What the draft Code of Claimants' Rights could mean for injured workers
WorkSafe Victoria has released a draft Code of Claimants' Rights, setting out how injured workers should be treated by WorkSafe, its agents and self-insurers. Here's what it covers, and what it doesn't.
Anyone who has been through a WorkCover claim knows that the process itself can be as draining as the injury that started it. Long waits, unclear communication, and feeling like a case number rather than a person are common complaints. WorkSafe Victoria's draft Code of Claimants' Rights (the Code) is an attempt to address that directly, by setting out in writing how claimants should be treated.
The Code is a product of the Workplace Injury Rehabilitation and Compensation Amendment Act 2025, which allowed the Minister for WorkSafe and the TAC to approve a Code of this kind. Public comment on the draft closed on 27 May 2026, and at the time of writing it has not yet commenced — the draft itself leaves the commencement date blank, to be filled in once finalised. You can read the draft in full, or follow updates on when it takes effect, on WorkSafe Victoria's website.
What the Code is trying to do
The stated purpose of the Code is to make sure claimants are treated with dignity and respect, and to set clear service standards for WorkSafe, its authorised agents, and self-insurers. It applies not just to WorkSafe itself but to independent medical examiners, occupational rehabilitation providers, and private investigators engaged in the scheme.
Importantly, the Code sits alongside a worker's existing rights rather than replacing them. It doesn't change anyone's entitlements under the Workplace Injury Rehabilitation and Compensation Act 2013 or earlier legislation — it's specifically about how people are treated along the way.
The seven rights set out in the draft
The draft Code groups its protections into seven rights. In summary:
| Right | What it covers |
|---|---|
| Dignity and respect | Being treated with honesty and courtesy, with recognition that a workplace injury can bring physical, emotional, social or financial strain. |
| Fair treatment | Having your views listened to and considered, and your individual needs — including age, gender identity, or disability — met with sensitivity where you choose to share them. |
| Cultural values | Having your culture, values and beliefs respected, with reasonable steps taken to accommodate cultural needs you raise. |
| Support person | Bringing someone for emotional support or guidance to meetings, with an explanation given in the rare cases where this isn't possible (for example, some independent medical examinations). |
| Communication | Open, honest and effective communication, including being asked about your preferred communication method and offered an interpreter where possible. |
| Information | Being told how to apply for compensation, kept informed about your claim, entitlements, obligations and review rights, and told about expected timeframes. |
| Complaints | The ability to raise a concern if you feel your rights under the Code haven't been met, with information about how that complaint will be handled. |
This is a summary of the draft as released for public comment — the final wording may change before the Code commences.
How a complaint would work
Under the draft, a worker who feels their rights under the Code haven't been met could raise the issue directly with the person they've been dealing with, that person's manager, or the relevant agent or self-insurer. A complaint could also be lodged with WorkSafe directly at any time, regardless of whether it had already been raised elsewhere.
WorkSafe would then be expected to acknowledge the complaint in writing, explain the process and likely timeframes, investigate, and advise the worker of the outcome in writing — including whether the complaint was substantiated and what would happen next. Complaints could also be referred on to other regulators, such as the Australian Health Practitioner Regulation Agency, where relevant.
What the remedies look like
Where a complaint under the Code is upheld, the draft sets out that WorkSafe may provide a written or verbal apology, an explanation of what happened and why, or confirmation of steps to prevent it happening again. These are the remedies specifically contemplated by the draft as it currently stands.
An important limit on the Code. The draft is explicit that it does not create a legal right, and a breach of the Code cannot itself give rise to a civil claim or an award of damages. It also doesn't cover disputes about compensation or treatment decisions — those still go through the usual dispute pathways under the WIRC Act. In other words, the Code is about the standard of treatment a worker can expect day to day, not a new avenue for compensation.
What the Code doesn't cover
A few things sit outside the Code's scope. Disputes about the substance of a claim — whether an injury is compensable, or a decision about treatment — are handled through the existing dispute mechanisms under the WIRC Act or the Accident Compensation Act 1985, not through a Code complaint. Complaints about the clinical opinions or medical treatment of health professionals aren't covered either. And the Code doesn't replace a worker's existing avenues, such as the Victorian Ombudsman or the Victorian Equal Opportunity and Human Rights Commission, which remain available regardless.
Where things stand right now
As it stands, this is still a draft. Public comment closed on 27 May 2026, and WorkSafe has indicated the Code is expected to commence later in the year, though an exact date hasn't been confirmed. The version described here reflects the draft released for consultation, and some details may change before it takes effect.
Have questions about your WorkCover claim?
Whether or not the Code has commenced, you're entitled to fair and respectful treatment throughout your claim. If you feel that isn't happening, or you'd simply like an experienced view on where your claim stands, we can have an obligation-free conversation about your options.
Get in touchThis article summarises a draft document released for public consultation, as at August 2026. The final Code may differ from the draft described here, and this article isn't legal advice for your specific situation — please seek advice before relying on anything above.
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