The Greens have, rightly, totally ridiculed the so-called restoration of journey [travel] claims in the NSW workers’ comp amendment Bill, which passed through the Upper House on Friday. Fact is that workers who are injured while travelling between their home and place of employment would only be entitled to workcover if there is “a real and substantial connection between the employment and the accident or incident out of which the personal injury arose”.
New journey claim in passed NSW workers comp Bill offers no protection
The removal of journey claims from the NSW Workers Compensation Act 1987 was undoubtedly – in our injured opinion- one of the more controversial provisions of the Workers Compensation Legislation Amendment Bill 2012.
MP David Shoebridge [The Greens] said that MP Fred Nile [ Christian Democrats] told protesting firefighters, nurses and teachers that he had “saved journey claims” during negotiations with the Government. But what has Fred really “saved”?
Under MP Fred Nile’s accepted amendment , “workers who were injured while travelling between their place of residence and place of employment would only be entitled to workers’ compensation if there was “a real and substantial connection between the employment and the accident or incident out of which the personal injury arose”.
For example, as Trinny pointed out, take the Nurse: Nurses in some states work up to 12 hour day and night shifts. Not just sitting around a nurses station all night but hands on patient care. Often highly dependent patients. Understaffed. Running flat out all shift. The fatigue, trauma and stresses can be enormous. Night staff who work 4-7 nights consecutively . (Un-staffed by the budget cuts to hospitals) and rotating rosters. Added to the stress some nurses still do the dreaded late and early shift where they end a shift at 11 pm and start again at 7 am. If the nurse travels some distance to and from work. Their sleeping time is greatly reduced. There is now a high chance of sleep deprivation, coupled with fatigue. Nurses are at a high risk of an accident to and from their employment….!
So, the fatigued, overworker Nurse has an accident on the way to or from her/his work…. will workcover be liable? Right, you can see from here that they will come up with any excuse possible to state that “this is the job requirement”, “whether you can’t sleep during the day or adapt to night/day in a blink or an eye” is “your problem”, whether you have 4 kids to look after during the day whilst you work nights is “your problem too”, and so fort and so forth… See what we’re saying? Chances are that Nurses will NOT be covered.
It is worth remembering that under the old provisions s10(3)(a) of the Act, a journey injury was compensable if sustained during “daily or other periodic journeys between the worker’s place of abode and place of employment”. Huge difference, hey!
Lucky Firefighters and paramedics
The powerful and great idea by the NSW firies to walk off the job – for the first time since 1956 – proved extremely effective, and “paramedics and firefighters” have successfully been exempted from the new laws, THANKS to the GREENS (a Greens amendment). This clearly shows that nothing is impossible and that the Butcher will have no choice but to cave in under massive pressure. As we stated before, power is in numbers and you are that power.
As part of their protest, and in order to obtain the same level of cover as police officers (who are exempted under S12 of the Bill) Fire Brigade Employees Union (FBEU) members refused to work between 1pm and 6pm.
The media (and the Butcher) was quick to allege that the firies were “unable” to attend a house fire in Sydney (Ramsgate) until at least half an hour after the emergency call, were in fact the firies attended and put out the fire within 14 minutes. Any suggestion to the contrary is deliberately misleading, according to a FBEU statement.
Procedure of a “bill”
Once introduced, a bill must go through a number of stages before it can become law. In theory, this allows the bill’s provisions to be debated in detail [ahum- in this case...], and for amendments to the original bill to also be introduced, debated, and agreed to.
A draft Act of Parliament is known as a bill.
In Australia, the bill passes through the following stages:
- First Reading: Again, this stage is a mere formality.
- Second Reading: As in the UK, the stage involves a debate on the general principles of the bill is followed by a vote. Again, the Second Reading of a Government bill is usually approved. A defeat for a Government bill on this Reading signifies a major loss. If the bill is read a second time, it is then considered in detail
- Consideration in Detail: This usually takes place on the Floor of the House. Generally, committees are not used to consider the bill in detail.
- Third reading: A debate on the final text of the bill, as amended. Very rarely do debates occur during this stage.
- Passage: The Bill is then sent to the other House (to the Senate, if it originated in the House of Representatives; to the Representatives, if it is a Senate Bill), which may amend it. If the other House amends the Bill, the Bill and amendments are sent back to the original House for a further stage.
- Consideration of Senate/Representatives Amendments: The House in which the bill originated considers the amendments made in the other House. It may agree to them, amend them, propose other amendments in lieu or reject them. However, the Senate may not amend Money Bills, though it can “request” the House to make amendments. A Bill may pass backwards and forwards several times at this stage, as each House amends or rejects changes proposed by the other. If each House insists on disagreeing with the other, the Bill is lost.
- Disagreement between the Houses: Often, when a bill cannot be passed in the same form by both Houses, it is “laid aside.” Sometimes, a special constitutional procedure allowing the passage of the bill without the agreement of both houses is allowed. If the House twice passes the same bill, and the Senate twice fails to pass that bill (either through rejection or through the passage of unacceptable amendments), then the Governor-General may dissolve both Houses of Parliament. If the House again passes the bill after the election, but the deadlock between the Houses persists, then the Governor-General may convene a joint sitting of both Houses, where a final decision will be taken on the bill. The procedure only applies if the bill originated in the House of Representatives. Six double-dissolutions have occurred, though a joint session only became necessary once.
