RELEASE DATE 31/08/2007
Injured workers who missed out on workers compensation payments because of complex and inconsistent cross-border laws will have the opportunity to apply for special payments.
The State Government passed amendments to the Workers Rehabilitation and Compensation Act 1986 in 2006 to fix the gaps and inconsistencies in workers compensation coverage. All States and Territories have brought in nationally-consistent legislation which ensures that every worker is covered by one scheme and one scheme only.
“There have been some tragic circumstances where seriously injured workers, and/or families, have been unable to access workers compensation payments because of the former legislation,” said WorkCover CEO Julia Davison.
“In South Australia, people who were denied compensation under past laws now have the opportunity to make a claim.
“WorkCover has, over the past few months, developed a fair and balanced application system for those wishing to make a claim.
“Those who have slipped through the system will have the opportunity to apply for two forms of payments,” Ms Davison said.
The two forms of payments are:
(1) Limited ‘retrospective’ (backward-looking) payments will be available to those who made a claim for compensation and were rejected on cross-border grounds at the time
(2) ‘ex gratia’ payments may be available to those who made unsuccessful claims (due to cross-border laws) and to those who have not made claims because of those laws. These payments are available to workers who have experienced substantial hardship due to the non-availability of compensation.
“Applicants will have six months to apply for each form of payment, starting from
13 September 2007. I encourage all those who feel they have a legitimate claim to come forward,” said Ms Davison.
Potential applicants can contact WorkCover on 13 18 55 or visit territorial regulations for further information.
Media contact: Lauren Kandelaars, WorkCover SA – (08) 8238 5733 or 0408 827 676