Carl September 3, 2014 at 9:16 am (UTC 10) Reply To all this is a letter & the reply a member received from Minister Perrottet as you can see the minister did not reply he had his secretary do it. If you don’t agree with any or all of this reply then I urge you to contact the minister to voice your concerns! I know that there is a lot of issues but the response is just BAD I think. Doug PEARL BEACH NSW 2256 Minister for Finance The Honourable Dominic Perrottet Level 36 Governor Macquarie Tower No 1 Farrer Place SYDNEY NSW 2000 5 June 2014 Dear Sir I am writing to you after speaking to your aide, who advised me to put down in a letter the problems that are affecting people on workers compensation. I’ve written letters to Mr Barry O’Farrell on 12th January 2013, Mr. Constance on the 9th December 2013, to date I still have not received any response. I have subsequently got in touch with other people that are new to the worker’s compensation scheme, through doctors and various support groups. We have currently got a very large number of people in support of this letter, who have interacted by both email and phone concerning the problems that they have with the worker’s compensation scheme. Due to my medical requirements I have met a large number of people in the same position. A lot of them have lost their homes due to the minimal weekly benefit that they are paid. For example, I am a 57 year old male, my injury was in 2008 I went from a normal weekly wage to $400 dollars per week. This did not even get close to covering my mortgage, let alone leave enough for food and other bills. It wasn’t until 2014 that my money went up to $670 per week, but now I have nothing left of my savings or superannuation. For people who have worked hard all of their lives, the money we get doesn’t cover our mortgages, let alone pay for any other living expenses. A good number of us have had to draw on our superannuation, under hardship, to try and save our homes or just to survive. This money only lasts a short time. When there is nothing left it puts a great deal of pressure on the family which leads to marriage breakdowns. Others people that I have spoken to, have tried to commit suicide. When you speak to these people, they tell you that they have nothing left to live for and that they just want to give up. One of the men that I know, had tried suicide earlier in the year, this led him to be locked up over Christmas. Due to his injuries he had lost his house, his marriage, everything. So the doctors thought it would be safer for him over Christmas to be locked up, for fear of him trying suicide again. If anyone dies because of the changes to workers compensation, we will do everything in our powers to see that the government, minister or department head is held responsible for that person’s death. If you read some of the emails on the Injured Workers Support Network website you will see that a lot of people now say that they have nothing left and are about to give up. YOU MUST UNDERSTAND THAT THIS INCIDENT DOES NOT ONLY AFFECT THE INDIVIDUAL PERSON, IT AFFECTS THE FAMILIES, THE CHILDREN, MOTHERS, FATHERS, BROTHERS, SISTERS, THE UNCLES & AUNTIES, AND DOWN TO FRIENDS. EVEN I HAVE HAD TO STAY WITH OTHER PEOPLE, AND RENT MY HOME, DUE TO INABILITY TO MEET MY MORTGAGE PAYMENTS. THESE CIRCUMSTANCES EQUATE TO THE LOSS OF MANY, MANY VOTES FOR THE NEW SOUTH WALES LIBERAL PARTY. We have spoken to the leader of the NSW opposition who has given a guarantee to rescind the O’Farrell changes to the workers compensation scheme. As you would have seen on many current affair programs, YES we do understand that changes have to be made, but, within reason, but when medical evidence cannot be refuted why is it that these people with serious injuries suffer the same as people with minor injuries. Serious injuries are lifelong. All that is needed to start with is to have the word RETROSPECTIVE removed from the changes of June 2012. Most of the injured people have x-rays to prove the severity of their problems. As my neuro surgeon and other doctors have said “x-rays do not lie”. Both my surgeon & GP have told me that when their current worker’s compensation patient cases are completed, they will no longer attend to patients under Worker’s Compensation. Because of the problems they have had with WorkCover & the insurance company’s employees. These are people who have no medical training and over-rule doctor’s requests and certificates. They disallow scans or procedures that are requested by the medical professionals. My surgeon has told me that his colleagues are no longer seeing patients who are on worker’s compensation because of this. We now have the support and backing of Greens NSW MP David Shoebridge & the Injured Workers Support Network of NSW and the Unions. The New South Wales government has an election coming up soon, in which we will give our support to whoever will help us the most. This will lead to a vast number of votes to whoever helps. We know the government has handed all the assessments over to the insurance companies. These are the people who are making the money, whilst the victims of workplace accidents are suffering hardship. The insurance companies do everything that they can to make out that there is nothing wrong with the injured worker. They send the worker to their preferred doctors’; these doctors get paid by the insurance companies. How can an impartial outcome be reached, when you are already seeing the best surgeons in their field. By seeing the insurance company doctor you end up with a lower assessment than that of your treating surgeon, who knows the ins & outs of your condition. The insurance companies have workers followed & photographed. I was even followed to my mother’s funeral; which led to a phone call to my doctor to have my medical certificate changed to the benefit of the insurance company, by stating that the injury isn’t what the neuro surgeon said. I was in the doctor’s office when the call was received and this change was requested. I am still in need of another two operations. But I have had complications from the first one. But like a lot of other injured workers I have been told that my medical cover would cease at the beginning of 2017. If the changes are not rescinded where does this leave us? Could you please explain? 