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    STUDY SHOWS WORKCOVER UNFAIRLY PUNISHES THE INJURED

    10 January 2010


      Changes to the state workers compensation scheme WorkCover have resulted in unfair suffering and hardship for injured workers with no real improvement in the scheme's performance, according to a study commissioned by SA Unions.
       
      The analysis conducted by UniSA is the second in a series of ongoing reports to monitor the impact of changes in 2008 to the WorkCover Act (the first was in April 2009).
       
      SA Unions Secretary, Janet Giles says the changes are having a double whammy effect, both exacerbating hardship - financial, physical and emotional - and undermining rehabilitation, the very thing that leads to return to work.
       
      "We know of two people on WorkCover who have committed suicide during the past 6 months.  The study found a link between these laws, and increasing desperation and emotional stress.  It reported an increase in suicides and suicide ideation, that is, suicidal thoughts."
       
      "The new system cuts payments to workers by 10% after 13 weeks (three months) and 20% after 26 weeks (six months).  These step downs mean some injured workers are receiving less than the minimum wage.  Many more seriously injured workers are facing the prospect of being thrown off the scheme altogether after 130 weeks.  In addition, workers who have a dispute about the management of their claim have their payments cut off while they are in dispute which can leave them without any income for months".
       
      All these factors put enormous financial pressure on injured workers.  People are losing their mortgages or being thrown out of the rental homes."
       
      "Due to financial pressure, some are forced to return to work before they have fully recovered.  This puts them at greater risk of further injury and crates a vicious cycle."
       
      "The study is particularly scathing of the reduction of payments for permanent impairment and the operation of medical assessment process with many people ineligible for compensation, or receiving greatly reduced payments despite permanent impairment or loss of body parts."
       
      "The operation of Medical Panels was likened to a Kangaroo Court.  These panels have the effect of removing all payments or determining a workers capacity to work yet have been found to be grossly unjust, unaccountable and with no avenue of appeal under the law."
       
      "Meanwhile, the rehabilitation system was described as "a disgrace", little more than an insurance rort and often just used as a tool to get injured workers off the scheme, rather than healed and back to work."
       
      "Moreover, the injured have no other legal recourse as South Australia is the only state in the nation to remove the common law right to sue an employer for negligence."
       
      "What's clear is that the Rann government's laws have made WorkCover worse, not better.  The scheme's performance has not improved, and injured workers are copping it hard.  Not only do they have the pain and suffering of their injury, they also have the emotional and financial hardship imposed by a flawed and unfair system."
       
      "WorkCover has completely lost touch with its original intention of supporting hurt workers during their recovery, and providing for those who incurred the legacy of a lifelong injury.  The Rann government stands condemned for punishing the injured, a fact that won't be forgotten at the forthcoming state election," Ms Giles says.
       
      "We will continue to demand that the scheme be properly reviewed and reformed to re-instate fairness for injured workers during the state election and will be closely examining each political party's policies and promises in this important area."



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    Authorised by J Giles, SA Unions Secretary, 46 Greenhill Road, Wayville SA  5034