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Changes to Workers Compensation22 January 2002From January 2002 there have been major changes to NSW workers compensation laws. One of the areas, which have been completely overhauled, is the dispute resolution procedure which involves taking action against an insurance company for not paying a claim. Prior to January 2002, injured workers could take the insurance company through a number of channels to have their dispute determined. This recently changed when the Government has set up a new tribunal known as the Workers Compensation Commission. The new Workers Compensation Commission has been up and running since 1st January 2002. All disputed workers compensation claims such as those which are not approved for payment by the insurance company or where there may be a dispute such as a dispute over medical treatment or with an employer not offering suitable duties, will now be dealt with by the Workers Compensation Commission. The Commission has divided disputes into three different areas, these are Expedited Assessment, Return to Work and Liability Disputes. Expedited Assessment The Commission has the power to direct the insurer to make a payment within a certain period and if the insurer fails to comply with this order face the insurer will face a hefty fine. Unions will also assist with these types of disputes. This is one of the main services that unions provide to their members. Return to Work If the employer fails to provide a suitable job the Commission can direct the employer to provide suitable duties. If the employer fails to comply with a direction of the Commission, the employer also faces a hefty penalty. The employer is also able file a dispute if an employee fails to accept an offer of suitable duties. The unions will assist and represent their members in these disputes by filing all the necessary documents and preparing the arguments for your case. Specialist Arbitrators who have expertise in return to work issues will determine these disputes. Liability disputes If the insurance company refuses to pay a claim then they must notify the claimant (injured worker) in writing the reasons why the claim has been rejected. This insurer may reject the whole claim outright, that is, not pay any weekly or medical expenses or they may only reject part of a claim for medical treatment, or cover on-going physiotherapy. There can be a number of reasons why an insurance company rejects a claim and often it is because they do not have adequate information. The new changes to the law, which take effect from January 1, 2002, make it difficult for an insurer not to pay workers claim within 7 days unless they have a very good reason and the unions will make sure that the insurers abide by the law. For more information refer to article titled Insurers fined for failing to make prompt payments to injured workers on http://www.ohs.net.au/news/ The unions have a very high success rate in relation to getting these types of disputes resolved. The union will assist in the first instance in trying to resolve a dispute however, if this fails then the union and or a union solicitor will file proceedings with the Workers Compensation Commission. The Workers Compensation Commission is situated at No. 1 Oxford Street, Sydney. Unions provide assistance and advice in relation to all workers compensation issues if you are a union member. If you are not a member and are interested in joining a union, contact the Labor Council of NSW http://www.labor.net.au or 1800 688 919. For further information
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