1. How after being injured & having to use up our superannuation, what do we do now for our retirement? 2. Who, now, are going to replace our homes that we worked so hard for and lost due to no fault of our own? 3. Who is going to rebuild our shattered families? 4. Who is going to help us with ongoing medical costs, after the new law cuts our benefits? 5. There are a large number of people that are close to retirement that will not be able to return to work, regardless of retraining, because their pain is relentless & the amount of pain killers that they are on, make them a danger in the workplace. Can you explain what they are to do? 6. If you are previously injured, what insurance company would cover you for workers compensation? I have been told by potential employers (when made to seek employment by WorkCover) that they did not want & will not take on people with previous injuries. The answers to these questions will be passed on to everybody concerned as we are now setting up a website for all to view & reply. We await your response to this very urgent matter. From an injured worker of NSW To all this is a letter & the reply a member received from Minister Perrottet as you can see the minister did not reply he had his secretary do it. If you don’t agree with any or all of this reply then I urge you to contact the minister to voice your concerns! I know that there is a lot of issues but the response is just BAD I think. Doug PEARL BEACH NSW 2256 Minister for Finance The Honourable Dominic Perrottet Level 36 Governor Macquarie Tower No 1 Farrer Place SYDNEY NSW 2000 5 June 2014 Dear Sir I am writing to you after speaking to your aide, who advised me to put down in a letter the problems that are affecting people on workers compensation. I’ve written letters to Mr Barry O’Farrell on 12th January 2013, Mr. Constance on the 9th December 2013, to date I still have not received any response. I have subsequently got in touch with other people that are new to the worker’s compensation scheme, through doctors and various support groups. We have currently got a very large number of people in support of this letter, who have interacted by both email and phone concerning the problems that they have with the worker’s compensation scheme. Due to my medical requirements I have met a large number of people in the same position. A lot of them have lost their homes due to the minimal weekly benefit that they are paid. For example, I am a 57 year old male, my injury was in 2008 I went from a normal weekly wage to $400 dollars per week. This did not even get close to covering my mortgage, let alone leave enough for food and other bills. It wasn’t until 2014 that my money went up to $670 per week, but now I have nothing left of my savings or superannuation. For people who have worked hard all of their lives, the money we get doesn’t cover our mortgages, let alone pay for any other living expenses. A good number of us have had to draw on our superannuation, under hardship, to try and save our homes or just to survive. This money only lasts a short time. When there is nothing left it puts a great deal of pressure on the family which leads to marriage breakdowns. Others people that I have spoken to, have tried to commit suicide. When you speak to these people, they tell you that they have nothing left to live for and that they just want to give up. One of the men that I know, had tried suicide earlier in the year, this led him to be locked up over Christmas. Due to his injuries he had lost his house, his marriage, everything. So the doctors thought it would be safer for him over Christmas to be locked up, for fear of him trying suicide again. If anyone dies because of the changes to workers compensation, we will do everything in our powers to see that the government, minister or department head is held responsible for that person’s death. If you read some of the emails on the Injured Workers Support Network website you will see that a lot of people now say that they have nothing left and are about to give up. YOU MUST UNDERSTAND THAT THIS INCIDENT DOES NOT ONLY AFFECT THE INDIVIDUAL PERSON, IT AFFECTS THE FAMILIES, THE CHILDREN, MOTHERS, FATHERS, BROTHERS, SISTERS, THE UNCLES & AUNTIES, AND DOWN TO FRIENDS. EVEN I HAVE HAD TO STAY WITH OTHER PEOPLE, AND RENT MY HOME, DUE TO INABILITY TO MEET MY MORTGAGE PAYMENTS. THESE CIRCUMSTANCES EQUATE TO THE LOSS OF MANY, MANY VOTES FOR THE NEW SOUTH WALES LIBERAL PARTY. We have spoken to the leader of the NSW opposition who has given a guarantee to rescind the O’Farrell changes to the workers compensation scheme. As you would have seen on many current affair programs, YES we do understand that changes have to be made, but, within reason, but when medical evidence cannot be refuted why is it that these people with serious injuries suffer the same as people with minor injuries. Serious injuries are lifelong. All that is needed to start with is to have the word RETROSPECTIVE removed from the changes of June 2012. Most of the injured people have x-rays to prove the severity of their problems. As my neuro surgeon and other doctors have said “x-rays do not lie”. Both my surgeon & GP have told me that when their current worker’s compensation patient cases are completed, they