Everyone deserves a fair go
November 15 2002 - The Law Society of NSW is calling for a review of current workers compensation laws in New South Wales, arguing that employees injured 'on the job' are not getting the damages they deserve.
Kim Cull, Law Society President reiterated calls for a uniform approach to tort law to ensure all victims of workplace accidents receive adequate and fair damages. Ms Cull's comments were made in the foreground of Newcastle's BHP steelworks that has been the site of many workplace accidents over the years.
"The Law Society wants a fair go for injured victims. It's astonishing that between December 2001 and June 2002 the amount of damages paid to victims of workplace accidents was slashed by $266 million. The State Government has chosen a 'quick fix' attack on benefits," Ms Cull said.
"We currently have a tort law system in NSW which discriminates against injured victims by assessing people differently under the workers compensation, medical negligence, public liability insurance and motor accidents schemes. For example if a person is injured on site at work and sustains the same injury as a person who is injured in a car accident then they deserve the same compensation.
"The State Government must also review the current thresholds for damages for pain and suffering as they are too high and only between 5 and 10% of claimants will get above the high bar.
"A major problem is that the right to receive lump sum compensation in lieu of weekly payments has been abolished. Workers compensation claimants have been forced to be on a drip feed payments system whereas other victims in other areas of tort law can get lump sums. Workers have been discriminated against because their capacity to recover damages for pain and suffering is more severely limited than any other compensation category such as public liability and medical negligence. This is not fair. It supports the Law Society's call for a uniform system."
The NSW Law Society recommends the following for a fairer compensation system:
* Fairness for everyone regardless of the how their injury is sustained.
* The same damages for the same injury - A one-model approach.
* A reassessment of the current thresholds for damages.
* The Civil Liability Act 2002 in relation to damages and other aspects provides a template that Government should apply to all accidents.
"The Law Society will continue to seek input from local communities about tort law reforms and will continue to lobby the Carr Government for a uniform and fairer approach to tort law," Kim Cull said.