Shortlink: http://aworkcovervictimsdiary.com/?p=10234
Do we live in Nazi Germany here in NSW? When there are changes in the law such as this ’44A (3) A work capacity assessment is not necessary for the making of a work capacity decision by an insurer.’ I am terrified !!! Not even following any procedures, they can make medical decisions about injured worker’s capabilities. I thought practising medicine without a license was against the law. DISGUSTING !!!!
There were no procedures followed with this legislation at all. We have seen a dictator in action, he already had his party and their business friends write up this flawed legislation before the Commitee even met (not that they weren’t also influenced by what Barry wanted). And to add insult to injury that idiot Fred Nile took people’s rights to be covered legally away from them. The journey laws are a joke. Throw out this crappy legislation and this corrupt government with it.
Mr Shoebridge raised the issue of insurance clerks (no experience or expertise) overruling professional medical experts to deny claims. That just one outrageous point that was raised in parliament – I couldn’t stomach the crap coming out of the so-called Honourable Mr Pearce and Khan’s mouths, so I walked out. They are absolutely clueless about the real issues.
We also posted a submission made to the “inquiry” a few day ago:
Bravo to Professional Health Partners P/L for telling it like it is. You can tell from their ‘General Overview’ that they are not impressed. Join the CLUB!
http://www.parliament.nsw.gov.au/Prod/parlment/committee.nsf/0/8274d965b8185fceca2579fe00825c8c/$FILE/10_Professional%20Health%20Partners.pdf
On another note I thought about the very serious concerns you raised, Bunny with re to the new legislation where case manager would now be allowed to decide (medically untrained and totally uneducated!) whether you can or can’t return to work and that a medical or capacity assessment is not even necessary… (which is OUTRAGEOUS) … but, looking it from the “business as usual way”, at least from my own experience down in Vic (and I am sure from many other injured workers own experience, also in NSW as evidenced by the submission and as raised by Shoebridge), would anything change is the legislation was written in a different way? Fact is that insurers routinely IGNORE and OVERRULE IMEs and injured workers’ own treating super specialists’ recommendations, medical (legal) certificates, capacity, return to work restriction and plans, even vocations. They do not give a toss and could NOT care less about the well-being of any injured worker.
It is one thing “writing legislation” and “adhering to it”.. Insurance companies seem above the law.
70% of case managers would by now be in JAIL in Victoria under Brodies Law….
Compo fury: Peter Moran slams WorkCover changes
Peter Moran still has nightmares about the horrific accident that saw his feet crushed beneath half a tonne of steel pipes at Tahmoor Colliery.
Now he is furious at the State Government over controversial changes to WorkCover, the workers compensation scheme, which he fears will threaten his payments.
The Shellharbour councillor and former truck driver was seriously injured when metal pipes fell on him as they were unloaded from his truck at the colliery in March
Four months after the accident, Cr Moran is still unable to walk without help. Swelling and pain means he can’t put a shoe on his left foot, let alone the safety boots he would need to return to work.
His condition is improving, but he is still forced to keep his feet elevated for most of the day.
He has plates and screws in his left wrist, and only recently graduated from a scooter to crutches.
The complex WorkCover reforms, which passed Parliament late last week, placed a cap on benefits for injured workers to help rein in the scheme’s $4 billion deficit.
The reforms included reduced weekly payments after 13 weeks.
For less seriously injured workers, payments for medical expenses will be limited to 12 months after their weekly payments end.
The changes don’t apply to police, firefighters, paramedics or coalminers.
‘‘I can’t tell you what the impact will be on my life, but obviously it will have a significant impact, just as losing 20 per cent of your income would have on anyone,’’ Cr Moran said.
‘‘I’m worried that I won’t be able to do the job I’ve done for most of my life and, in fact, that I won’t be able to do any outside job.
‘‘My claim is that I was injured because of the negligence of another person, who was not an employee of my employer. Why should we bear the burden of costs for someone else’s action?’’
A spokesman for Finance Minister Greg Pearce confirmed the changes would apply to existing claimants, but only after insurers had made decisions about their work capacity.
‘‘[The] changes will not immediately affect workers whose claim is less than six months old,’’ he said.
‘‘This group of workers will undertake a work capacity assessment if they are still unfit for their pre-injury job after 26 weeks.’’
Greens MP David Shoebridge, who knows Cr Moran through the party, said his payments would likely stop within five years under the new laws.
‘‘But for these changes, he would have had his medical expenses paid for the rest of his life and some sort of weekly payments for the rest of his working life,’’ Mr Shoebridge said.
A NSW Trade and Investment safety report after Cr Moran’s accident recommended coal mine operators review risks and controls for unloading materials.
http://www.illawarramercury.com.au/news/local/news/general/compo-fury-peter-moran-slams-workcover-changes/2601182.aspx?storypage=0