«

»

Sep 27

Too old for compensation

A NARRABEEN grandfather injured while at work believes he has been “ripped off” because he cannot claim full injury benefits due to his age. 

The Manly Daily – Too old for compensation

On March 3, logistics worker John Clarke was injured when a set of stairs collapsed underneath him. Mr Clarke required surgery on his right knee and needed 10 days off work. Normally, an injured worker can claim medical expenses and compensation for lost wages through the WorkCover Authority of NSW.

But as Mr Clarke turned 65 on April 21 he is classed as being of retiring age. This meant he could not claim wages for surgery he needed in June following unsuccessful physiotherapy. He has also been told he will need a replacement knee in a few years, but compensation for medical expenses as a result of his accident will expire once he turns 66.

Instead, Mr Clarke had to use his sick leave to cover his time off. A younger worker in the same situation would have got the full entitlement, Mr Clarke said.

“I think it’s a rip-off. I’m still in full employment, paying the same amount of taxes,” he said.

He questioned talk from politicians about keeping people working later in life. “They won’t cover us for wages (if we’re injured). There’s no point in me staying in the workforce, risking injury and not being covered,” he said. “Hopefully they’ll change the law so the older worker is covered for injuries. “If they’re still paying taxes, why shouldn’t they be covered?”

Ian Day, chief executive of the Council on the Ageing peak body, said Mr Clarke’s situation was an example of impediments for older workers that needed removing.“These are the sorts of structural issues that are embedded in so much legislation that works contrary to the concept of people working longer,” he said.

A WorkCover NSW spokeswoman confirmed Mr Clarke was not eligible for wage compensation once he turned 65.“The WorkCover system is designed to be fair and affordable, to assist injured workers return to work . . . and ensure a financially sustainable scheme,” she said.

3 comments

  1. Complainers of the world make a difference

    Yes Bunny good point, the cost of premiums is lowered when they are claimed as a tax benefit. Does the employer pay workers comp premiums for older workers?

    I have never seen such a biased system. I feel really sorry for anyone injured at work as there is not one fair thing about the whole process and then you have to live with your injury and all the consequences of it, as well as being treated like a fraud by case managers who live and breathe “power play” making you the pawn in their game of life!!

    I felt so angry at the last support meeting to hear to story of a young girl who is being denied treatment for terrible life long injuries. That insurer ought to be held responsible for their bullying tactics and victimization of this poor young lady and her family who have given her to love and support she will never get from the insurer!!!

    Old or young everyone deserves respect and the right to a safe workplace and when we are injured the dignity of being treated as a valuable human being is what is required.

  2. Bunny

    I left out the word “ask’. I would also like to add that Workers Compensation premiums are tax deductable for businesses, sort of puts a different spin on it doesn’t it. Workers seem to carry the whole burden of being injured

  3. Bunny

    Mr Clarke should consider suing for strict negligence. If the system tries to lock out people just because of their age, then it is time to use other avenues available to us and sue for us much as you can with punitive damages. It is only with actions like this that we can equalize what is inherently an unfair set up where bosses win and workers lose. I would also the Workcover spokeswoman, what happened to liability? The WC system was set up originally to get rid of workers suing bosses because of unsafe working situations, time for all of us to go back to what we had

Leave a Reply

Your email address will not be published. Required fields are marked *

Injured Workers Support Network Website Terms & Conditions

Injured Workers Support Network Website Terms & Conditions

Using the Injured Workers Support Network’s Website and Your Community forum (referred to as Your Community forum) is subject to the terms and conditions set out below.

  1. Registration

The Injured Workers Support Network (IWSN) does not require users to be registered to read the site. Your Community forum does require users to be registered and logged in to write to the site. Your Community forum may host special forums or sub-topics which require users to register separately and which may be private.

Registration for the Your Community forum must be in your legal name with a valid email address. You may choose a nickname to interact on our site (We would recommend doing this). This is to limit the opportunity for spam comments. The use of a non-valid email address will terminate your registration.

Each time you access the Your Community Forum all users are required to agree to the IWSN comments policy.

The IWSN may refuse registration of users whose suggested login names are considered inappropriate, impersonating another person or attempting to create multiple accounts for or on behalf of a suspended member.

You may terminate your account at any time by unsubscribing (where that option is available) or by contacting the IWSN at support@injuredworkerssupport.org.au . However your content may continue to be available online after termination.

The IWSN may suspend or block your account if you breach the Terms of Use.

  1. Moderation Guidelines

The IWSN Comments policy is accessible from the Your Story page and is reproduced below.

  1. Copyright

All copyright for material published on the site is retained by the authors. Internally generated content is the property of the Injured Workers Support Network, and are subject to copyright under Australian law and related international laws. Using the website’s contents for any purpose other than personal interest, public education is subject to approval by the IWSN.

Please make sure that any information you upload to the Your Community forum has copyright clearance prior to appearing on the site. The IWSN does not accept responsibility for copyright breaches of the material updated by users. However, the IWSN administrators will endeavour to ensure that any material, links and images uploaded to the site comply with the IWSN Copyright Notice, as set out above.

You may view, copy, print and distribute website material only for your personal use or non-commercial purposes. Copyright and other intellectual property notices as presented in the original material must be stated. Use of this site and the provision of services, such as membership, events and intellectual property exchange provided by the IWSN are subject to Australian law.

