Exclusionary provisions

Exclusionary provisions — general

Most jurisdictional workers’ compensation legislation contains exclusionary provisions. These provisions set out certain circumstances in which workers’ compensation will be denied. Exclusionary provisions apply to ensure that people who exhibit reckless or wilful behaviour in the workplace are excluded from receiving workers’ compensation benefits. If an injury is caused by the serious and wilful misconduct of a worker, but results in death or serious and permanent impairment, workers’ compensation will usually be payable. Table 4.15 shows the general exclusionary provisions in each jurisdiction.

Exclusionary provisions for psychological injuries

Statutory threshold requirements for psychological injuries vary significantly from physical injuries. To be eligible for compensation, the claimant of a psychological injury must be able to demonstrate that the injury was not related to any reasonable action taken by their employer in relation to a dismissal, retrenchment, transfer, performance appraisal, demotion, disciplinary action or deployment.

In addition to these criteria, the claimant must also meet the designated impairment threshold for psychological injury. There are also significant differences in the way in which each jurisdiction assesses psychological impairment. Table 4.16 lists the exclusionary provisions for psychological injuries.