NSW injured workers – be aware of your current entitlements and rights

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We received an important email from someone who can confirm that as a result of the recent NSW Goudappel case win, some workcover insurers have honored the current court ruling and are now paying out claims for (s-67) to eligible NSW injured workers.

The kind author of the email states “I know many NSW workers use your site. I would like to get this message out there.  I think it’s important that NSW workers are aware of their current entitlements and rights. Please feel free to have it checked over or amend as needed, but I have just experienced this situation with someone, so it is all factual.”

“Hope this can help others”

NSW injured workers- be aware of your current entitlements and rights

TO ALL NSW INJURED WORKERS,

  • IF YOU WE’RE INJURED PRIOR TO 19TH JUNE 2012
  • AND YOU ALREADY HAD OR ARE SOON ABOUT TO HAVE YOUR LEVEL OF PERMANENT IMPAIRMENT ASSESSED
  • AND YOUR LEVEL OF WHOLE PERSON IMPAIRMENT(WPI)IS 10% OR GREATER
  • AND YOU HAVE NOT YET RECEIVED A LUMP SUM PAYMENT FOR (s67) PAIN AND SUFFERING FOR THAT INJURY
  • OR YOU MAY HAVE RECENTLY BEEN DENIED s67 DUE TO THE NEW RETROSPECTIVE CHANGES
YOU SHOULD SEEK LEGAL ADVICE IMMEDIATELY. DUE TO THE GOUDAPPEL DECISION, WORKERS INJURED PRIOR TO 19th JUNE 2012 DO NOT ‘CURRENTLY’ FALL UNDER THE NEW CHANGES REGARDING LUMP SUM COMPENSATION.

HENCE, IN ADDITION TO A (s66) LUMP SUM CLAIM, YOU MAY NOW ‘ALSO’ HAVE A LEGITIMATE CLAIM FOR (s-67) ‘PAIN AND SUFFERING’ UNDER THE ORIGINAL SYSTEM.

TWELVE MONTHS AGO (s-67) WAS ABOLISHED AND RETROSPECTIVELY WIPED OUT BY THE NSW STATE GOVERNMENT, HOWEVER AS A RESULT OF THE SUCCESSFUL GOUDAPPEL CASE,  THE NSW SUPREME COURT HAS RULED THAT THE NEW LUMP SUM CHANGES DO NOT APPLY TO WORKERS WHO WERE INJURED PRIOR TO 19th JUNE 2012.

THE GOUDAPPEL DECISION MAY SOON BE APPEALED AND CHALLENGED IN THE HIGH COURT, IN THE MEAN TIME ELIGIBLE WORKERS HAVE THE RIGHT TO MAKE A CLAIMS FOR s-67 UNDER THE PREVIOUS LEGISLATION.

ALTHOUGH THE NEW RULING HAS FALLEN IN THE WORKERS’S FAVOUR, IT IS HARD TO PREDICT HOW THIS MATTER WILL UNFOLD OVER THE COMING MONTHS, HOWEVER IT WOULD BE WISE TO MAKE A CLAIM NOW IF YOU ARE ELIGIBLE AND READY TO DO SO.

I CAN CONFIRM THAT AS A RESULT OF THE RECENT GOUDAPPEL WIN, SOME INSURERS HAVE HONORED THE CURRENT COURT RULING AND ARE NOW PAYING OUT CLAIMS FOR (s-67)TO ELIGIBLE WORKERS. NSW WORKERS SHOULD BE AWARE OF THESE CURRENT CHANGES.

 

NOTE: THIS IS ONLY GENERAL ADVICE, EACH INDIVIDUAL WORKERS COMPENSATION CASE IS UNIQUE. THE LIMITATIONS PERIODS AND ELIGIBILITY TO MAKE CERTAIN CLAIMS CAN BE VERY COMPLEX.  IF YOU BELIEVE YOU COULD BE ELIGIBLE FOR (s-66)  AND/OR (s67) CLAIMS UNDER THE ‘FORMER’ LEGISLATION, TO CONFIRM THIS I WOULD SUGGEST THE WORKER SEEK LEGAL ADVICE AS SOON AS POSSIBLE.

 

tipNote: all our updated Goudappel articles can be found under the “Goudappel” search tag

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johnny rotten
Guest

Advice is always free here why in fuck are we paying for a beurocracy that twiddles its thumbs all day maybe i could ask pearce na he’s of with a massive headache maybe ask bazza na the silly bastard isn’t interested shit the insurers ill ask them na that won’t work their busy counting profits

Phil
Guest
@In Limbo: Well, you are covered then. But may I suggest you that S67 payments are proportionate according to S66 payments. Whilst I’m not aware of the nature of your injury, you may roughly calculate what amount you would get comparing yourself with a paraplegic person. However, I can assure you as per my understanding you are entitled to receive the entitlements. You may like to wait and watch until the verdict is out or may file a new claim and dispute it to save some time. May I also warn you not to mention the nitty-gritty of your case… Read more »
At A Loss
Guest

Great advice phil. and so true this and other sites are being watched. in limbo don’t give up please contact another solicitor, also contact WIRO and advise them you are being screwed by the insurer.

 

In Limbo
Guest

Called Wiro  I was told because the decision has been appealed he said they aren’t handing out funding for a solicitor… I have one he did apply and the insurance co haven’t responded and I doubt that they will.

John McPhilbin
Guest

That’s right – all funding is on hold until the decision holds up on appeal.

