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COMMON LAW: What You Can Do To Make Sure Your Benefits Are Maintained
04 September 2001
Write letters or visit your local Member of Parliament. Ask them to sign the pledge and give a commitment that they will maintain your right to sue a negligent employer, and have the same level of access (as currently exists) to these benefits.
These benefits are:
· Maintaining the District and Supreme Courts.Common law matters are currently dealt with by the District and Supreme Courts
. This is a very fair and efficient system. Injured workers need a Judge and a Court to determine these matters and not an Administrative Tribunal.
· Premium increases where appropriate.The problem with the WorkCover Scheme, and why it is in debt, is the impact of the GST. Some employers avoid paying the correct premium. Also, premiums are structured so that bad performing employers are protected from paying the real cost.
· Keeping lump sum settlements.Currently workers are paid out in a lump sum. Instead of a weekly pension. Most workers want to be paid a lump sum.
· Oppose structured settlements.Structured settlements are where you pay an injured worker in installments. Insurance companies would administer these installments. The majority of workers want to manage their own lump sum to be paid all at once.
· Keep two gateways for access. Currently there are two gateways for employees to access common law:
1. Disability threshold test
2. Monetary threshold test - it is vital that the Government keeps the second gateway, ie: monetary or judicial discretion, otherwise, the majority of workers will not get through the test.
· Second gateway - Permanent Injury Threshold Test. The way injuries are assessed is about to be changed and guidelines are currently being developed. The new threshold needs to be set at a fair level to ensure the same level of access that is currently available, and not the same and the Motor Accident Scheme.
For further information
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