Friday, 6 May 2016
Law Society calls for less paternalism in catastophic injury treatment
The President of the ACT Law Society, Martin Hockridge, today urged the ACT Government to reconsider its position in relation to catastrophically injured workers and to ensure injured workers retain choice in determining their own treatment needs.
Mr Hockridge was speaking in relation to the Lifetime Care and Support (Catastrophic Injuries) Amendment Bill 2016 which passed through the Legislative Assembly yesterday.
“The effect of the legislation passed today is that catastrophically injured workers will be forced into the Lifetime Care and Support Scheme when nominated by their employer’s workers compensation insurer or their employer (if the employer is self-insured),” said Mr Hockridge.
“The injured person’s consent is not required if they meet the eligibility requirements for the scheme and are nominated by a third party. There is not an effective ‘opt out’ option for the injured worker.
“The Society is concerned that an insurer or employer may seek to nominate an injured person who meets the eligibility criteria and effectively eliminate their own liability to directly pay for future treatment and care expenses.
“The Society believes that it is fair and reasonable that injured workers be given a voice in the determination of their future care needs. The Government seems to think that injured people cannot manage their finances and treatment needs as well as a government bureaucracy can. There is no evidence for this paternalistic view.
“The Society is of the view that the opposite is true. There are clear benefits to the long term wellbeing of injured workers in allowing them to manage their own lump sum payments and to determine what treatment and support resources they require.”
For further information contact:
Mr Martin Hockridge, President, ACT Law Society, M 0405 064 541
