payments on a mental-injury claim
MaintainedLast reviewed
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- From the claim dates, the certificate and whether the claim includes a mental injury, list the provisional-payment steps and the dates they fall due. Do not decide that a payment is due.
- What the lawyer must review
- Check the date the employer received Part A before you count
- Confirm the claim includes a mental injury and is not physical only
- Do not tell the worker that a payment is due
Rules that apply
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The work product
Forum. Victoria: a WorkSafe mental-injury claim, while liability is still open
Produce. A date list for provisional payments.
Have ready. The date the employer received Part A; Whether the claim includes a mental injury; Any existing claim that might make this one a duplicate.
Example of the limit. Illustrative example: Part A reached the employer on a Monday and the agent on the Thursday. The list marks the three business days as met and counts two business days from the Thursday for the agent's provisional-payment decision. It does not say the treatment will be paid.
Stop and hand it back when
- The claim is for a physical injury only.
- The date the employer received Part A is unknown.
Sources for this task were checked on 2026-10-23.
Who does what
| Role | What they do |
|---|---|
| Assistance | From the claim dates, the certificate and whether the claim includes a mental injury, list the provisional-payment steps and the dates they fall due. Do not decide that a payment is due. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- From 1 July 2021, an eligible worker or volunteer whose claim includes a mental injury can receive provisional payments for reasonable treatment for up to 13 weeks, and those payments continue for that period even if the claim is rejected. A physical-injury-only claim is excluded, as is a duplicate claim, and a claim where there is clear evidence the person is not a Victorian worker.
- The employer forwards Part A to the agent within three business days of receiving it. The agent determines provisional-payment entitlement within two business days of receiving Part A. Part B is due within 10 calendar days, unless both parts are sent together within the three business days.
- Where the agent confirms provisional payments, no employer medical excess is payable. That includes a claim that also has a physical injury, whether the claim is later accepted or rejected.
- The agent then accepts or rejects the claim within 28 days from the date the agent received the claim. The list records that date. It does not treat a missed date as a deemed acceptance.
Sources
- WorkSafe Victoria: provisional payments for mental injuries · 2026-10-23
- WorkSafe Victoria: Worker's injury claim form · 2026-10-23
- Workplace Injury Rehabilitation and Compensation Act 2013, in force version 054 (effective 2 October 2026) · 2026-10-23
The Worker's injury claim form page, separately, says the worker is usually told about provisional payments within 5 business days. Use the provisional-payments page for the agent's two business days, and do not blend the two periods into one.
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