Ensuring sustainability and fairness in the Queensland workers compensation scheme

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1 Ensuring sustainability and fairness in the Queensland wrkers cmpensatin scheme Respnse t discussin paper prepared by the Australian Industry Grup March 2010

2 Intrductin Ai Grup welcmes the pprtunity t cmment n the discussin paper The Queensland Wrkers Cmpensatin Scheme: Ensuring Sustainability and Fairness. Ai Grup is ne f Australia s leading industry assciatins. Our member businesses emply arund 750,000 staff natinally in an expanding range f industry sectrs including: manufacturing; engineering; cnstructin; autmtive; fd and beverage; transprt; infrmatin technlgy; telecmmunicatins; call centres; labur hire; printing; defence; mining equipment and supplies; airlines; and ther related service industries. Our members have a strng interest in a fair and financially viable WrkCver scheme that prperly cmpensates wrkers injured in the curse f their emplyment. It shuld be nted that ur cmments belw relate t the current cntext and issues facing the Queensland wrkers cmpensatin scheme and may nt be directly applicable t the peratin f schemes in ther states, r refrms that may take place at a natinal level in the future. General Cmments Recent feedback frm Ai Grup members indicates strng cncerns abut the wrkers cmpensatin system in Queensland. Whilst cmpanies are appreciative f the cmpetitive premium rates cmpared with ther jurisdictins, there are a range f activities and practices within the current wrkers cmpensatin system that causes them immense frustratin, cst and time. Many emplyers are frustrated by what they believe are severe injustices in the system which are highlighted t them via their respective experiences with cases in which they are directly invlved. There are many examples f emplyers trying t d the right thing but hampered by what they believe are clear abuses f the system r just plain pprtunism n the part f sme emplyees and their representatives. In develping this submissin, many members f Ai Grup prvided examples f where they believe the system has failed. The mst cmmn cmplaints are that they believe that WrkCver had nt adequately scrutinised the bna fides f a claim befre it was accepted r where they, as emplyers, were nt given a reasnable r prper pprtunity (including with regard t a very limited timeframe in which t respnd t WrkCver) t prvide feedback r input in relatin t either the initial claim determinatin r the cmmn law settlement prcess. This anecdtal feedback is cnfirmed in a recent natin-wide survey f ver 600 Ai Grup members in March In the survey, cmpanies were asked abut their satisfactin levels with the State Wrkers Cmpensatin scheme perating in their state. As indicated in the table belw, almst 6-in-10 emplyers in Queensland expressed dissatisfactin with the state s scheme, with 28% very dissatisfied and 31% mderately dissatisfied. Significantly, this represents a large increase in dissatisfactin levels since March 2009 when a similar survey was undertaken, and is a higher dissatisfactin rate than the natinal rate. 1 Survey undertaken in Queensland, New Suth Wales, Victria and Suth Australia. Ensuring sustainability and fairness in the Queensland Wrkers Cmpensatin Scheme: Respnse t discussin paper prepared by Ai Grup (March 2010) 2

3 Can yu rate yur satisfactin with the state wrkers cmpensatin scheme? QLD (2010) QLD (2009) AUST (2010) AUST (2009) Very Dissatisfied Mderately Dissatisfied Ttal dissatisfied Neither Nt used in last 12 mnths Mderately Satisfied Very Satisfied Ttal satisfied Grand Ttal Surce: Ai Grup State Industry Survey (March 2010) In view f this, Ai Grup members have clearly expressed a view that a much brader examinatin f wrkers cmpensatin prcesses need t be undertaken t ensure that the system wrks better fr emplyers and injured wrkers. Whilst Ai Grup members strngly supprt the prpsed intrductin f a 15% WPI Cmmn Law Threshld in line with that prpsed by the WrkCver Bard (and similar t that in place in ther jurisdictins), they have als urged that a brader examinatin f sme aspects f the claim determinatin prcess (within the statutry and cmmn-law scheme) be undertaken t ensure a tighter scrutiny f claims be undertaken by WrkCver. Cmments n specific prpsals Statutry scheme recmmendatins The discussin paper includes a range f prpsals frm the Wrkcver Bard in relatin t the statutry scheme, including: Increasing the maximum lump sum t $300,000 frm $244,710 Bringing frward step dwn in benefits frm 26 weeks t 13 weeks with crrespnding increase in rate Additinal return t wrk initiatives In principle, Ai Grup strngly supprts measures t supprt return t wrk initiatives. We are cmfrtable with an increase in the maximum lump sum, and the bringing frward f the step dwn in benefits which shuld aim t encurage a quicker rehabilitatin and return t wrk. On additinal return-t-wrk initiatives, we strngly supprt mechanisms fcusing n wrkers wh are at risk f nt being able t return t their previus emplyment r ccupatin t be reskilled r retrained fr new wrk. Feedback frm many f Ai Grup s members suggests that whilst many emplyers wuld welcme the return f the injured wrker t their riginal place f emplyment, in many cases this is simply impractical and unsafe fr many jbs and many places f emplyment particularly with regard t the heightened risk f further aggravatin f an injury. We are als supprtive f the prpsal fr emplyer incentives t emply wrkers where the wrker is unable t either return t the wrker s previus jb r duties. As enunciated abve, Ai Grup members als believe that mre rigrus prcesses shuld be put in place within WrkCver t ensure tighter scrutiny f statutry claims. Ensuring sustainability and fairness in the Queensland Wrkers Cmpensatin Scheme: Respnse t discussin paper prepared by Ai Grup (March 2010) 3

