Workers Compensation Cut
The Federal Government has passed a bill through the Senate which will strip back Workers Compensation coverage for Commonwealth public servants. The amendments take away your right to claim workers compensation for injuries sustained while travelling to and from work, during lunch and other breaks and while participating in sporting activities at lunch time. The Staff Association wants to hear your views on the changes.
Community outrage over the proposed changes
The Staff Association/CPSU, other unions, and community groups made detailed submissions to the Senate committee opposing the regressive changes contained in the Safety, Rehabilitation, Compensation and Other Legislation Amendment Bill. Groups like Fitness Australia and the Australian Bicycle Federation also expressed concerns that the new laws may create a disincentive for people to engage in exercise. Yet the Government has hailed the bill as a triumph in cost saving. In reality though, the changes will essentially shift risks and costs onto employees and the community.
Harder to claim for work related injuries
The changes to the definition of “disease” and “injury” may make it more difficult for people with a work related illness or injury to make a compensation claim. For example, psychological illnesses arising from a “reasonable administrative action taken in a reasonable manner” will be excluded from compensation claims. This could mean that many claims may become “bogged down” in arguments over whether management actions were “reasonable.” Also the new definition of disease will mean that a claimant’s employment must have contributed to a “significant degree” compared with the previous test of contributing to a “material degree”.
What can you do?
The Staff Association wants to hear your views on the new laws and how you think they may affect you. Send an email with your views to your workplace delegate, health and safety representative or to csstaff@cpsu.org.au. For updates on the CPSU campaign against these changes, click here.
What is the Staff Association doing?
The Staff Association is concerned that the changes may have adverse consequences on the health and wellbeing of our members.
We are writing to CSIRO to ask for appropriate advice to be provided to staff, including social clubs, to clarify the status and liabilities of organized sports, recreation and other lunchtime and break activities.
Not a Staff Association Member?
Stand together with your colleagues. Changes to this legislation, like the impact of WorkChoices, are an attack on workers rights. Download a membership form online or call us on 03 8620 6348.
Be aware of the implications of this bill to you...
If you drive to or from work
You may have to rely upon Compulsory Third Party (CTP) Accident Insurance. Under the existing Comcare arrangements you are covered for any injury to yourself regardless of whether the accident was your fault. Under CTP Insurance you may possibly not be covered or covered only partially if you were at fault in the accident. There may be delays and legal arguments about fault and liability and payouts may be less.
If you catch public transport, walk, run or ride a bicycle to or from work and if you jog, play sport or shop at lunchtime.
You may be without protection. You may need to get advice as to whether you need to take out self insurance. You may make a claim under public liability insurance. The alternative may be to sue the relevant public transport authority at common law – a difficult process with limited and uncertain outcomes. In many cases, you may need to initiate legal action and therefore consider costs.