It sounds like the fight is on. I hope so and I wholeheartedly support the NSW opposition’s aim to get more than 10,000 signatures to re-open the debtate on these atrocious laws.
WE WOULD ASK ALL WHO ARE CONCERNED TO DOWNLOAD A COPY AND HELP COLLECT SIGNATURES (NSW RESIDENTS ONLY)
The petition can be found at http://www.johnrobertson.com.au/media-2/speeches/workers-comp-petition-template/
The NSW opposition has launched a petition designed to reignite debate about workers’ compensation.
THE state government is cutting WorkCover compensation payments to some public service staff, including cover for injuries sustained on the way to and from work.
Nurses and other hospital staff are among those facing cutbacks, but firefighters have won exemptions following last month’s industrial action. Police are also exempt.
Opposition leader John Robertson on Thursday said he hoped to get 10,000 signatures on the petition to force the government to debate the laws again.
“This legislation has been passed, but that doesn’t mean this fight is over,” he told reporters in Sydney.
The opposition leader was speaking outside the Royal Prince of Wales Hospital, flanked by a dozen nurses said to be affected by the changes.
“We’re aiming to get more than 10,000 signatures on this petition so we can see a debate,” Mr Robertson added.
“The O’Farrell government needs to stand up in the parliament and justify these changes.”
Mr Robertson suggested some government MPs were uncomfortable about the cutbacks when they were last debated.
The government last year promised to debate any subject raised in a petition to parliament carrying 10,000 or more signatures.
http://www.heraldsun.com.au/news/breaking-news/workcover-petition-aims-to-reopen-debate/story-e6frf7kf-1226417897655
Where can I sign what can I do to get more signatures?? Can we(injured workers) hand deliver the petition to Barry??
Will
Contact John Robertson’s office and let him know – I’m sure he’d love for injured workers to deliver it personally. I’m going to volunteer as well.
i have spoken to many worker from lots of different industries and none seem to no anything about these changes and when i tell them they are horrified what i cant understand being an ex union delegate from a large firm why the fuck the unions havent sent their delegates to all there members and told them whats going on they will get 100,000 signagers once they no what they have really lost,this is against our basic human rights if they can do this then we are all fucked this need a concertive effort from all unions and workers even if not in one from the teachers builders medical ,we need to combine and stop nsw in its tracks until it hits the radio and tv and what other media it takes for people to now what they have lost, yes im angry i have put up with pain for twenty years and had two spinal fusions have to have another and never made a claim and now i really need it my solicitor tells me ive lost all rights to claim and he cant represent me just becauce i put the company first
Never made a claim?! Do this first thing in the morning, that will help you more than posting a comment here.
If you can, call a solicitor urgently to know how to go about this. Most of them provide first consultation free. But confirm this with the solicitor first.
As John posted yesterday Copies of the NSW Labor petition opposing the O’Farrell Government’s cuts to workers’ compensation can be obtained by calling the Opposition Leader’s office on (02) 9230 2310 or downloaded at http://www.johnrobertson.com.au/media-2/speeches/workers-comp-petition-template/
So I did, been so busy I forget what I’ve posted (between IWNS and here). Thought is was well worth repeating though. Especially given O’Farrell has established 10,000 signatures to open up further debate. And yes, many who passed the laws would be petrified if asked to debate them.
HI ,JOHN I WOULD LIKE TO GET MY STORY ONLINE I WAS ALSO BULLIED OUT OF MY JOB 2003 AM STILL FIGHTING THIS CORRUPT SYSTEM ; THE CONTEMPT OF DOCTORS AND LAWYERS IS ALSO INTIMIDATING AND A FORM OF BULLYING . THE SYSTEM IS A FORM OF MENTAL ABUSE . A POLITICAL , MEDICAL , AND LEGAL SCAM (fraud) AGAINST WORKING CLASS PEOPLE .
Hi NOJONIFTY 3
Sounds all too familiar – please feel free to contact me on: (02) 9749 7566
Or email me: john.mcphilbin@injuredworkerssupport.org.au
I’ll see what I can do to help tell your story. In fact, i think airing your story really helps.
An alternative way is to use our share your story page, where you can also upload documents if you want or just write your story and we will publish it on our blog completely anonymously if you wish!
