Legislation dealing with workers' compensation and rehabilitation

2/11/95

Benefits for injured workers undertaking vocational rehabilitation and tougher penalties are features of a Bill tabled in State Parliament this week by Labour Relations Minister Graham Kierath today.

The Workers' Compensation and Rehabilitation Amendment Bill 1993 increases the emphasis on a return to work for recuperating employees.

The Minister said encouraging injured workers back to a productive life had always been one of the most important considerations of the reforms.

"Workers will no longer have weekly payments reduced or discontinued while they are undertaking vocational rehabilitation programs," Mr Kierath said.

"They will have the confidence and security to fully participate without the worry of being disadvantaged."

The Minister said the Bill would streamline and refine the workers' compensation system.

It had been developed with the help of key stakeholders.

Besides rehabilitation, the thrust of the legislation:

·       clearly defines the obligations of the employer to provide insurance.  This would be done by targeting working directors, recovery of avoided premiums, the powers of inspectors and fines and penalties;

·       ensures costs would not be awarded against a worker in cases where the employer/insurer has appealed against a review officer's decision;

·       introduces specific claims for dependants of dead workers, enabling them to directly access compensation awards;

·       provides for specific claims for noise-induced hearing loss; and -

·       gives employers lines of appeal against the classification of industry or amount of premium assessed;

Mr Kierath said where a body corporate failed to obtain a workers' compensation policy, every director or responsible officer concerned could be held liable and fined.

WorkCover inspectors would be given extra power to enter work sites to examine insurance records.

Employers whose number of insurance claims were well above normal would face a rise in premiums from 50 per cent to 100 per cent.

New offences relate to employers who:

·       refuse to help with the rehabilitation of a worker when required;

·       deduct from workers' wages towards their own obligation for workers' compensation insurance;

·       assign part or all of a workers' compensation or lump sum redemption; and -

·       who defraud or try to defraud the system to obtain any benefit.

The amendments are also more definitive on claims for loss of future earnings.  They offer more flexibility on travelling expenses for medical treatment and recognise the needs of partially incapacitated workers to cash in future weekly payments.

Mr Kierath said while the reforms would benefit workers, they would also enable employers to share in reduced premiums.

"There has already been a 15 per cent reduction in premiums and the new enhancements and efficiencies, resulting from the amendments, would see further improvements," he said.

Media contact: Caroline Lacy (09) 481 2133 / 222 9595