At A Loss
Guest

Due to the decision of the appeal people injured prior to the changes are to be dealt with under the old system.

would it be safe to say that

funding isn’t allocated now for people injured prior to the w/c changes as in the old system it did not exist and the appeal decision was that these people should be dealt with under the old system

if you take that train of thought then no one should be getting moved into the “new system” have work capacity assessments carried out and have their benefits cut .

 

 

Phil
Guest

Dear Workcovervictim

Does somebody know whether the decision in Goudappel case has been challenged? It seems less likely, as the case is as clear as black and white, however any information of the new development would be much appreciated.

At A Loss
Guest

Phil,  they have sought special leave and now it is tabled to be heard  in September. but as it stands until that is heard / reviewed again you will be covered in the old system if your solicitor acts before September provided you meet the criteria.

http://wiro.nsw.gov.au/media/13240/2013___may_24___application_for_special_leave____goudappel_v_adco_constructions_pty_ltd.pdf

You will notice n the application the respondents are the legal firm and Workcover.

you see workcover are not there to help the injured they are there to support the employers and insurers, so when ever you call them and make a complaint don’t think for a second they are there to help you.

 

workcovervictim
Guest

@ At A Loss – THANK YOU for the update (and link) to the Goudappel case. It is people like you that help keep us (incl. me) and this site going! I very much appreciate all your valuable contributions. You’re a star X

At A Loss
Guest

You are so very welcome, workcovervictim and all who visit this site.

We all contribute something even the questions by all us  visitors allow us to view the subject at a different angle.

But you are the STAR Workcovervictim your site has given so much help & hope to so many injured and their families myself included !

 

At A Loss
Guest
Phil
Guest
Many thanks @At A Loss As I do not see any merit for this challenge, it could only buy some time for the insurers and workcover, to dispute claims a little while longer. However, this would act negatively for them, if the High Court upholds the decision of the Supreme Court. I have no doubt that High Court decision would go in the worker’s favour. But if this happens, it would go for further review to the High Court of its own decision. As I have said before, the new changes to the legislation deserves nothing but the garbage bin.… Read more »
In Limbo
Guest
@ Phil, Sorry Phil I have LOST HOPE! because my insurance co is ignoring my claim for sec 67. My injury was in 2008 though I worked 2 years. I was told when I rang the w.c assist line that my 5 years is nearly up in a couple of months so I will be probably cut off. What really pisses me off I met a lady at a wedding who was off work 6 weeks for a fractured ankle and she received 24k….Now, don’t get me wrong she deserved every penny of that… but how can it be fair… Read more »
Phil
Guest
I still say please don’t lose hope. In the meantime, do your best to stand back on your feet. You do not have to rely whatever is said or told by workcover assist. Many of them have very little or no clue what they are talking about as they are part of admin staff. By saying that you have been denied S67 entitlements, do you mean you have been paid for S66 benefits? If yes, you have a very strong case. Please do not sign any agreement which states as a full and final payment. Even if you have signed… Read more »
In Limbo
Guest

Yes Phil, I signed for the s66 and I received that early this year however, my solicitor put in a clause pertaining my rights to the s67 because he knew about the Goudappel case!

At A Loss
Guest

It is not over by along shot even if the appeal is upheld in favour of the worker the corrupt O’Farrell government can still amend the act to our detriment.

The light at the end of the tunnel,   are  sites like this and the injured workers support network which highlight the injustices and bring about more awareness of the damaging affects these changes have on peoples lives.  More public awareness and outrage is what will see a victorious results for all the injured and suffering.

Phil
Guest
I have serious doubts O’ Farrell government would ever amend the law or revoke it. It is more logical to raise question, “Why would they”? After-all this is a cash cow for them. Keep charging mandatory insurance premiums as usual without having any liability. It is a roaring business. There is a hope on two levels, one is if they lose a single case out of thousands, that would open the floodgate, and second, if  they lose the election. The next election is not too far but hopefully we don’t have to wait till then. Any wrongdoer can escape for… Read more »
Jon
Guest

Yes, my solicitor advised that they have had cases settling (almost identical to mine), but as I have a different Insurer who apparently sees things differently, I am still held in limbo.

Again, the insurers have the power to play puppet master with someone’s life (to their financial benefit).

There is meant to be one legislation to cover all – to be read one way – but as this new legislation and the outcome of the Goudappel appeal is being interpreted differently by different insurers, cases are now being processed in very different ways…which is simply not on.

In Limbo
Guest
Hmmm…I was – days too late for pain and suffering so I got nothing. I told my solicitor to apply for pain and suffering in May because I am now entitled and I’ve heard nothing to date. The insurance company is stalling! Also I was just terminated from my beloved job of – years so I am devastated and it was pay day last thursday and guess what? my new employer the insurance company didn’t pay me! I had to make numerous phone calls and I was finally paid the stat rate yesterday…I worked in agony for – years until… Read more »
At A Loss
Guest

Hi In Limbo,

I would suggest another legal opinion. Also a double spinal fusion may see you in the serious injured category, again get another legal opinion.

as for losing your job Part 8 section 241 of the workers comp act affords you protection from being dismissed.

again another legal opinion would benefit you.

I cant suggest which legal firm to go to but what I can say is seek a firm that does nothing else but injuries. these types of legal firms would be they way I would go.

In Limbo
Guest

@ At A Loss,

Thanks for the info on the act I read it last night. I am not classified as seriously injured and I accepted the lower percentage because my higher one was refused 27%. Or I had to wait another year. I needed the money! Like we all do…I’m currently unfit. I love this site because it’s so full of valuable info!

 

At A Loss
Guest

Very TRUE