Compromising recovery
The Victorian Ombudsman's second investigation into five commercial insurers behind WorkSafe highlights the questionable behaviour of agents.
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It revealed practices including selective use of evidence to cut-off entitlements, doctor shopping, reliance on independent medical experts over treating doctors and surveillance to discontinue benefits, even when the activity is approved by a physiotherapist. This adversarial behaviour adds to what is already a distressing time for injured workers. Many are made to wait several months or must rely on litigation to access simple and much needed services such as rehabilitation following surgery or psychological support due to not being able to return to work.
The report cites more than 850 conciliation requests from workers due to the insurers' failure to respond to treatment requests. When a medical and like expenses referral is received, the insurer should make a decision within 28 days. Often this deadline isn't met and the delay compromises recovery.
I have seen a significant number of psychological claims rejected on the basis of reasonable management action or performance reviews. Insurers rely on this defence, even when no record of performance management action being taken was available. About 60 per cent of psychological injury claims were rejected using this defence.
When people's ability to get back on their feet is this difficult, there can be dire consequences. Quality of life is lost and some can no longer afford to keep a roof over their head.
Jennifer Lay, Slater and Gordon Workers' Compensation Associate
Bring in coward's levy
There are far too many incidences of low-life attacks on seniors and it is clear the current enforcement regime is not acting as a deterrent. Just one all too common example will suffice.
An elderly 75-year-old woman was brutally attacked and seriously injured in Port Douglas last month. She was assaulted by two cowardly thugs while just walking along the street and was knocked to the ground unconscious. She was left by the road for two hours before found by passers-by. This lady did nothing to justify the assault.
I propose a "coward's levy" whereby anyone attacking a senior (a person over 60) will have a mandatory coward's levy equal to the maximum penalty for the particular offence added to the judge's sentence.
Jail time should be with no parole. We impose double demerit points to road offences when we perceive them to be a major problem and this is far more serious. Surely how well old people are protected is a measure of a society. At present we don't measure up.
Len Shefford, Thurgoona
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