Congratulations on injured worker Bunny for having spotted that the new NSW workers compensation legislation refers to injured workers as OFFENDERS! If this is not proof that this piece of legislation is nothing more than a hurried copy/paste exercise, and a pile of utter cr*p as far as we are concerned.
Workers compensation NSW legislation refers to injured workers as offenders
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
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 !!!You can see it for yourself in the new legislation as published on the parliamentary site, page 37
Shame on Barry O’Farrell
Shortlink: http://wp.me/p1MA9G-2NX
I would argue that labelling injured workers as OFFENDERS needs to remain until after current laws are changed. Simply because the system does, in fact, treat injured workers as OFFENDERS.
I find that the Liberal Government are the greatest offenders of Humanity! Every one of those parasites should sustain an injury and receive no preferential treatment from their Insurance Buddies. They are oxygen thieves!
Thankyou for picking up on this. Can anyone clarify if it can actually be changed, because this legislation was voted on. I don’t think they can alter it unless they have another vote, which is incredible. Tell EVERYONE you know that the O Farrell government has written into law that they consider injured workers ‘offenders’. Charming
Bunny,rest assured that both John and myself have already personally written to David Shoebridge, Pearce’s Office, the Sydney Morning Herald, the Daily Telegraph and a few others. This is utterly despicable and we are hopeful that the media will pick it up, if not we’re pretty confident that Shoebridge will “bring it to attention”.
THIS IS OUTRAGEOUS! How can having an injury be considered an offence?
Injured workers are actually treated much worse than convicted criminals.
Prisoners are provided with food, shelter, medication, paid work, education, access to health care, psychiatric and psychological treatment, legal assistance and funding through legal aid, and in 95% of cases the added privilege to nominate their choice of private solicitor to represent them, if they have no income.
They have committed crimes and have been convicted, but are not left to rot or become homeless and bankrupt like injured workers are.
Apparently, in our society, being injured in the workplace amounts to having committed the most horrendous of crimes. In my case, I was sexually harassed and bullied in the workplace. I have been the victim of crime, and yet I am being punished.
Can some one please tell the the bloke with the big stick its confusing me I’ve been putting malingerer on my job applications so is it official I’m an offender
I spotted that in the legislation and informed every labour pollie, newspapers etc on the Wed before the vote but no mention by anyone yet.
Isnt it great to be so injured you cant work and I will lose my weekly compensation but cant get Centerlink as I have too many investments.
If injured workers are now known as Offenders, does this mean we have a right to silence when questioned by IME’s, RTW coordinators, Insurance company reps and anyone from work cover??
Will, excellent point! Perhaps injured workers can start making “no comment” statements!
Whenever the IME asks you a question just say “no comment” and so what can they base their false report on?
If a convicted criminal being charged by the police can make a “no comment” statement and therefore not have to provide evidence or be cross examined in the court in front of a jury, which means that they protect their right to remain silent throughout the entire proceedings, then I wonder what would happen if the injured worker “offender” maintained their right to remain silent?
Worksafe and the insurance companies certainly go silent when asked to provide which policies and laws they are following by taking their endless dodgy actions.
What has happened to Human Rights in this country? They have been hijacked by greedy corporate demons.
Lisa. Keep up the campaign there are too few outside of injured workers and lawyers who are trying to reverse the new laws. However note that you and “Bunny ” are incorrect as this section does not deal with injured workers but rather this whole part of the civil liability act deals only with prisoners suffering injury in gaol. The workers compensation laws of nsw remain the most confusing of any laws.
OMG, are you serious? Does this section of the act refer to real prisoners then? This is SO CONFUSING and can be totally mis-interpreted by lay-people, as in non-lawyers! I really felt insulted when I first read that section, fully thinking that the word offender applied to a normal injured worker, not an inmate. Hallelujah!
Thank you so so much for clarifying this with us, perhaps we can now feel a little less like criminals.. on paper
I believe you but I find it strange that it is included. However, nowhere in the legislation is retrospective mentioned, no date for it either and yet it is retrospective. How can this be so?
What’s also very interesting is that positive changes to workers comp laws are never ever retrospective and only ever apply for NEW injuries that occur after the date of implementation of the new legislation…
I run an independant, free service for injured workers. We provide advocacy, referral, support and lobbying. Join us on http://www.isninc.com.au , email me at isninc.com.au or freecall 1800 982241. I have been doing this for many years and am well aware of the new legislation and what it means to injured people. I have been in regular contact with David Shoebridge, Trevor Khan, Greg Pearce, Barry O’Farrell and every CEO of every insurer. We, too, are having no success with our letters to the editors of the SMH and Telegraph because their editors have, previously, expressed delight in the changes. Let’s join forces.
Hi Pat, thanks for sharing your valuable and informative site with us. aworkcovervictimsdiary is actually based in Victoria and we have teamed up closely with the IWSN (NSW), which we refer to as our “sister site” with John McPhilbin, primarily taking care of the NSW workers comp issues as he (and the IWSN) are based in NSW.
However, we are of course happy to collaborate with you as best we can and would be happy to share links and united efforts.
In solidarity and Unity.