Female workers and occupational cancers: how Victorian law has changed

There have been important changes to Victoria’s WorkCover and common law entitlements for workers suffering from primary site uterine, cervical and ovarian cancer.

What are the changes?

Under the Workplace Injury Rehabilitation and Compensation Act, certain diseases are called “eligible progressive diseases”.

Eligible progressive diseases are declared to be serious, potentially life-threatening and extremely likely to cause ongoing deterioration of a person’s health, such that the degree of impairment resulting from the disease is unlikely to stabilise for any significant period of time.

The Victorian Parliament has added primary site uterine, cervical and ovarian cancer to the list of eligible progressive diseases.

These changes will mean that women who develop these types of cancers receive the same consideration as those suffering other cancers which can develop through long-term contact with carcinogens through their work – particularly firefighters.

The changes apply to workers diagnosed on or after 1 June 2016 as suffering from primary site uterine, cervical and ovarian cancer.

Changes to the requirement for injury stabilisation

Affected workers suffering from primary site uterine, cervical and ovarian cancer will no longer need to wait until their injury has stabilised for 12 months before claiming lump sum payments.

Further Impairment benefit claims

Injured workers suffering from primary site uterine, cervical and ovarian cancer who experience deterioration of 10% or more whole-person impairment will now be able to bring a subsequent impairment benefit claim. 

Family Counselling entitlement changes

Family members of those affected will also have extended eligibility to access medical practitioners, psychologists and social workers who can support them through grief and loss.

When did the changes occur?

The changes came into effect on Thursday, 5 December 2024.

If you or someone you love is affected by occupational disease, contact Maurice Blackburn on 1800 111 222.

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