It’s always a great idea to share your story/experience, and as Erin Brockovich says, silence is really NOT an option. The more people share their stories the better we can uncover the real workers comp system. Erin told me that in doing so we would not only gather evidence of wrongdoing but it will also make insurance companies “scared” of injured people and the power they have in disclosing publicly their bad behaviours and dirty tactics.
this is fantastic news ever since i was told of these law my suicidle thought have grown and i thought all was lost i was injured in 1994 and have had to self catheterise since my back injurie and have never claimed against my isurer gio other than medical exspeses i have had two spinal fusions and now am told i need a third that if they will pay we run a small business in tourism and would be happy to collect signagers peolpe dont know the real truth
I totally agree, I have been suffering an injury since my heal caught on a raised concrete block on some stairs at work and I fractured my foot. 6 Years of pain and suffering and loss of enjoyment of life, and I feel like the criminal. They have denied my serious injury claim and have adjourned my court case as I received surgery on my foot to help control the advancement or arthritis. At every turn they try to stall the process, all at a cost to me the injured worker. I think the whole system is a disgrace, wholey set against injured workers. The entire onus and cost sets on the victim to prove their injuries with a gammit of solicitors, courts, medical professionals staying in business out of our suffering. The money spent on all this shananigans would pay for my pain and suffering.
It seems to me that the insurers and worksafe only need to deny each claim and I am sure many people would give up considering the risk and upfront costs of fighting your case. The whole system is entirely set infavour of insurers and against workers.
10,000 signatures should be no problem – I can’t wait to see the O’Farrell Government attempt to defend their attack on injured workers. Their credibility will come under some real scrutiny, I’m sure.
What about the petition on the NSW for All website?, this had over 5300 digital signatures online, plus who knows how many more were floating around on paper from workplaces. Has Unions NSW just forgotten about this program?. Also one thing I can’t get my head around is paper partition only in the 21st century. Is the answer that online partition signatures are not able to be accepted?
Hi Tigermoth
I too, questioned a paper-based petition – it has to be hand-written to prove authenticity. Also, doubt can be cast on an online petition by unions. It’s got to be the old-fashioned way.
I will definitely download it and get signatures.
I know for a fact that e-petitions are not legal in Vic because they argue that they are open to “international” and “interstate” voters for example…
Another good point – imagine, thousands turned out for protests against these laws X3-5 a very conservative estimate and 10,000 is a walk in the park.
I, for one, am very eager to see this openly debated. I witnessed the ‘ants in pants’ reactions to opposition of these laws as they were going through and it was a numbers game. An open debate will really shine a light on the superficial understanding those who voted through these laws really have.
It will be a credibility game which may ruin a few reputations.
The minor parties who joined in on the attack will have to reconsider their loyalties if they are to stand any chance of remaining viable, in my opinion.
Here is an idea.
For all injured who can without compromising their medical restrictions.
Print off several copies of the oppositions Petition, head down to a Liberal electorate’s office stand in front and ask every person who walks by to sign the Petition. You will for the majority be asking that liberal members constituents’ if you reside in Speakman’s electorate even better. The more constituents that are under Liberal that sign the better, this would send a clear message to the O’Farrell government that the people that voted them in are Very Unhappy & Very Angry and will just as easily Vote them OUT !!!!
@ an average of 2000 readers PER DAY on this site alone, hell 10,000 signatures could be gathered in less than a week just here. Would love nothing more than for those people to be publicly humiliated for having rushed through such a pile of sh*it!
I have to let everyone know that the most vile description of injured workers is still in the legislation. I gave it a few weeks so that it could be corrected, but no, it is still there
2.3 Amendment of Civil Liability Act 2002 No 22
Section 26I Non-economic loss damages limited to workers
(2) When determining the total amount to which a worker would be entitled as compensation under a provision of the Workers
Compensation Act 1987, the amount is to be determined under the provision as it was in force when the injury to the OFFENDER
was received.”
OFFENDER is written in the legislation to describe injured workers, how would a judge react to that? This is atrocious, prejudicial and a complete expose of how we are considered. Even if this is a mistake, it has not been corrected and remains there for all to see. Labor use this !!!! Lawyers use this !!!
