---
title: "Test a Victorian mental injury against the WorkSafe eligibility rules"
url: "https://ailawframework.com/practice/personal-injury-and-compensation/test-a-psychological-injury-against-the-management-action-exclusion/victoria"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A21-WC20261023-3-VIC"
practice_area: "Personal Injury & Compensation (workers compensation, CTP/TAC, medical negligence)"
tier: "yellow"
lawyer_review: "required"
jurisdictions: ["VIC"]
last_reviewed: "2026-10-25"
---

# Test a Victorian mental injury against the WorkSafe eligibility rules

> From the account and the employer documents the lawyer selects, on a firm-controlled tool, table each event against the mental-injury rules on the WorkSafe claim-form page. Do not decide compensability.

Canonical page: https://ailawframework.com/practice/personal-injury-and-compensation/test-a-psychological-injury-against-the-management-action-exclusion/victoria  
Last reviewed: 2026-10-25

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Personal Injury & Compensation (workers compensation, CTP/TAC, medical negligence)](https://ailawframework.com/practice/personal-injury-and-compensation.md) |
| Human involvement | Yellow: Lawyer and AI draft together |
| How AI is used | From the account and the employer documents the lawyer selects, on a firm-controlled tool, table each event against the mental-injury rules on the WorkSafe claim-form page. Do not decide compensability. |
| What the lawyer must review | Decide whether each event meets the page's management-action rule Check the injury date against 31 March 2024 Do not decide compensability from the table |
| Written for | Victoria |
| Applies to | [Test a psychological injury against the management-action exclusion](https://ailawframework.com/practice/personal-injury-and-compensation/test-a-psychological-injury-against-the-management-action-exclusion.md) |

## Checking plan

**Verify against sources**

The lawyer decides compensability. The table uses the WorkSafe claim-form rules and leaves the answer blank.

- What the AI does: From the account and the employer documents the lawyer selects, on a firm-controlled tool, table each event against the mental-injury rules on the WorkSafe claim-form page. Do not decide compensability.
- What the lawyer does: The lawyer makes the legal assessment, checks the source material and authorises the output for its intended use.
- Who reviews: Lawyer competent in this practice area
- Basis: Checked against the linked sources on 23 October 2026. Confirm the current instrument before reliance.

## Checks the lawyer makes

1. The claim-form page says a compensable mental injury must cause significant behavioural, cognitive or psychological dysfunction, be diagnosed by a medical practitioner using the latest version of the Diagnostic Statistical Manual of Mental Disorders, and be predominantly caused by employment.
2. The same page says a mental injury is ineligible if it is largely from stress or burnout from events that are usual or typical and reasonably expected in the worker's duties, or if it is caused by reasonable management action carried out in a reasonable manner.
3. The page says these eligibility changes took effect on 31 March 2024, and that some exceptions and different definitions may apply if the injury occurred before that date. The Act section and the exceptions sheet were not opened. Do not apply the later wording to an earlier injury until they are.
4. Provisional payments are a separate step. They can run for up to 13 weeks even if the claim is later rejected. Eligibility for compensation is not the same question as entitlement to those provisional payments.

## Notes

- The provisional-payments page and the Workplace Injury Commission conciliation page do not set out these eligibility rules. The claim-form page does. Use that page.
- If the dispute goes to conciliation, the lawyer writes what is sent. No Workplace Injury Commission generative-AI practice note was found. The County Court practice note of 9 June 2026 applies if the matter is later in that court.

## Practical guide

Jurisdiction: Victoria: a WorkSafe mental-injury claim

**Deliverable**: An issues table. The lawyer decides compensability.

**Inputs**

- The injury date
- The events the worker describes, with the documents the lawyer selects
- Any diagnosis recorded on the certificate of capacity

**Example**: Illustrative example: The file shows a performance meeting and an injury date after 31 March 2024. The table places the meeting under the management-action question and leaves that question blank. The lawyer decides whether the action was reasonable and carried out in a reasonable manner.

**Stop and escalate when**

- The table says the injury is, or is not, compensable.
- The injury date is unknown, so the 31 March 2024 rule cannot be chosen.

Checked 2026-10-23.

## Sources

- [WorkSafe Victoria: Worker's injury claim form](https://www.worksafe.vic.gov.au/workers-injury-claim-form) (checked 2026-10-23)
- [WorkSafe Victoria: provisional payments for mental injuries](https://www.worksafe.vic.gov.au/victorias-provisional-payments-better-support-mental-injuries) (checked 2026-10-23)
- [Workplace Injury Commission: conciliation](https://www.wic.vic.gov.au/conciliation) (checked 2026-10-23)

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*