This program does not provide a fair and reasonable outcome for workers
who do not have a whole person impairment of 30% or more for that injury.
The medical panels and the insurers are making sure that our whole
person impairments are well below 30% so, what does this mean for us?
Are our injuries less important or as worded in the text below not "seriously
injured" The governments choice of wording here is selective and discriminatory
The aim of the ICRP was to protect the Workers who were injured
between 12 November 1997 and 19 October 1999 who do not have access
to common law.
The ICRP was designed to help these workers as long, as your whole
person impairment is above 30%.
The purpose is to review files for each worker injured between the dates above
and is still on weekly benefits after more than 104 weeks.
This review is supposed to ensure that the claims management had, amongst
other things:
· supported seriously injured workers. (30% and over)
· the services provided met their individual needs (as long as workcover say its ok)
· return to work options were explored where there was a capacity to work (no there not)
· potential access to all WorkCover statutory entitlements including lump-sum
benefits was considered. (yeh right, that's why workcover has a $38 billion dollar
legal bill for denial of benefits to injured workers)
ICRP Settlements
Workers seriously injured during this period can voluntarily apply for a lump
sum payment instead of remaining on ongoing weekly payments if they meet
the criteria below. (and then workcover are rid of you)
The settlement amounts are set by a statutory formula which depends on the
worker’s net weekly compensation and his or her age next birthday after
qualifying and lodging an expression of interest.
See also: 14.2 - Subdivision 1 settlements
Eligibility for ICRP
To be eligible to apply for an ICRP settlement, a worker would have to meet
the following criteria:
· the injury for which the worker is receiving weekly compensation must have
occurred between 12 November 1997 and 19 October 1999.
· the worker must have received weekly compensation for at least 104 weeks
for that injury and is continuing to receive it (note: if the worker is subject to a
non‑entitlement period because of receipt of a superannuation or termination
lump sum, they may still be eligible to apply)
· the worker must have been classified as having no current work capacity
indefinitely for that injury
· the worker must have been assessed in accordance with the Act as having
a whole person impairment of 30% or more for that injury.
Its always in the last line!
Workcover Victims Victoria was established in 1999 and this blog was created in 2008. We are a fully Independent advocacy group for Injured Workers and their families. You can find up to date information on YOUR RIGHTS and making a workcover claim and we also have many other links for further information including; legislation, Guidelines & Reports, News & Contact Directory.
Friday, 20 June 2008
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