Injured
South
Australians
Win
Fight on
Medical
Panels
Today
27/6/11
the
Supreme
Court
found
that
WorkCover's
Medical
Panels
do not
have the
power to
be the
ultimate
decision
maker
when it
comes to
determining
issues
around
an
injured
worker's
capacity
and
questions
about
their
injury.
This is
an
important
win for
injured
workers
and
vindicates
South
Australian
Unions
three
year
campaign
about
the
State
government's
2008
amendments
to the
WorkCover
Legislation.
Unions
have
argued
that the
Medical
Panels
are
secretive
kangaroo
courts,
at which
injured
people
have no
right to
take
advocates
with
them for
support
and
advice,
and no
right of
appeal.
These
Medical
Panels
cost
more
than $9m
a year
and the
Supreme
Court
has now
found
that
their
opinions
are not
binding
on the
courts.
Anyone
can be
injured
at work
and find
themselves
in the
middle
of the
WorkCover
nightmare
where
they
currently
have no
rights
to
representation
and no
rights
to
appeal.
South
Australians
union
now call
on the
new
Minister
for
Workers
Rehabilitation,
Jack
Snelling
to act
on this
decision
immediately...
media
release
27/6/11
WorkCover :
Cossey
Review
Bill Cossey
AM and Chris
Latham, were
appointed to
undertake
the review
of Workers
Rehabilitation
and
Compensation
(Scheme
Review)
Amendment
Act 2008
(the
Amendment
Act). On
Thursday 23
June 2011
the Minister
for
Industrial
Relations
tabled the
report in
Parliament.
The report
maybe
accessed by
the
following
link:
...
click here
Review of
the Impact
of the
Workers
Rehabilitation
and
Compensation
(Scheme
Review)
Amendment
Act 2008 -
SA
Unions
Submission
In 2008, the
Rann Labor
Government
justified
significant
changes to
the
WorkCover
Compensation
system on
the grounds
that the
scheme was
in financial
difficulty.
His
Government
ripped away
entitlements
to injured
workers with
a promise to
reduce
premiums to
employers.
Two years on
it is clear
that the
changes have
had a
significant
toll on the
lives,
income and
sanity of
those who
are injured
at work.
In reality
the very
people the
system is
designed to
assist have
paid a high
price for a
reduction in
the cost of
the scheme
for
employers.
The SA
Unions
Submission
outlines
evidence
that the
State
Government's
reckless
social
experiment
played out
on the most
vulnerable
workers in
our
community
has failed.
-
The
return
to work
rate in
SA is
worse
than any
other
state in
Australia.
-
Injured
workers
are
treated
appallingly
by
WorkCover's
agent
which is
focussed
on
closing
files
rather
than
getting
workers
better
and back
to work.
-
The
rehabilitation
system
is
broken
and
urgently
needs
fixing.
-
Unaccountable
Medical
Panels
make
unilateral,
final
binding
decisions
that
determine
the
future
of
worker's
lives
and cut
them off
from all
support.
-
Economic
stress
and
threats
to their
income
are used
as blunt
instruments
to deny
injured
workers
the
right to
dispute
decisions
and
pressure
workers
to work
while
they are
injured.
Full
submission
available
here.......
Rann
Government
Treating
Injured
Workers
Like
Bikie
Gangs
The Full
Bench of
the
Supreme
Court
will
today
8/12/10
be
hearing
a case
which
challenges
WorkCover
for
taking
away the
legal
rights
of
injured
workers.
Under
the Rann
government's
changes
if you
challenge
a
decision
of
WorkCover,
they
take
away
your
benefits.
SA
Unions
says the
Government
are in a
sense
treating
injured
South
Australian
workers
as if
they are
members
of bikie
gangs
... read
on
8/12/10
WorkCover's
Dodgy
Levy Cut
the
South
Australian
union
movement
is
calling
for the
state
government
to fix
the
unfair
WorkCover
levy
decision
in a
full
page
advertisement
20/5/10
..>>click
here
The move
is a
direct
response
to
Business
SA's
unashamed
gloating
over
WorkCover
levy
cuts at
the
expense
of
injured
workers>>..
read on.
RE-ASSESSING
THE
IMPACT
OF
CHANGES
TO
WORKERS'
COMPENSATION
LAW: A
SA
UNIONS
RESEARCH
PROJECT
- REPORT
2
On 1st
April,
2009 a
report
was
commissioned
for SA
Unions
to
present
information
gathered
through
face to
face
interviews
with
several
union
officials
and
lawyers
('Advocates')
who
represent
South
Australian
workers
with
WorkCover
claims.
