What a sad, sad day for injured workers in NSW. Yes, he will have blood on his hands, tragically.
The NSW government’s WorkCover overhaul will cap weekly benefits and exclude injuries sustained on the way to work, according to an internal briefing note.
The note was sent to MPs by Finance Minister Greg Pearce, who stated the amount paid to injured workers would also be reduced at a faster rate.
It appears the government will adopt many of a recommendations of a parliamentary committee that called for an overhaul of WorkCover to rein in a deficit of more than $4 billion.
“The NSW workers compensation scheme is unsustainable at it is currently priced,” the briefing note seen by AAP says.
“The bill will improve return-to-work outcomes, increase compensation for seriously injured workers and reduce the annual cost of the scheme by around 25 per cent.”
Under the government’s proposal, weekly benefits will be reduced after 13 weeks, replacing the current system of a 100 per cent payout for 26 weeks.
A one-year cap for the payment of medical benefits will also be introduced, with an exemption for the seriously injured.
Journey to work claims are out and the note says “cover for strokes and heart attacks can only apply where work significantly increased the risk of occurrence”.
The bill, which is expected to be introduced into parliament later on Tuesday, will apply retrospectively to existing claims.
“Changes to weekly benefits, medical costs and duration are to apply as soon as possible to existing claims, after the commencement of the legislation, and changes to lump sum compensation will apply to existing claims from the date of the legislation’s introduction,” the note says.
Mr Pearce wrote that increasing premiums to meet the deficit would “only exacerbate the current discrepancy – to the detriment of jobs growth”.
The government has previously warned premiums will rise by 28 per cent unless WorkCover is reformed.
NSW Premier Barry O’Farrell wants the reforms passed by parliament this week and has told MPs they can’t break for the winter recess until the new laws are in place.
Police officers are exempt from any changes to WorkCover because they experienced drastic changes to their own death and disability scheme last year.
http://news.smh.com.au/breaking-news-national/nsw-confirms-cuts-to-workcover-20120619-20lah.html
Barry O’farrell you are in the same league as Bob Carr brain dead
Well folks there it is, retrospective !!!!! This mongrel tried to introduce retrospective laws concerning the solar bonus program and he was soundly defeated on that because people rang up their local member and complained. I have just rung my member and I urge any injured worker or their families to do the same. These laws are an abomination as are all the vile right wing politicians who created them. What next? Are the courts going to accept this? I feel like I am living in Nazi Germany…first they came for the Trade Unions, then the disabled and mentally ill……. says it all.
From David Shoebridge’s office:
http://davidshoebridge.org.au/2012/06/19/retrospective-compo-cuts-deliver-for-private-insurers-at-expense-of-workers/
Retrospective legislation to be rushed through NSW Parliament this week will see private insurers rewarded for price gouging, at the expense of injured workers, according to Greens NSW Industrial Relations spokesperson David Shoebridge.
“This legislation will be retrospective, taking away working people’s rights from the moment it is introduced in parliament,” Mr Shoebridge said.
“This retrospectivity wasn’t even recommended by the rushed hatchet committee set up by the government.
“Among all the changes proposed to WorkCover, Mr O’Farrell has done nothing to contain the sky-rocketing fees paid to private insurers to manage claims, one of the real reasons that the scheme is in the red.
“People who are injured at work deserve better than the raw deal they are getting from the O’Farrell government.
“The removal of protection when workers are travelling to and from work represents a major assault on the rights of people in NSW.
“This legislation is an appalling step backwards – punishing injured workers because of mismanagement by successive governments and profit gouging by private insurers.
“Making the changes to WorkCover retrospective is an additional dirty move by the O’Farrell government.
“If this becomes law injured workers will be many thousands of dollars worse off, which will see many forced into poverty,” Mr Shoebridge said.
I can’t believe that this has happen. I don’t know what will happen to injured workers that can only work a couple of hours a week and can’t find work, maybe o ‘Farrell will hire us. Maybe we should start our own insurance company and under cut the unfair insurance company’s that get their big fat paycheck at the cost of the workers suffering, how could the government refuse our company it would save them a heap of cash, at least we would treat people with kindness and understanding and by not taking such a big cut it can go to the people who really need the money.
NSW confirms cuts to WorkCover
Announcing the changes on Tuesday, Finance Minister Greg Pearce said the reforms ensured injured workers would get the treatment they needed to return to the workforce.
“The government has a clear focus to ensure the scheme gets back to meeting its key aims – supporting injured workers through rehabilitation, getting them back to work, and remaining financially sustainable,” Mr Pearce said in a statement.
The workers compensation scheme has been costing the state up to $9 million a day, he said.
“Its $4 billion deficit is spiralling out of control and we simply cannot afford to wait around,” Mr Pearce said.
Under the reforms, weekly benefits will be reduced after 13 weeks, replacing the current system of a 100 per cent payout for 26 weeks.
