The Australian Bureau of Statistics has released a report on work injuries from July 2017 to June 2018 whic h shows that th number of of injured workers receiving financial assistance and workers compensation has dramatically decreased.
South Australia’s workers compensation legislation treats psychiatric and physical injuries very differently. More so than many other parts of Australia, according to the Law Report on ABC 7 August 2018. Continue Reading…
The following write-up was submitted via our Gust Post facility. It summarises the dreaded workcover 130 week cut-off weekly payments well.
Last week, NSW launched an inquiry into the possibility and feasability of a consolidated personal injury tribunal to resolve workcover disputes as well as CTP disputes. This was recommended by last year’s massive review of the NSW workers compensation system.
Last year (March 2017) an upper house inquiry into NSW Workers Compensation released its report recommending a range of reforms. But at the end of our readings we see that nothing has really changed, or has there?
The Law and Justice Committee report found that the dispute resolution processes – called “dysfunctional” by stakeholders – were “inefficient, caused delays, and resulted in inconsistent decision-making and a system that is difficult for scheme participants to navigate”.
The review made 26 recommendations to make claims simpler for injured workers and for the NSW government to establish a ‘one stop shop’ forum for the resolution of all workers compensation disputes.
Other recommendations clamp down on aggressive covert surveillance by insurers, stop insurers “doctor-shopping” to deny claims and require case managers to have mandatory minimum qualifications and training.
The review also recommends the removal of the distinction between ‘work capacity’ and ‘liability’.
ccording to its chief executive, getting rid of adversarial relationships that undermine an injured worker’s ability to return to work from the workcover system remains a “big challenge” for the NSW workers’ comp regulator.
The State Insurance Regulatory Authority (SIRA) is focusing on influencing behaviour and culture in the workers’ comp “ecosystem” instead of on compliance and legislation alone, with the latter being “necessary but not sufficient” to achieve more desirable results, according to Carmel Donnelly.
Speaking at the recent 19th annual National Workers’ Compensation Summit in Sydney , she says a “challenging and confronting fact” in injury management is that “people who access injury compensation schemes may in fact have worse outcomes than if they haven’t been entitled to compensation”.
The recent announcement by the Victorian Ombudsman -Ms Deborah Glass– to investigate the management of Workcover claims is definitely very worthwhile initiative. For years, injured workers and their representatives have faced workcover Insurer representatives who just say “No”, no matter what!
In August 2015 the NSW Court of Appeal decided that NSW injured workers could not make more than one lump-sum insurance claim. In other words that injured workers could not top up their lump-sum compensation payment if their condition deteriorated. However, yesterday (Monday 26 Oct 15), the state government will make a new regulation to override that court decision in that case, known as Cram Fluid Power v Green.
We have lately been reading heaps of legal cases and recently came across a pretty disturbing one: The NSW Workers Compensation Commission (NSW WCC) ruled in a Jan 2015 case that it does NOT have the power to order a workcover insurer to(re) pay weekly payments to a seriously injured worker for a 2-year period even though the injured worker had a “no work capacity” status. WTF!?