The current hot topic in the personal injury world is the proposed changes to the NSW Workers Compensation Legislation and the message is: Don’t delay! The RMB Compensation Division explains.
The NSW Government maintains that the workers compensation system in its present form is financially unsustainable.
That may well be the case. However, the Government’s proposed changes are only directed at slashing the workers compensation rights of the state’s 4.5 million workers. They do nothing to address alternative measures which could curb the unnecessary, wasteful and significant expenditures in the system made by insurers.
The vast majority of submissions to the recent State Parliamentary hearings on the changes to the workers compensation legislation oppose the proposed changes and suggest alternative cost-cutting measures.
As a lawyer representing workers at the coal face of the scheme for decades, I have come across countless examples of unnecessary investigations and surveillance, tokenistic rehabilitation costs, vocational capacity assessments obtained at great cost which identify (rather than provide) supposedly suitable employment for partially incapacitated workers which may be available anywhere in the state.
Furthermore, in fighting a “fictional fraud epidemic”, the insurers don’t hesitate to incur costly legal fees. The Parliamentary hearing was given an example where an insurer spent $85,000 of public funds to unsuccessfully challenge a claim for a $5000 knee surgery which had been recommended by the worker’s doctors. My colleagues and I could cite numerous such examples.
It seems certain that sweeping changes with broad and damaging implications for injured workers are on their way. Given the general societal shift in attitude, support and recognition of mental illness in recent years, it is indeed a disappointing, unfortunate and retrograde step for NSW that the proposed changes are likely to mainly be directed at those who suffer psychiatric injury during the course of their employment.
Experienced psychiatrists and legal practitioners who represent injured workers told the inquiry that under the initial proposals almost no worker with psychiatric injury would meet the criteria to enable them to receive lump sum compensation.
The timing and scope of the changes is unclear. Therefore, if you have been injured at work and particularly if you have suffered psychiatric injury during the course of your employment, it is vitally important that you seek legal advice at the earliest opportunity.
At RMB Lawyers we have a team of experts who can provide you with advice and support in your workers compensation claim. Do not delay! You can contact us by by phone or our 'Ask a Question' tool on our website.