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System Failing Many: Claim
Illawarra Mercury
Monday May 14, 2007
WOLLONGONG solicitor Samantha Schier says there is a growing realisation the State Government had gone too far with its changes to personal injury legislation.
She said lawyers were now seeing more people like Glen Webster who were traumatised by a system which fails to take into account the full extent of their injuries."The quandary is: do victims stay on limited but ongoing rights to compensation, or do they try their luck in court for a larger payout for loss of wages and lose the cost of ongoing medical expenses?" Ms Schier said."Either way they can come away with inadequate finances to see them through life."She said she was often "embarrassed" when advising clients who are injured at work through no fault of their own about their entitlements.Changes to the workers compensation legislation came into effect in 2001 as a means of controlling rorting of the system and rising insurance costs.The legislation covers people injured at work but there have also been similar changes to legislation which covers people injured elsewhere.The Law Society of NSW, which has been vocal in its opposition to the changes, argues the new claim thresholds are too restrictive and that there is too much inconsistency in terms of different laws for different places of injury.Together with the the Bar Association, the Law Council and Lawyers Alliance, it is fighting for a fairer system which recognises the physical and emotional impact on victims.Their campaign suggests insurance companies are now making a bonanza and it is reflected in their profit margins."The bottom line is that people affected by these changes feel screwed," Ms Schier said.
© 2007 Illawarra Mercury
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