The
present
report
is the
second
report
in this
series.
The aim
of this
report
is to
ascertain
how the
changes
to
WorkCover
laws
have
affected
workers
in South
Australia
over the
last six
months,
since
the last
report.
In
summary,
Advocates
interviewed
felt
that the
new laws
are:
-
imposing
financial
hardship
on
injured
workers
through
the
application
of
step-downs
in
weekly
compensation
payments
-
enabling
the
termination
of
weekly
payments
whenever
WorkCover,
or its
agent,
dispute
aspects
of a
worker's
claim
-
disenfranchising
many
workers
whose
injuries
result
in
permanent
impairment
from
eligibility
for
Non-Economic
Loss
(NEL)
payments
-
placing
increased
pressure
on
workers
to take
redemption
payments
to
finalise
their
claims
-
undermining
the
fairness
of the
scheme
through
the
introduction
of
Medical
Panels
that
deny
injured
workers
the
right to
representation.
-
for more
information
and full
report
>>..
click
here
WORKCOVER
LEVY
SCANDAL
SA
Unions
is
demanding
the
state
government
intervene
to
protect
injured
workers'
compensation
entitlements
from
being
gouged
by
employers.
The
WorkCover
Board
having
decided
to
reduce
the
employer
levy
contribution
to the
fund
effectively
means
injured
workers
will pay
for a
financial
windfall
for
employers.
This is
a
scandalous
decision
by a
Board
which is
clearly
willing
to
compromise
the
welfare
of
injured
workers
for the
financial
benefit
of
business.
SA
Unions
specifically
calls on
the ALP
to
implement
the
WorkCover
policy
commitment
it made
at is
last
state
convention,
to
reinstate
fairness
into the
scheme
>>..
read on
WORKERS
COMPENSATION
LAWS -
REPORT 1
SA
Unions
has
chosen
to
release
a report
commissioned
from the
University
of South
Australia
which is
the
first
collection
of
issues
and
impacts
of the
laws on
injured
workers
on the
day (1
April)
that
almost
3,000
workers
are
facing
100%
loss of
income
through
the
changes
to the
workers
compensation
laws.
>>..
read
on
Key
findings
of the
report
show:
-
workers
choices
are
reduced
when
faced
with a
WorkCover
claim
-
extreme
anxiety
about
the new
medical
panels
which do
not
allow
workers
to be
represented
or to
question
the
decision
of the
panel
-
considerable
financial
hardship
for
injured
workers
-
an
increase
in the
number
of
pre-emptive
payouts
often to
the
financial
and
emotional
detriment
of
workers
-
less
time and
less
adequate
rehabilitation
and
training
-
significant
amount
of
severe
emotional
stress
and
possible
suicides
-
>>..
full
report
MIKE
RANN -
SHARE
THE PAIN
SA
Unions
calls on
Premier
Ran to
address
the
unfunded
liability,
not by
continuing
to
attack
injured
workers
but by
sharing
the pain
and
demanding
an
immediate
increase
in
employers
levies.
>> ..read
on
WORKCOVER
FIASCO
EXPOSES
IMMORAL,
IRRESPONSIBLE
POLICY -
WITH
$1BILLION
UNFUNDED
LIABILITIES
The
South
Australian
government
has been
shamed
by the
failure
of its
changes
to the
WorkCover
laws,
which
attacked
workers'
rights,
to halt
the
Corporation's
financial
woes.
With its
unfunded
liabilities
topping
$1Billion
the
government
stands
condemned
by its
short
sightedness,
heartlessness,
and
political
pig
headedness
>
read on.
NOW
INDEPENDENTS
AND
GREENS
COME TO
DEFEND
WORKERS
RIGHTS
SA
Unions
congratulates
all the
independents
and
minor
party
members
in the
Upper
House
for
staunchly
defending
the
rights
of
injured
workers
in the
Legislative
Council
>
read on.
RANK AND
FILE
WORKERS
DELIVER
MESSAGE
TO
PREMIER
Over 40
rank and
file
members
from
unions
representing
over
140,000
workers
in South
Australia
met at
Old
Parliament
House
and
unanimously
passed
the
following
motion
and
delivered
it to
Mike
Rann's
office >
read on.
