2012-10-29, English, Article, Journal or magazine article edition: Injured workers and legal advice (29 October 2012) N.S.W. Teachers' Federation

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Injured workers and legal advice (29 October 2012)
 
Bookmark: https://trove.nla.gov.au/version/258589199
Physical Description
  • 396 words
  • article
  • Journals
  • Magazines
Published
  • xna, The Federation, 2012-10-29
Language
  • English

Edition details

Title
  • Injured workers and legal advice (29 October 2012)
Appears In
  • Education : journal of the N.S.W. Public School Teachers Federation., v.93, no.10, 2012-10-29
Author
  • N.S.W. Teachers' Federation
Other Contributors
  • Sam Clay
Published
  • xna, The Federation, 2012-10-29
Physical Description
  • 396 words
  • article
  • Journals
  • Magazines
Part Of
  • Education : journal of the N.S.W. Public School Teachers Federation.
  • Vol. 93 No. 10 (29 Oct 2012)
Subjects
Summary
  • Injured workers and legal advice Sam Clay Industrial Officer Unions' pressure on the NSW Government ernment about unfair changes to workers compensation legislation tion has led the Government to announce nounce the establishment of the Independent Legal Assistance and Review Service. In June the NSW Government legislated changes to workers compensation pensation which cut many existing entitlements for injured workers. Under the previous scheme workers ers could seek legal advice and support port if their claim for workers compensation pensation was rejected. The legal and other costs associated with disputing puting the claim were paid by the insurer if the claim was successful. This was changed so that the worker would have to pay all legal and other costs whether they were successful ful or not. Essentially, the costs involved volved would prevent the majority of workers from challenging an insurer's surer's decision to reject their claim. If implemented, the Independent ent Legal Assistance and Review Service will facilitate access to free independent legal advice to injured workers in circumstances where there is a disagreement with insurers ers regarding entitlements. As a consequence, sequence, some workers would be saved from paying legal costs. However, ever, legal assistance will not extend to pursuing cases in the Workers Compensation Commission. Newly appointed Work Cover Independent pendent Review Officer Kim Garling told Federation and other unions that the Independent Legal Assistance and Review Service would operate as a part of the Work Cover Independent Review Office. Federation has been advised that applications for assistance tance will be assessed by a panel of lawyers, with funding to solicitors to occur on the basis that there is a reasonably sonably arguable case that the case will succeed. The Work Cover Independent pendent Review Office has advised all "genuine cases” will be funded. Exactly what the Work Cover Independent pendent Review Officer determines to be "genuine cases" with reasonable ble prospects of success remains to be seen. Federation will continue to liaise with Work Cover and the Work Cover ver Independent Review Office over the implementation of Independent Legal Assistance Review Service. Federation still has many concerns about the other legislative changes including limits to entitlements and increased thresholds for lump sum payments, and will continue to campaign paign with other unions. Members who have workers compensation claims refused are advised to immediately call Federation's Communications/​ Welfare section on 1300 654 367.
Terms of Use
Language
  • English
Identifier
  • 370.5 (DDC)

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