will no longer attend to patients under Worker’s Compensation. Because of the problems they have had with WorkCover & the insurance company’s employees. These are people who have no medical training and over-rule doctor’s requests and certificates. They disallow scans or procedures that are requested by the medical professionals. My surgeon has told me that his colleagues are no longer seeing patients who are on worker’s compensation because of this. We now have the support and backing of Greens NSW MP David Shoebridge & the Injured Workers Support Network of NSW and the Unions. The New South Wales government has an election coming up soon, in which we will give our support to whoever will help us the most. This will lead to a vast number of votes to whoever helps. We know the government has handed all the assessments over to the insurance companies. These are the people who are making the money, whilst the victims of workplace accidents are suffering hardship. The insurance companies do everything that they can to make out that there is nothing wrong with the injured worker. They send the worker to their preferred doctors’; these doctors get paid by the insurance companies. How can an impartial outcome be reached, when you are already seeing the best surgeons in their field. By seeing the insurance company doctor you end up with a lower assessment than that of your treating surgeon, who knows the ins & outs of your condition. The insurance companies have workers followed & photographed. I was even followed to my mother’s funeral; which led to a phone call to my doctor to have my medical certificate changed to the benefit of the insurance company, by stating that the injury isn’t what the neuro surgeon said. I was in the doctor’s office when the call was received and this change was requested. I am still in need of another two operations. But I have had complications from the first one. But like a lot of other injured workers I have been told that my medical cover would cease at the beginning of 2017. If the changes are not rescinded where does this leave us? Could you please explain? 1. How after being injured & having to use up our superannuation, what do we do now for our retirement? 2. Who, now, are going to replace our homes that we worked so hard for and lost due to no fault of our own? 3. Who is going to rebuild our shattered families? 4. Who is going to help us with ongoing medical costs, after the new law cuts our benefits? 5. There are a large number of people that are close to retirement that will not be able to return to work, regardless of retraining, because their pain is relentless & the amount of pain killers that they are on, make them a danger in the workplace. Can you explain what they are to do? 6. If you are previously injured, what insurance company would cover you for workers compensation? I have been told by potential employers (when made to seek employment by WorkCover) that they did not want & will not take on people with previous injuries. The answers to these questions will be passed on to everybody concerned as we are now setting up a website for all to view & reply. We await your response to this very urgent matter. From an injured worker of NSW REPLY Mark Speakman SC MP Parliamentary Secretary for Treasury Mr Doug PEARL BEACH NSW 2256 Dear Mr Thank you for your correspondence to the Hon Dominic Perrottet MP, Minister for Finance and Services about the New South Wales Workers Compensation Scheme. The Minister has asked that I respond on his behalf. I understand that you did not receive a response to your letter to the former Minister for Finance and Services in December 2013. I enclose a copy of the response dated 23 January 2014 for your information. Better support for injured workers The Liberal Government inherited an unsustainable Workers Compensation Scheme with a rising $4 billion deficit. The changes introduced in 2012 were about putting the Scheme back on a sustainable footing and better supporting the State’s most seriously injured workers. The Scheme is now fully funded and structured to focus on its core objectives of maintaining a financially viable and sustainable workers compensation system that is fair and affordable for employers, while improving outcomes for injured workers. The changes to the weekly payment structure mean that payments are now more closely aligned with a worker’s pre-injury average weekly earnings, which has increased payments for most incapacitated workers who are not able to return to work in the first 13 weeks after an injury. Since September 2012, the most seriously injured workers being supported by the Scheme have been receiving a rate which is around 70 per cent more than the previous statutory rate. These workers will receive weekly payments until they reach Commonwealth retiring age. The changes to statutory benefits were designed to address the failings of ongoing payments within the former structure which adversely affected so many workers. I note your comments regarding the number of workers you have met who have experienced problems with the old Scheme. I would encourage these workers to contact WorkCover directly for assistance with their claim or to discuss their circumstances. Medical treatment Time limits on medical payments under the Scheme were established to ensure its future viability, while also providing appropriate support for injured workers. Injured workers are eligible for reasonably necessary medical and related treatment for a period of 12 months after a claim is made or 12 months after their entitlement to weekly payments ceases. Seriously injured workers, those with greater than 30 per cent whole person impairment, are exempt from the time limit and will continue to receive medical coverage for their