OFFENDER, my god its true I have been treated like a criminal by insurance/independant RTW officers! and their Dr’s. Well its confirmed in legislation that I am one I have never had more than a parking ticket but through this legislation I have finally found my calling in life…OFFENDER
I still can’t get my head around the NSW compo changes being retrospective. How is that legal – insurer doesn’t even know whats going on. Can this be challenged. Can Labor be trusted to change the compo laws back to at least how they were and what about all those who will have lost their weekly payments and ongoing medical costs in the meantime.
Hi Leanne, it would be great if we could represent ourselves in parliment not sure how we could form a party or even get a foot in the door. As I am not sure we can trust anyone outside of ourselves(injured workers)to represent us.
Hi Will
I’m working on that!
Not sure that another one trick party is the way to go. Electoral laws are pretty tight and costs are huge. As most of our Unions are pretty much ALP can’t see them supporting another party. For the last few years i have been thinking about how to organise injured workers – particularly those like myself who are no longer able to work and so are no longer union members and are left isolated from the trade union movement. Making contact would be the most difficult – would need Unions support. Don’t know if this is possible but what do others reckon.
Not sure if Barry would take any notice of a paper petition. The only way he will act is to back it up with long and protracted strikes by all workers is whats needed. This affects all workers in NSW not just the ones who are injured. Start it off with a 100,000 march in the near future similar to the million man march in the US.
Leanne, I taped Barry saying this legislation was not retrospective on the 7.30 report. As the retrospectivity is not dated (i.e.it does not state clearly when it is back dated to) and it is not stated in the legislation and Barry says it isn’t then it can’t be enforced. Keep telling those insurance agents you are under the old legislation and this one does not apply. I would like to see them fight the legality of it.
Excellent point – here is the 7.30 report where Barry actually says the legislation is not retrospective. Would be worth posting far and wide!
Barry clearly says the law is NOT retrospctive!
First will have to convince our solicitors of this. What are other peoples solicitors saying. Mine basically said that i’m buggered and that even though my injury happened 13 years ago – doesnt matter – the agreement I entered into with insurer for very small lump sum but weekly payments and ongoing medical costs till retirement age – doesn’t matter. Suggested I go to centrelink when am cut-off but like a lot of us – I won’t be entitled because my partner works and the kids are grown. Also said that no-one would be paying him anymore so he won’t be working for free. Can’t stop thinking about the impending loss of my income and medical costs. Last thing i think about at night (along with chronic pain) and first thing am greeted with in the morning.
http://www.abc.net.au/news/2012-06-22/premier-defends-workers-compensation-changes/4087544
Leanne, I am truly shocked at those heartless comments by your lawyer. Ask him if he knows of any constitutional lawyers who have a conscience, and point out to him that his ignorance of the law is amazing, perhaps you should demand a refund. He works with the law for a career, he has a responsibility to know it, show him the ‘offenders’ clause and let him know better lawyers are analysing this. I would also demand that he write a letter to the insurance company when they cut you off stating your case is not closed and will be opened again and you will be back paid when this hideous legislation is overturned.
My solicitor is actually a nice bloke. I think he was just being honest. I do admire your positive attitude. Is there talk of any legal challenge against the legislation being retrospective. Maybe Unions will start campaigning for income protection in EBA’s and IF the ALP wins the next election they might change some of the legislation but I have a horrible feeling that won’t include all of us that have already been cut off.
Bunny, I have sent you an email via your yahoo email
Emu Heights family man could be stripped of his compo
ALL Miso Trifkovic wants is to get back to work and be well enough to watch his two girls play soccer.
But Mr Trifkovic, of Emu Heights, struggles to walk on uneven ground and needs a walking stick to keep his balance, after he broke his leg and ankle in 13 places in a severe car accident driving to work five years ago.
He has had multiple operations and still has three months’ rehabilitation ahead of him, but adding further stress to his recovery is the news that changes to the WorkCover scheme could strip him of compensation.
The Workers’ Compensation Amendment Bill cuts cover for injuries sustained on the way to or from work. A number of other changes, including access to lump sum payments if a person sustains less than 11 per cent whole body damage, will also affect workers with injuries sustained before the Bill was passed.
