Legislation to resolve workers' compensation disputes faster and more fairly was introduced in State Parliament today.
Productivity and Labour Relations Minister Yvonne Henderson introduced the Workers' Compensation and Rehabilitation Amendment Bill, which will speed up the workers' compensation process.
The legislation introduces a monitoring system of the progress of cases so that those which will be protracted can be identified early and given special attention.
Under the Bill, insurers will no longer be able to deny liability or fail to decide a claim in time without specifying the reasons.
It introduces fines for employers who do not forward compensation payments to the injured worker as soon as practicable after they receive them from the insurer.
It allows workers to pursue their claim directly against the insurer if the company has ceased business or has started to be wound up.
If injured workers' medical and other expenses exceed the statutory limit, the legislation gives them the right to apply for more entitlement, up to $50,000.
The amendments ensure that workers are not denied compensation because of an insurance omission by the employer, enabling them in such a case to seek compensation from the Workers' Compensation and Rehabilitation General Fund.
The legislation also increases the resources of the Workers' Compensation Board and gives it more independence from the Workers' Compensation and Rehabilitation Commission, the agency which administers the system.
It increases the powers and role of the board registrars and enables the board to refer injured workers to a medical panel where there is a dispute about the extent of injury.
It extends the term of the board's deputy chairman and nominee members from one year to five, to ensure continuity and encourage retention of people of a suitable calibre.
The Bill allows an employer to stop or reduce payments if the injured worker gets another paid job.
Mrs Henderson said the legislation was prompted by concern that the system was extremely complicated and legalistic, resulting in frustrating delays for injured workers and their employers, sometimes lasting for years.
She said the amendments to the legislation resulted from an inquiry by Mr Rob Guthrie, the Tripartite Labour Consultative Council and the widest possible consultation with all interest groups in the workers' compensation field.
