Register of workers' compensation claim categories

14/7/93

The Government is establishing a register of three categories of workers' compensation claims affected by changes to the system following a positive response to the hotline which opened at the start of this week.

Labour Relations Minister Graham Kierath said there had so far been 978 calls to the hotline, which helped to identify the number of workers who believe they may have been disadvantaged by the June 30 cut-off.

"About 36 per cent of those calls were either general inquiries or did not concern common law claims, while those affected by the cut-off crystallised into three main groups," Mr Kierath said.

These were:

·         workers who had commenced negotiating for a common law claim with an insurer before the cut-off;

·         those who had commenced briefing legal advisers for common law action before the cut-off but had not commenced negotiations with the insurer; and

·         those whose medical condition had not stabilised, but who had a potential common law claim.

"The Government does not want these workers to be disadvantaged and I am establishing a register so that their cases can be assessed.  I am asking them to register in writing before July 29, 1993," Mr Kierath said.

The Government would be advertising Statewide to ensure that all workers in this situation had the opportunity to register.

The Minister said workers who had only started negotiations with legal advisers and not an insurer would be asked to submit affidavits from themselves and their lawyers.

Those in the other two categories were asked to write a letter giving the name of the worker, employer and insurer and, in the case of workers waiting for their medical condition to stabilise a medical certificate, to the Common Law Register of Interest, Workers' Compensation and Rehabilitation Commission, 2 Bedbrook Place, Shenton Park.

The offer only applied to those workers who believed they could prove employer negligence caused their injury.

The register did not apply to the vast majority of workers who had workers' compensation claims only.

Mr Kierath said last night's decision by the Trades and Labor Council to stage a rally was a waste of time and a disservice to workers.

"What the TLC appears to be telling workers is that it is not in favour of increased benefits which will be provided under the new system," he said.

"It is also apparently against eliminating the extensive delays which are incurred by workers who have to fight the system through common law to get any form of settlement.

"The TLC's action is particularly disappointing when their own position paper highlights many of the deficiencies in the current system which the Government is addressing in the new legislation."

Media contact: Brian Coulter 222 9595