There will be a five year cap for weekly benefit payments, with an exemption for the seriously injured.
A one-year cap for the payment of medical benefits will also be introduced, also with an exemption for the seriously injured.
“The reality is without these reforms NSW businesses were facing premium hikes of up to 28 per cent, an increase which would stall economic growth and job creation,” Mr Pearce said.
He confirmed there would be no changes to compensation for police officers injured on the job, after they experienced drastic changes to their own death and disability scheme last year.
The bill, which is expected to be introduced into parliament later on Tuesday, will apply retrospectively to existing claims.
NSW Premier Barry O’Farrell wants the reforms passed by parliament this week and has told MPs they can’t break for the winter recess until the new laws are in place.
NSW Premier Barry O’Farrell said the WorkCover changes would make the system “fairer and more sustainable and encourage injured workers back to work”.
“This scheme was never about providing all injured workers with support for life. This scheme was about trying encourage workers who have been injured, who are capable or returning to work, to get back to work,” Mr O’Farrell told reporters in Sydney.
“That is the best thing for them, it’s the best thing for the community, it’s the best thing for the economy.
“But equally these reforms are about ensuring that those who are severely injured, totally incapacitated, that there will be the ongoing support they deserve.”
NSW Opposition Leader John Robertson accused the government of ramming through legislation that was going to hurt those who were the most vulnerable.
The WorkCover reforms are expected to be passed by the lower house on Tuesday, and the upper house on Wednesday.
“This is legislation that is going to be rushed through parliament, that is going to see injured workers badly affected by these changes,” Mr Robertson told reporters in Sydney.
“We are going to see injured workers and their families significantly worse off simply because Barry O’Farrell is on a ideological jaunt to cut the benefits to injured workers in NSW.”
Unions NSW secretary Mark Lennon said Mr O’Farrell was intentionally rushing the legislation through to “confect a crisis” that didn’t exist.
“There is no crisis with our workers compensation system,” Mr Lennon told reporters.
“It needs to be reformed, yes, but sensible genuine reform that ensures that the scheme remains viable but does not rip away benefits from working people.”
Mr Lennon said Unions NSW would lobby crossbench MPs to reject the legislation.
CFMEU NSW President Rita Malia said she was particularly concerned that the legislation was retrospective.
“It really is a disgraceful situation that we’re standing here today and seeing this kind of legislation being forced through the parliament,” she told reporters.
http://news.brisbanetimes.com.au/breaking-news-national/nsw-confirms-cuts-to-workcover-20120619-20lah.html
The Butcher is in a big hurry and we wonder why?
He even twitters from parliament !
Ok, any lawyers out there? Consider this, retroactive legislation means that those workers on weekly benefits who have been on them for over five years will now owe the weekly benefits they received after the five year cap. Imagine being unable to work for 10 years and now Barry legislates 5 years max, how the hell do you pay that back? Great work Barry, how are you going to make retroactive legislation apply to some areas and not others? Where the hell are the courts????
I agree with your here that this retrospective applying of the new legislation is fully sick (a very very dirty tactic indeed) and that it does not make any sense at all. As you rightly state how on earth are those injured workers deemed unable to work > 5 years (and 2 years!) a) survive without income and b) repay their weekly payments. Not only that but what is supposed to happen to those who sustained an injury during their travel to work, will their claims now be rejected? Closed, be invalid. What a f*king joke! What about those who are in litigation as we speak? Death benefits? Those family members who are now in counselling for nervous shock because their loved one got killed on the job, those who were left penniless because their breadwinner was killed at work. What about those who’s medical treatments will being ceased, again “retrospectively”? Does this mean they have to undergo surgery to UNDO the surgery they had, remove the screws they had put in? Wow, wow, wow… This is ridiculous? Shows how insanely NOT thought about it all was. It’s fully sick and will devastate, ruin and kill many NSW injured workers. The butcher has blood and murder on his hands.
I agree, I think a lot of people will not cope and end it all. I know that I have felt that way many times and it far worst now. I feel sick to think that injured workers are the target of O’Farrell cost saving solution but the insurance company’s who make huge amounts of money off work over are not looked at, how is that fair.
Consider this as well, the legislation has to have a date applied to ‘retrospective’, now how far back will he go? The further back it is the more political suicide he commits. Imagine if he makes it 1987 when the act was first drafted. Lawyers will have a field day with this.
Nope, I don’t think they can dispute the legislation.
How do we get our message into Fatty O’Barrel’s Lard filled thick Head. This needs to be challenged through the courts and with reference to Human rights Laws and the constitution. I cannot believe every member of Parliament is being bullied and held to ransom by being told they continue to sit until this shameful legislation is passed in parliament.
If any consolation, the very popular COS magazine (Canadian OHS) most kindly published our article and shared NSW’s tragic day…
Thank you, COS! Much appreciated!
http://paper.li/cosmagazine