Workers Compensation Policy Charter An Agenda to Return to Healthy Workers Compensation

We need you to help Develop a comprehensive charter of injured workers rights that does more than repeal 2012 changes Restores dignity, health and support to being injured at work. Provides a rallying point for unions, their members, IWSN, injured workers and the community to rally behind Aim for inclusion in industrial instruments and legislation

What would you include? 1. Scheme Funding Fees based on adequate funding of claims and admin funding and margin, not reliant on returns of equity Demerit fees for poor safety performers Reduction and removal of self insurers

2. Role of Regulator Sufficiently resourced Appropriately prioritised to reduce injuries, ensure adherence to WHS, WC and IM issues Providing enforcement, advice and support in a pro-active manner Have a specialist workers compensation inspectorate

3. Scheme Accountability Increases resources allocated to inspecting workers compensation Claims management restored to government management Until this occurs: – insurer agents must be monitored by tripartite body, – require audit on the scheme agents prior to contract renewal, – ensure all claims managers are trained, and – all self insurers are audited and audits provided to tripartite body for review prior to renewal

4. Common Law Restore common law based on the inadequacy of the existing system What limits or conditions if any? 5. Tri-partite Consultation Restore Consultation with workers and their representatives over workers compensation management and review

6. Trade Unions That worker’s representative (unions) be restored in their ability to investigate contraventions That Unions have full investigative rights and power to issue notices related to WC and IM matters That the rights of workers to consult with or be represented by their union be enshrined

7. Penalties Should be varied and be commensurate with the degree of the breach Should be sufficient to act as a deterrent Should be varied to also include employers and their representatives

8. Dispute Mechanism & Notification Employer to notify dispute promptly WCC retained with shorter timeframes Expedited matters 2-4 days Allow WCC to deal with threats of termination Increase speed of resolution process Mandatory dispute resolution process for RTW disputes

9. RTW / Rehabilitation Every employer have a RTW Program Prohibition of termination for injured workers Absolute obligation to provide suitable duties Labour hire and hosts Non-interference with medical appointments Hierarchy of RTW is enforced in Act and legally enforceable Incentives to return worker with existing injuries to the workplace

10. Journey and Recess Claims Payments should be made until insurer declines and worker has had opportunity to appeal through expedited process 11. Provisional Liability

12. Industrial Disease Schedules should be upgraded Tripartite body to undertake review of industrial diseases on annual basis (similar to Ontario’s example)

13. Age Limits Medical Payments should continue while needed and until death A tribunal should be establish considering extension of weekly payments beyond “retirement age”

14. Weekly Payments No more and no less principle, indexed Including in lower paid placement Pre injury earnings simplified and caps removed Step downs removed and other forms of leave allowed to be taken Emphasis on return to work will ensure no more and no less works Super to be paid in full

15. Work Capacity Reviews Abolish Work Capacity Reviews Workers functionality to be addressed as part of the rehabilitation process Ability to appeal claims managers treatment or decisions through WCC at scheme expense

16. Redemptions Abolish redemptions or commutations Where they are utilised they should be determined in a fair manner.

17. Death Set to 10x average NSW worker’s salary Dependency definition broadened No deductions for surviving after injury or spousal earnings Dependents weekly payments should equal deceased pre injury earnings Funeral expenses and counselling should be determined in line with tri partite body Nervous shock restored

18. Permanent Impairment Remove thresholds No barriers to aggravation payments Lump sum should be available for pain and suffering, gratuitous care and terminal conditions associated with latent onset injuries Lump sum should be calculated on basis of percentage of the death entitlement

20. Domestic Assistance All made on half yearly basis All compensation payable for fares, travel expenses related accommodation, living expenses for injured worker and if required their escort associated with their injury Travel Expenses 19. Indexation of Compensation Property Damage

21. Doctors Penalties should apply for directing workers to attend doctors IMEs limited to when information is not forthcoming from a doctor IM Consultants only used in accordance with Guide Feb 2011 and under workers consent Prohibition on Drs being limited to only providing information related to workplace injury

22. Medical Expenses All medicals should be paid for until death No limits placed on treatment Should not be linked to payments Workers should not be required to pay above schedules set for service provision Fee schedules should be negotiated with tripartite arrangements

Your Ideas Many Aspects, and areas for improvement Provide your story and experience, suggestions to Join NSW for ALL website Stay involved in IWSN Get behind charter and lobby your local member regardless of their allegiance or pre conceptions