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STUDY
SHOWS
WORKCOVER
UNFAIRLY
PUNISHES
THE
INJURED
10
January
2010
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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. |
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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). |
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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. |
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"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." |
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"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". |
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All these
factors put
enormous
financial
pressure on
injured
workers.
People are
losing their
mortgages or
being thrown
out of the
rental
homes." |
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"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." |
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"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." |
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"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." |
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"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." |
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"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." |
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"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." |
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"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. |
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"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." |