Mr Trifkovic is unable to return to labouring in the near future, and now faces a struggle to recoup the costs of his medical expenses.
So new were the rules that a judge had to detail the changes to Mr Trifkovic and his solicitor, Lamrocks’ Steve Groves.
“You do everything right, you play life by the rules, and something like this happens and you ask ‘why me?’,” Mr Trifkovic said.
“We had no information about the changes, and it was only through the media that I realised I could be affected, even though my accident was years ago.
“I’ve got bills, groceries, kids’ school expenses and now I’m not sure where I stand. Where’s the fair go?”
The Workers Compensation Amendment Bill 2012, passed on June 22, was introduced by the state government in an effort to rein in WorkCover’s $4 billion deficit.
Penrith solicitor Steve Groves, from Lamrocks, says while Premier Barry O’Farrell has denied that the changes would be retrospective, an injured worker who did not claim his or her lump sum before the amendments came into effect may no longer be entitled to it.
http://penrith-press.whereilive.com.au/news/story/emu-heights-family-man-could-be-stripped-of-his-compo/
These laws are just so wrong ,they effect everyone not only the injured workers now but the people who could be hurt at work in the future .We need to stand up united as one and fight against these barbaric laws.I can only hope that one day Barry has a accident at work and is given the same shit treatment as we are getting now .How did this piece of shit get voted in ,lets make sure it does not happen again .
Thats right we do need to stand up, the firies showed how its done and all workers should do the same thing. Watch Barry freak if his precious surplus blows due to strike action.
I have read everything i can find in regards to legal challenges, strikes and any other plans to fight these changes. Can’t find anything concrete – there is mention of the retrospective changes being against legal principles and talk of not ruling out strike action but does anyone know of any actual plans.
WORKERS COMPENSATION CHANGES HURT THE MOST VULNERABLE
4/07/2012
Within days of the NSW government passing controversial legislation severely cutting back the rights and entitlements of workers injured at work, a fork lift tipped over at Sydney markets killing the driver.
It was one more statistic for the bookkeepers at WorkCover. Their latest annual statistical bulletin records 139 deaths related to work in 2008/09 – 75 killed in the workplace, 24 from diseases as a result of employment and 40 while the person was driving to or from work.
Workplace fatalities were up 42 per cent on the previous year. Deaths among workers aged under 25 were up 25 per cent, mostly in vehicle accidents. But overall deaths in the workplace are well down on 10 and 20 years ago.
In 2008/09 more than 133,000 workplace injuries were reported to WorkCover.
The good news is that major injuries have declined steadily over the previous 10 years. Overall payouts for injured workers were well down on previous years. Claims for permanent disability were down 42 per cent on 10 years earlier.
So while the government has been insisting it cut back workers compensation as payouts are out of control, claims for workers compensation are actually on the way down.
Yet the O’Farrell government has brought in a series of cutbacks to the workers compensation scheme that will hurt some of the most vulnerable members of our society.
The new scheme, which is retrospective in that it applies to claims made before the laws were passed, caps weekly compensation payments at five years for all but the most severely injured workers. There is a time limit on the payment of medical expenses.
Fewer people will be eligible for lifetime and lump sum payments because the threshold for serious injury is increased to 30 per cent “whole person impairment.” A worker whose foot was amputated would not meet this new threshold.
A fierce fightback by firemen and lawyers managed to force some concessions. Firemen and paramedics were included at the last minute in the professions exempted from the cutbacks such as police. Some claims for injury during driving to and from work were reinstated.
Lawyers warned the changes would hurt the most vulnerable members of the community. Australian Lawyers Alliance NSW president Jnana Gumbert said the changes will throw many work accident victims into great financial difficulty and hardship.
“It is simply not true that payments to workers need to be reined in as they had gotten out of hand. The truth is that the Global Financial Crisis and poor handling of claims by insurers are the main reasons behind the financial bleeding of the system. Once lump sum damages claims were mostly replaced with weekly payments in 2002, it was inevitable that the annual cost of the scheme would eventually blow out” she said.
http://www.stacklaw.com.au/web/page/workers-compensation-changes-hurt/news/2973