Motion
Delegates
and
members
of all
unions
in South
Australia
urge the
Premier
to
reconsider
the
current
Bill
before
Parliament
which
amends
the
Workers
Rehabilitation
&
Compensation
Act.
In
particular
we are
concerned
that :
-
The
step
down
in
wages
after
13
and
26
weeks
will
unfairly
impact
on
the
lowest
paid
workers
leaving
them
to
live
on a
wage
below
the
minimum
wage.
-
The
130
week
work
capacity
review
ill
mean
most
workers
will
be
kicked
off
WorkCover
payments
without
any
demonstration
that
there
has
been
a
genuine
attempt
to
employ
them
or
provide
them
with
re-training.
-
The
use
of
medical
panels
as
outlined
in
the
Bill
is
more
extreme
than
in
any
other
state.
If
they
are
to
be
used
then,
as
in
Victoria,
they
need
to
be a
voluntary
part
of
the
system,
attached
to
the
conciliation
progress
with
agreement
of
the
parties
as a
mechanism
to
resolve
medical
issues.
-
The
suspension
of
pay
of
workers
who
wish
to
dispute
decisions
in
the
Tribunal
is
not
a
significant
saving
to
the
scheme
is
unjust
and
should
be
removed.
-
Access
to
common
law
is
necessary
if
there
is
an
end
point
in
entitlements.
This
is
in
line
with
every
other
state
in
the
country.
-
There
is
likely
to
be a
reduction
in
payments
to
workers
for
loss
of
body
function
and
capacity.
-
There
is a
lack
of
focus
on
employers
and
their
obligations
to
make
workplaces
safer
and
treat
their
injured
workers
fairly.
Instead
the
Bill
will
continue
to
be a
situation
where
SA
has
one
of
the
lowest
levy
caps
in
Australia
and
a
levy
reduction
will
provide
a
bonus
for
employers
at
the
expense
of
workers'
entitlements.
We
call on
Mike
Rann to
urgently
establish
genuine
negotiations
with the
representatives
of
working
people
in South
Australia
to
develop
proposals
which
will
address
the
financial
issues
facing
WorkCover
in a way
that
minimises
the
impact
on
injured
workers.
MAY DAY
MARCH -
SAVE
WORKCOVER
This
year
1,000's
marched
march to
tell
Mike
Rann to
stop
attacking
the
rights
of
injured
workers.
Nobody
asks to
be
injured
at work
- if you're
hurt at
work,
how
would
you pay
the
mortgage,
the
bills
and look
after
the
kids?
In a
crisis
WorkCover
is there
to
support
your
family.
But
right
now, Mr
Rann is
planning
to slash
your
safety
net and
save
business
money
instead.
So you
will
have to
struggle
on less
while
companies
get a
bonus.
And this
is a
Labor
Government?
Join SA
Unions
in its
fight
to -
-
keep a
fair
workers
compensation
system
in SA
-
get
workers
back to
work
safely
and
fairly
-
improve
the
finances
of the
scheme
-
get an
improved
scheme
that
gets
more
people
back to
work
safely
and
fairly
-
get safe
workplaces
where
injuries
are
prevented
Join the
campaign
to save
WorkCover
- visit
the
Save
WorkCover
Now
website
or
contact
SA
Unions
phone :
8279 222
or email
:
saunions@saunions.org.au
Download
a
petition
to help
save
WorkCover
Fact
Sheet
Facts
Mike
Rann has
put a
law into
Parliament
that
attacks
the
rights
and cuts
the pay
of
injured
workers.
At the
same
time he
wants to
reduce
the
costs
for
employers.
The law
will
mean
that -
-
Injured
workers
will
have to
live on
80% of
their
wage
after
only 13
weeks
- Most
workers
will be
kicked
off the
scheme
with no
pay from
WorkCover
after 2
and a
half
years
-
Injured
workers
will
have
their
pay
suspended
if they
dispute
a
decision
about
their
claim
- The
amount
injured
workers
receive
for loss
of a
limb or
body
function
will be
less and
always
at the
discretion
of the
WorkCover
Board.
What can
you do
Visit
the
Save
WorkCover
Website
join the
blog and
voice
your
opinion
tell the
Premier
you
don't
support
cuts to
injured
workers
become a
volunteer
distribute
flyer on
the
Campaign
(page 1)
(page 2)
Media
Releases
Radio Ads
SA Unions
has begun
its public
campaign in
defence of
WorkCover,
with the
launch of
radio
advertising
in Adelaide.
Reports
