Workers compensation under attack
By Joan Lemaire
"An act of bastardry" was how CMFEU Secretary Andrew Ferguson described the State Government's Workers Compensation Legislation Bill to a packed meeting of the NSW Labor Council on March 29.
Unions were unanimous in their opposition to the Bill and their outrage that the Labor Party had not consulted them. The fiery response from unions and Labor Council lead to Industrial Relations Minister John Della Bosca announcing there would be a four and a half week consultation period.
Impact on workers
1. An administrative system will be established to assess and deal with disputes concerning workers compensation claims. The Claims Assessment Service will be lead by a director who is appointed by WorkCover. WorkCover administers the workers compensation scheme. Unions have raised concerns regarding the independence of the service and the transparency of the process. This system will remove workers' rights to a proper hearing by a judicial body. There will be no right of appeal to the Workers Compensation Court except where it can be demonstrated there is a complex or novel question of law.
2. Medical panels will be formed to assess workers' claims. These panels will be part of the administrative system. There is no requirement that the panel members be medically qualified. The Director of the Claims Assessment Service will make appointments which must have the concurrence of the General Manager of WorkCover.
3. Workers' access to common law damages could be restricted by a new method of assessing incapacity. An initial assessment by lawyers working for the Labor Council gave the example of "a worker who has a severe back injury requiring surgery, that is, a double fusion, would, under current law, be assessed as 30 per cent incapacity and would receive somewhere between $300,000 to $350,000. Under the whole of body assessment required by the new Bill this worker could be assessed as 18 per cent incapacitated and would not qualify for damages". This provision could prevent hundreds of workers claiming common law damages. In particular there will be a negative impact on teachers who will suffer for psychological injury. This will be exacerbated by the Bill's requirement that "no permanent impairment compensation is payable for any psychiatric or psychological impairment". The majority of injuries to teachers are psychological.
What can you do?
Federation is sending a special "Workers Compensation Bulletin" to your school. It will contain a pro forma letter to send to your local Member of Parliament and the Premier.
Visit the Labor Council's "Make a Noise for Compo" site at www.labor.net.au/compo/.
It is anticipated that there will be a Labor Council rally at the Opera House on April 27 in recognition of the International Day of Mourning for workers killed in industrial accidents. Details have not been finalised but will be available on our website.
What is the Federation doing?
Federation is part of the Labor Council Workers Compensation Campaign Committee and will be involved in lobbying politicians, preparing campaign material and keeping members up to date.
Joan Lemaire is an Industrial Officer.
For further information
April 2001 contents
|
Subscribe
