The Victorian Government has delivered on its commitment to restore
common law rights for seriously injured workers the Premier, Mr Steve
Bracks, said today.
Mr Bracks said the changes would be effective as at October 20 1999 –
the day the government was sworn into office.“The Labor Government
was elected with a very clear commitment to restore common law rights
for seriously injured workers,” Mr Bracks said.“We said we wanted a
WorkCover scheme which was fully funded, that had competitive
premiums and which restored the common law rights of seriously
injured workers.“Today we’ve delivered on that commitment.
”Mr Bracks said workers would be able to access damages for common
law if they satisfied strict guidelines for serious injury under either a
whole person impairment test or through a tightened narrative which
would be assessed through the courts.“As was the case prior to November
11 1997 a worker must have either a whole person impairment of 30%, as
assessed under the AMA Medical Guides 4th Edition, or satisfy the narrative
test for serious injury,”Mr Bracks said.
“The narrative test examines the consequences of the injury on an individual
in terms of both economic loss and pain and suffering.”WorkCover premiums
will increase marginally to an average of 2.18% of payroll – still below the
national average. This will overcome WorkCover’s unfunded liability,
which has been estimated at $296 million, and ensure the scheme is fully
funded within three years.
Mr Bracks said workers who were seriously injured between November
1997 and October 1999 would be offered assistance through a new
Intensive Case Review Program (ICRP).
“The ICRP will offer support to the victims who were hardest hit by
the Kennett Government’s changes. The program will ensure that
seriously injured workers are getting the maximum financial help
they can including the chance, where appropriate, to access a lump
sum settlement of their benefit,” Mr Bracks said.
Mr Bracks said other changes to the WorkCover Scheme would
include:·
- Improved weekly benefits for both employees and employers
- Improvements to pain and suffering (SNEL) benefits·
- Restrictions on legal costs·
- A review of rehabilitation and return to work programs.
The Minister for WorkCover, Mr Bob Cameron, said the changes
were responsible and affordable.“These changes show that this
government cares for those workers who are severely injured in
the workplace.”“Now, under Labor, Victorians who are seriously
injured at work because of employer or third party negligence
will have the right to take action through the courts.
WCV's: but only if you weren't injured during 97 - 99, Mr Bracks!
We haven't seen any of the improvements that you offered. (ICRP process)
The use of the phrase "seriously injured" leaves a lot of injured
workers without cover. (more than a 30% whole person impairment
needed)
So whom really benefited form this announcement and its apparent
changes?
Injured workers are still be refused medical and alike expenses,
physiotherapy,specialist care, return to works, and common law rights
because of ridiculous and impractical guidelines that were designed to
make it virtually impossible for a worker to really make a claim.
All of the promises made by Bracks during his pre election campaign
about helping the Injured workers of Victoria was all lies and and
obvious ploy for the Labor government to big note themselves and
make it look like they give a shit, and we all know they don't!!!!
So wheres the going forward Mr Bracks?
Injured Workers are tired of this behaviour by our Governments!
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