Crackdown on Workers Compensation Entitlement Claims
By GC Law16 Aug 2013
Recent news indicates that Victoria’s work protection body has cracked down on payments to injured workers, with a 43 per cent increase in the number of disputes arising from benefit terminations.
A recent report showed disputes with WorkSafe Victoria had increased by almost 15 per cent between the April 2011 to March 2012 period, and April 2012 to March 2013 period.
Even more telling was the 43 per cent increase in the number of disputes arising from the termination of WorkSafe payments.
The report also showed the number of long-term entitlement disputes had increased by 22 per cent. Disputes over the payment of medical and similar services had increased by 20 per cent during the same period.
WorkSafe is “inappropriately rejecting claims”, claims Victorian Community and Public Sector Union Work Cover services director, Geoff Lewin.
“The figures confirm that WorkCover’s agents [the insurance industry] have got out of control, rejecting and terminating workers’ entitlements without any real scrutiny from WorkSafe,” Mr Lewin said.
“Agents are reversing the onus of proof, rejecting claims, and forcing workers to either walk away, or proceed to the court for justice.”
Worksafe has rejected suggestions that it was ‘cracking down’ on the entitlements of injured workers.
It said that any change to an injured worker’s entitlements was done in full accordance with the Accident Compensation Act 1985 and the conciliation system was designed to ensure “that such sensitive decisions can be reviewed at any time by an independent umpire.”
WorkSafe reported in March that a surge in common law claims had dented the financial performance of the state’s workers’ compensation scheme, and a spike in already rising levels of common law claims added about $150 million to liabilities for the half year.
In July this year, new legislation came into force for the purposes of claiming workers’ compensation in Queensland, so if you or a member of your family are injured at work and this includes driving to and from work, for more on this you can read our article “Had a Car Accident on the Way to Work”, you must seek legal advice from a lawyer skilled in the area of personal injury compensation.
Some people believe they can handle their own claims, the problem with this however is they don’t know the law and are unable to get the maximum amount of compensation they are entitled too.
GC law specialises in workers compensation claims, and we can fight for your rights under the current legislation to ensure that your claim is not rejected.
You can use our Free Case Review process to start your claim and our team of Gold Coast lawyers will contact you and advise you on the next steps.
Contact GC Law on 1300 302 318
Story source: www.afr.com.au