Monday 15 September 2008

Hanks Report threatens stress claims

The ASU and other unions in Victoria are campaigning against proposed
changes to WorkCover that will restrict stress claims.

The changes have the potential to impact on workers, including ASU members,
by making it harder to receive compensation from stress claims.
Following a review of the Accident Compensation Act, it has been
recommended that the Act be amended to exclude all stress injury claims that
arise from any “reasonable management action”.

The proposed change is in direct contradiction to the underlying principle of the
Victorian WorkCover system that it is a “no fault” system, whether on the part
of the employer or the worker.

If this change happens, it would create a two-tiered system, with a worker who
has suffered a psychological injury required to demonstrate that the actions of
his or her employer were unreasonable, whereas if the injury were physical the
worker would simply have to show that the injury happened at work to obtain
statutory benefits.

The ASU and other unions find this recommendation an affront to worker’s
rights and a weakening of the laws designed to protect workers.
Each year about 3000 people receive stress injuries at work. If the
recommended changes go ahead, it is predicted that the vast majority of stress
claims will not be accepted in the future.

The ASU is lobbying the Brumby Government to stop the proposed changes.
Victorian workers deserver better and injured workers deserve the best system.

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