As we and the Injured Workers Support Network posted yesterday,both the Injured Workers Support Network and aworkcovervictimsdiary.com recently received a number of calls and emails from distressed NSW injured workers claiming insurance companies were threatening to take away -and actually have already taken away- their current entitlements, so we (John Mc Philbin) contacted WorkCover to seek clarifications.
Protect yourself against insurance vultures such as Ahhlianz
According to WorkCover NSW response, injured workers are currently protected until they undergo capacity assessments from any assault on there current benefits – and as the reply states:
Due to the large number of people receiving payments, it may take more than 12 months for all existing claimants to undergo a work capacity assessment.. Existing weekly payment rules will continue to apply until the person has undergone an individual work capacity assessment. Furthermore, any intention to alter current arrangements needs to be preceded by written intention by the insurer of at least three months prior to making alterations.
Today we received an email from an aggrieved injured worker whose weekly pay has already been cut by Allianz!
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We advise anyone who have and who have been threatened with having their benefits altered without going through this process, contact WorkCover NSW – as this injured worker has rightly done – and your legal representatives.
We have no doubt that the insurance vultures will use the confusing and transitional times to their uttermost advantage, and prey on the most vulnerable amongst us [injured workers].
The original email from workcover NSW is as follows:
——– Original Message ——–
Dear John, Thank you for your enquiry regarding the changes to the workers compensation legislation
in New South Wales. The Workers Compensation Legislation Amendment Bill 2012 and the Safety, Return to
Work and Support Board Bill 2012 were passed by Parliament on Friday 22 June 2012
and assented on Wednesday 27th June. The new workers compensation laws change
the way workers compensation benefits claims are assessed and paid. Some of the
changes have already taken effect. These include arrangements for journey claims,
lump sum payments, nervous shock, heart attack and stroke and disease injuries.
The remaining changes will come into effect gradually over the next 12 to 18 months. Special arrangements will apply to people who are already receiving weekly payments immediately prior to commencement of the new arrangements. The changes depend on the length of time people have been receiving payments and their level of work capacity. Some features of the special transitional arrangements are: • during the first 26 weeks of incapacity payments, the amount paid will be the same as under the existing rules; • claimants who have already received 26 weeks of payments, and have an ongoing entitlement, will be paid according to a transitional rate (subject to a work capacity assessment) that is significantly more than the current basic rate of payment; and • existing weekly payment rules will continue to apply until the person has undergone an individual work capacity assessment. Due to the large number of people receiving payments, it may take more than 12 months for all existing claimants to undergo a work capacity assessment. Injured workers will be given three months’ notice by their Scheme agent of any changes to their weekly benefits due to the new laws. The most seriously injured workers will not be subject to work capacity assessments unless they wish to have one. A brochure, fact sheet and frequently asked questions are available on our website, www.workcover.nsw.gov.au. Further information will be posted as it becomes available. Regards, D. Henley on behalf of Contact mailbox WorkCover Information Centre phone 13 10 50 WorkCover NSW 92-100 Donnison Street, Gosford NSW 2250 phone 13 10 50 Email: Contact@workcover.nsw.gov.au WORK SAFE HOME SAFE
Links to article on the IWSN: http://www.injuredworkerssupport.org.au/?p=865
Shortlink: http://wp.me/p1MA9G-2Pi
About WorkcoverVictim
I was assaulted by a large patient whilst working as a nurse . I underwent numerous major shoulder reconstructions and suffered near fatal complications. I am left with an extremely painful and irreparable dominant arm.
This site was born out of my sheer frustration, anger and grief regarding the workcover system where all is not made clear, where the waters are very murky, and when the chips are down, the very people who are responsible for duty of care and support simply choose to ignore you, the injured worker.
I dedicate this site to all injured workers who have been abused by the adversarial workcover compensation system. May they never give up, may they fight like warriors for their legitimate rights, and -most importantly- may they hold onto their dignity, self-respect, self-esteem and sanity; and may they WIN!
Utter Parasites!
Absolutely pointless attack on the injured and once again this highlights how the insurers are the cause of delays, bullying, undue hardship and which is what costs the system money.
Does this mean that until we undergo a capacity test, we can have our matters heard through the Workers Compensation Commission and still claim legal costs?
Hi I love this website, this issue stinks!
I would like to know if anyone has tested a class action against the NSW Govt for negligence. I have had an ongoing work cover claim and the system that in place to support and protect injured workers has totally failed me.
So pressured to return to work while suffering the injury I have left my Govt job, and have two casual jobs but I am constanty anxious about being given shifts at work so I can show the insurer I am working. I struggle to work 8 hours a week.
What will happen to me in light of the new legislation If I cannot work or find enough casual work to total 15 hours will I be deleted from the system?
My pre injury hours were 16 per week,
We received an email from an injured worker who wrote to their insurer asking for clarifications for a sudden unexplained cut in weekly pay – the insurer responded that the correct amount had been paid but “that tax was deducted” – very interesting concept of sudden “tax deductions” whilst the injured worker had been receiving the same amount of weekly pay for yonks…
We will keep you posted.
If anyone has had their weekly pay cut in NSW without explanation, or without notice, or with a strange reason following inquiry such as “tax deduction” we’d like to hear from you.
The more we can publish what is going on, the better and if insurers know we are watching they will tread a bit more carefully…