Labor demand injured workers live below the poverty line.
So, you are injured at work. The first thing you think is "the Victorian government are here to support me through this". Unfortunately, the reality of the situation is the complete opposite, especially in Victoria. The Labor brainchild, the Victorian Workcover Authority, do everything in their power to keep injured workers from receiving any compensation money. They drag out the process for years. 7-years from application to payment is not uncommon. Then Labor and the Victorian Workcover Authority expect injured workers to come up with hundreds of thousands of dollars to see the matter to court. The situation is outrageous, and currently, nobody cares.
Imagine filing a Workcover claim that is accepted by Workcover from the outset. Workcover are in agreement that you have been injured at work. However, receiving compensation for the injury is an almost impossible task, riddled with roadblocks and a financial requirement that would break the back of most people, let alone those suffering from an injury that wasn't their own fault.
When it comes time for the courts to decide on the outcome, Labor and the Victorian Workcover Authority hire 2 barristers, each dedicated to delivering you the least amount of money possible. They have a Senior Silk which would cost the Labor government approximately $10k per day, along with a junior barrister earning around $6k in taxpayers money per day. A matter can run for 3 weeks. That's $240k the Labor government invest in NOT paying you any Workcover compensation entitlements.
You can hire a "no win no fee" lawyer. That's your solicitor. They charge top dollar, by the hour and the final bill comes out of your settlement. Some of them are rip offs and take most of the settlement money, if not all of it. Some, like Zaparas, cap their fees at a percentage of your settlement, around 20% I believe.
The problem is Barrister fees sit outside any "no win no fee" agreement. They are referred to as "costs" and are billed to you no matter what. To match the Labor Party and Victorian Workcover Authority effort not to pay you any money, you must also hire a Senior Silk and a junior barrister. Sounds ok, not when they charge similar amounts as the government hired assassins do.
You, the injured worker are up for $16k per day. A 3-week trial means a $240k bill. You may not have to pay it upfront, however, win or lose, a bill is eminent.
You lose against the top barristers hired by the government, you might get out of your solicitor fees because of the "no win, no fee" agreement, but you are stuck with a bill for $240k for Barristers. You also have to pay for the additional out of pockets like doctor's reports, even for the number of pages printed out by your law firm as they charge per page printed. They capture everything and add an additional $40k - $50k to your $240k cost bill.
Looking at expenses of around $300k Labour are basically threatening injured workers with bankruptcy should they not accept the deal The Victorian Workcover Authority Senior Silk puts on the table.
Who has the upper hand? Certainly not the injured worker. Is this kind of pressure legal? Maybe. Ethical? No. Should the Victorian Workcover Authority and the Victorian Labor Government be doing better by injured workers? I think so. Don't you?
So, with the pressure of bankruptcy, during the course of the trial the Victorian Workcover Authority will make offers to settle. They are completely upfront, letting you know that the offers exclude you from Centrelink/ disability payments for a duration of time, which is calculated, based on the sum of money you receive.
No consideration is given to the solicitor fees that will be deducted from the lump sum. So, they work out that, for example, $100,000 should last you 4 years and set 4 years as the time limit cut off for government support. They don't factor in that you owe Zaparas 20% of this money. You are left with $80k. That's $20k per year for 4 years, leaving you and your family living life significant below the poverty line, with no way out.
The pressure in the decision making for an average person is exuberant. Do I risk being stuck with a $290k bill, going bankrupt and losing my house, or do I accept the life below the poverty line for 4 years? The Victorian Workcover Authority and Victorian Labour Government consider this scenario completely appropriate and none of the mainstream parties have any position to mend the broken Workcover system.
The Premier has been notified of this issue, in writing on 2 separate occasions, yet the Premier ignored the correspondence. Labor don't care about the working class, it's all smoke and mirrors.
Glenn Hall is a former advertising executive turned freelance communications consultant. Glenn has a fresh perspective on topical issues and a unique way of viewing the world. With diverse interests, no topic is out of reach and Glenn will be sure to challenge your thinking.
Comments