New WorkCover law enables Treasurer to tax at will

Legislation just introduced by the Baillieu Government will give the Treasurer, Kim Wells, the power to tax the Victorian WorkCover Authority at will.

The government late last year flagged its intention to pull $471M out of the WorkCover scheme as a "dividend" over the next four years, which is really just a raid on its cash. It was met with howls of protest from many, including the former Chairman of the Victorian WorkCover Authority, James MacKenzie, who slammed it saying, "The big risk is that employer premiums will have to rise, or benefits...

Non-English speaking workers are compo casualties - Safe Work Australia Report

If English isn't your first language, chances are you are missing out on injury compensation benefits.

A recent report released by Safe Work Australia reveals that workers with non-English backgrounds are up to one third less likely to claim for benefits if injured.

According to the report, only one in three (34%) of injured workers born in a non-English speaking country apply for workers compensation. That compares to a claim rate of 45% among workers born in Australia.

While the report does not delve into the reasons behind...

Don't let a bumper crop turn into a grim harvest

By Michael Burdess, with thanks to Tanya Neilson

Good weather and bumper crops may also yield a bitter harvest of farm injuries for any farmer who tries to take short cuts.

WorkSafe has already rightly issued stern warnings to farmers about the increased risk they run if they try to cut corners while gathering in this season's crops.

This comes on the back of record numbers of farm injuries across country Victoria, and the alarming statistic that so far this year, half of all workplace deaths across the State have occurred on farms.

I...

Lodging a WorkCover claim doesn't mean you're suing your boss

Mary: "John is still off work. It's been weeks now. His hernia is giving him grief. He's waiting on the doctor to call hin with a date for surgery."

Bob: "What's he living off?"

Mary: "Just his savings. He's scraping by, but he's struggling."

Bob: "He should consider lodging a WorkCover claim."

Mary: "Yeah, He's mentioned it but he doesn't want to. He's not that type of guy."

Working in a smaller community, I often overhear this kind of conversation. Lodging a WorkCover (or WorkSafe) claim still carries a stigma with it among some people, particularly in the...

Harassment allegations at WorkSafe - media reports

The Age reports today on the worrying culture of bullying allegedly in place at the State's key workers compensation authority, WorkSafe.

The story maintains that bullying and stress claims are at an all-time high within the Authority.

It is embarrassing for WorkSafe that runs a high profile media campaign against workplace bullying, while also encouraging workers to return quickly to work during their rehabilitation.

In the experience of our workplace accident and compensation practice, our injury lawyers are often dismayed by the dismissive nature of WorkSafe to claims made for stress, often as a result of...

Barb, a nurse, speaks about her work injury and the challenge of rebuilding her life.

Barb knew from the time she was a child that she wanted to be a nurse. She rose to become a charge nurse and gained a special interest in working with people with cystic fibrosis, a passion that took her to hospitals around the world.

That all ended one day when she sustained a seemingly innocent injury while lifting a heavy patient, accidentally twisting her knee while trying to protect her back.

Expecting to be back in the Ward after a short treatment, she was confronted by...

WorkSafe now continues to pay superannuation to injured workers

(that is, as long as your workplace injury was after 5 April 2011)

It has long been a source of frustration, if not anger, among injured workers that, having suffered the pain of a workplace injury, which can often end their jobs, they then incurred the indignity of having their Super suspended forever, with little prospect of adding to their retirement money.

One of the welcome, if often overlooked, changes made to compensation law last year now requires WorkSafe to continue paying superannuation to injured workers.

Under changes made to the Accident Compensation Act, WorkSafe will...