lifetime. Further, the Minister recently announced several enhancements to the 2012 reforms that will soon be made by regulation and assist thousands of workers who had claims before 1 October 2012. These include: ensuring continued access to hearing aids, prostheses and home and vehicle modifications and related treatment until retirement age; extending medical benefits for workers with ‘whole person impairment’ assessed between 21 per cent to 30 per cent, until retirement age. Workers whose medical benefits have ceased can make a subsequent claim if there is a further deterioration in their condition related to their original injury. Alternatively, they are encouraged to contact Medicare Australia, on 13 20 11 or at humanservices.gov.au to enquire about benefits that may be available. Supporting a return to work On the issue you raised about returning to work following an injury and work capacity assessments, the Government is committed to focusing the Scheme on rehabilitation and returning workers to suitable, safe and durable employment. For this reason, the new Certificate of Capacity issued by the nominated treating doctor, focuses on what the worker can do, rather than what the worker cannot do. The Scheme reforms and the development of the Certificate of Capacity in particular, involved extensive consultation with the medical community, including the Royal Australian College of General Practitioners, GPNSW, the Australian Medical Association and the Australasian Faculty of Occupational and Environmental Medicine. The Certificate of Capacity forms only one element of the insurer’s holistic assessment of a worker’s capacity to return to work. Work Capacity assessments consider all available information, such as, a worker’s self-report, injury management plans, information from the employer, reports from treating providers and independent medical reports. The role of an independent medical examiner is to conduct a medical assessment of an injured worker and provide independent, impartial advice about causes of the medical condition, reasonably necessary treatment and the worker’s capacity for work. In some workers compensation cases where there may be an issue regarding liability for a claim, the insurer can undertake factual investigations, including employing the services of a private investigator. This may only be for the purpose of interviewing witnesses, work colleagues or relatives of the worker, and in some cases discreet surveillance of the worker’s daily activities. Investigators are regulated by legislation administered by the NSW Police. Any concerns about the activities or methods of a private investigator should be raised with the insurer or the Security, Licensing and Enforcement Directorate of the NSW Police, which can be contacted on 1300 362 001 or at [email protected]. Injured workers have a number of avenues for review if they believe their work capacity decision has not been applied fairly. Initially they can request the insurer internally review the decision. If they are not satisfied with the outcome of the internal review, they can apply to WorkCover for a merit review of the decision. Following the internal and merit reviews, injured workers have the option to apply to the WorkCover Independent Review Office (WIRO) for a procedural review. The WIRO can be contacted on 13 94 76 or at wiro.nsw.gov.au. I am very concerned that potential employers have refused to offer you employment on the basis of your injury. These employers may be in breach of the Anti-Discrimination Act 1977 (NSW). I encourage you to contact the Anti-Discrimination Board of New South Wales, on 9268 5544 or at [email protected], for guidance on making a formal complaint. Before changes were made to the Scheme, employers had existing obligations to assist their injured workers to return to work. However, the legislation has been strengthened and WorkCover can now formally request employers to provide suitable employment to their injured workers with capacity to return to work. WorkCover inspectors are authorised to issue legally binding Improvement Notices to employers. Penalties of up to $11,000 apply for businesses that fail to meet their injury management and return to work obligations. In addition, rehabilitation providers can access a range of vocational services to help injured workers return to work, such as, the JobCover Placement Program, work trials, retraining option, the Transition to Work Program and, where required, equipment and workplace modifications. Workers should contact their insurers for further information about rehabilitation and job seeking assistance. Please be assured that the government understands the impact an injury can have and that long-term work loss has an impact on a person’s health and wellbeing, their financial independence and social inclusion. I would strongly encourage anyone who is distressed or contemplating suicide to discuss their situation with their nominated treating doctor. In addition to the support offered under the Scheme, there are counselling services available, such as: Lifeline, available on 13 11 14; the Salvo Care Line, available on 1300 363 622; and the Suicide Call Back Service, available on 1300 659 467. I note your comments that you will require further surgery in the future. I wish you all the best for your operation and in your recovery and rehabilitation. For information about your particular medical entitlements or any assistance with your claim, I encourage you to continue to liaise with your insurer directly, or WorkCover on 13 10 50. I trust this information is of assistance. Yours sincerely Mark Speakman SC MP Parliamentary Secretary for Treasury Encl.
Posted on: Fri, 19 Sep 2014 00:53:17 +0000
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