You cannot use or distribute material from this site for public or commercial purpose without permission from the IWSN.

Do not publish another person’s intellectual property without their written and express consent.

The intellectual property of all material published on this website remains with the author. Any material internally generated and published on this website may be reproduced only with the following acknowledgment:

“Originally authored by (insert name of author) and published on IWSN (embed hyperlink to) here (embed hyperlink to corresponding page of www.injuredworkerssupport.org.au) on (insert date published on www.injuredworkerssupport.org.au)”.

  1. Privacy

The IWSN takes the confidentiality of our members seriously. However, we accept that comments left on our page by you identifies that you want them to be publically posted. Therefore, confidentiality of the information posted in comments is primarily your responsibility. If you wish to keep your information or comment private, please use the email help@injuredworkerssupport.org.au rather than the comments or forum section.

Your Community Forum provides the opportunity to make your reply private. This will be seen by the originator and IWSN moderators only.

Any personal details and data acquired by the IWSN from your participation in the Your Community forum will not be supplied or provided to any third party. The IWSN reserves the right to use your information for the direct promotion of our service and donation requests to you.

  1. Legal Disclaimer

The IWSN does not hold itself out to be a solicitor or a doctor. Any advice we, or our contributors, may provide is general in nature and
The comments published on the Your Community forum represent a wide range of views and interests of the participating individuals and organisations. Statements made during online discussions are the personal opinions of the commentators and do not necessarily reflect those of the Injured Workers Support Network or any of our sponsors.
 
The IWSN at all times and at its absolute discretion, reserves the right to remove any comment, topic or reply that does not meet our Comments policy

For more information, please contact us at support@injuredworkerssupport.org.au

  1. Contributing Content

The IWSN invites any member to contribute content through our website for publication.

You are responsible for all content you contribute to the IWSN website, including text, photos, videos, audio and links (Your Content).

By contributing content to the IWSN, you grant the IWSN a royalty-free, non-exclusive licence to use Your Content in any way that we want and in any medium worldwide. This may include the use of your articles, comments, photos or videos. You retain copyright and any other rights you hold in Your Content and can continue to share and commercialise Your Content as you wish.

You confirm you own or have the right to use any copyright material included in Your Content (including, writing, music, photos, quotes and excerpts of audio or video), that you have permission of anyone appearing or performing in Your Content and that you are not infringing any person’s rights by submitting the content to the IWSN. You also confirm you have, where appropriate, sought the consent of the parent or guardian of any person under the age of 18 who is featured in Your Content.

Please ensure you keep your own copies of Your Content as the IWSN may not archive, store or back-up Your Content nor continue to make Your Content accessible online.

The IWSN will endeavour to provide you with an appropriate credit when using Your Content on IWSN platforms, though you understand and agree this may not always be possible.

The IWSN agrees to hide your identity unless specifically authorised by you to reveal it. The IWSN further agrees to remove any of

 

Injured Workers Support Network Comments policy:

We encourage members and supporters to contribute to the conversation on our website, Twitter and Facebook pages. We take our responsibilities seriously and strive to ensure comments are civil and relevant.

All comments are pre-moderated by IWSN staff before being published. It is IWSN policy not to edit comments. We may refer your comment back to you prior to posting, or contact you for clarification but in general we will only to accept or refuse them.

Confidentiality:

The Injured Workers Support Network takes the confidentiality of our members seriously. However, we accept that comments left on our page by you identifies that you want them to be publically posted. Therefore, confidentiality of the information posted in comments is primarily your responsibility. If you wish to keep your information or comment private, please use the email help@injuredworkerssupport.org.au rather than the comments section.

Guidelines:

We and our members feel strongly about the issues being highlighted, however any comments that can be reasonably considered offensive, threatening or obscene will not be allowed.

Do not post material that may incite violence or hatred. We will not tolerate comments that humiliate others based on race, religion, ethnicity, gender, age, mental or physical disability, or sexual orientation.

Gratuitous abuse – be it of the author, subjects of the story or other commentators – will not be accepted.

Any comments that are legally questionable, may be withheld until the IWSN seeks advice prior to posting.

Please keep your comments relevant to the discussion at hand. Comments that stray too far off topic, are largely repetitive or do not add anything to the debate will not be posted.

Swear words are out.

People who SHOUT, i.e. WRITE ALL IN CAPS, or use leetspeak will not be allowed.

Do not use the comments section for commercial purposes or spam. Comments that advertise, promote or solicit any goods or services will not be accepted.

Please limit the use of links in comments. Comments containing links to unrelated or unsuitable material will not be published. The IWSN has an internal policy as to what is promoted on our Website and Facebook page and this policy will be followed with regards to any links you may post.

Comments must be in English so readers can follow the debate.

Do not impersonate others in the comments section, or post personal details (yours or others) – phone numbers, postal or email addresses – that could inadvertently put someone in danger.

Only submit your comment once. Comments do not appear instantly. Submitting multiple versions of the same comment will only slow down the process.

If you wish to report a comment that has been published and you feel is inappropriate, please contact support@injuredworkerssupport.org.au


You may use these HTML tags and attributes: <a href="" title=""> <abbr title=""> <acronym title=""> <b> <blockquote cite=""> <cite> <code> <del datetime=""> <em> <i> <q cite=""> <strike> <strong>