4 In summary, Ai Grup: Supprts the expansin f return t wrk initiatives Is cmfrtable with an increase in the maximum lump sum payable t $300,000, as lng as it is accmpanied by ther refrms Urges imprvements t the statutry scheme that wuld encurage greater scrutiny f claims by WrkCver Cmmn law recmmendatins Ai Grup strngly supprts the intrductin f the cmmn law threshld, and believes this threshld shuld be 15% Whle Persn Impairment (WPI). Ai Grup als believes that cnfidence in the State s wrkers cmpensatin scheme has increasingly been undermined and cmprmised in recent times by the fact that many WrkCver claimants are f the view that they have a better cmpensatin prspect via the cmmn law prcess than via the statutry cmpensatin scheme. This prspect is als enhanced by easy access t n win and n fee arrangements being ffered by sme legal firms. As many cmmn law matters are als settled by WrkCver at the early cmpulsry cnference stage, it als appears that few claimants and their legal representatives are ever actually expsed t the rigrus scrutiny f the curt system. Certain recent decisins f the curts have als nt prvided much cmfrt t emplyers with regard t their interpretatin State legislatin, s in all the circumstances Queensland emplyers have been put unfairly n the back ft with regard t wrkers cmpensatin fr sme time. As the discussin paper ntes cmmn law claims have increased dramatically since 2003 and are prjected t cntinue t increase. Fr example frm t cmmn law claims have been prjected by WrkCver s actuary t grw at an average cmpunded annual grwth rate f 14.5%. As a result f this prjectin cmmn law claims payments are estimated t accunt fr 64% f all claims csts by This is frm 41% in In the manufacturing sectr alne the number f claims taken t cmmn law has increased by 50 per cent in the past six years. Last year cmmn law claims were less than 5 per cent f the ttal number f all claims yet accunted fr just ver 40 per cent f the cst f running the Scheme. Accrdingly, Ai Grup believes that amng ther refrms, limits need t be put in place as t wh may access the cmmn law prcess and wh may nt. It is nt cntested that a seriusly injured emplyee shuld be able t access cmpensatin via cmmn law which is apprpriate t their injury and the level f disability created by this injury. Ai Grup s view is that an injured wrker wh is assessed as having a 15 per cent r greater impairment shuld be able t take their claim n t cmmn law claim if they s elect. Further, and in relatin t the abve Ai Grup acknwledges but des nt make any submissin with regard t the current situatin under the Scheme whereby it is a pre-cnditin t access t cmmn law that an injured wrker with a less than 20 per cent assessment must have rejected any statutry cmpensatin ffer. This is a ptential issue which will have t be further explred in due curse with all stakehlders. Ensuring sustainability and fairness in the Queensland Wrkers Cmpensatin Scheme: Respnse t discussin paper prepared by Ai Grup (March 2010) 4

5 Ai Grup ntes hwever that in general terms this prpsed refrm is cnsistent with that adpted by all ther States and Territries. Queensland is the nly state in Australia where (apart frm the abvestated pre-cnditin) there are n limits in relatin t cmmn law access where there is n threshld test. New Suth Wales made the change after a review in 2001 which riginally argued fr a 20 per cent r greater impairment threshld. They settled n 15 per cent. The same applies in Western Australia. Victria and Tasmania have a 30 per cent threshld. In Suth Australia they restrict access altgether. Ai Grup submits that restricting cmmn law claims will help ensure the nging viability f the Scheme. Injured wrkers will still be cmpensated via the statutry prcess. It als means that the cst f administering the Scheme will be reduced significantly. In setting a threshld level fr access t cmmn law the State Gvernment will nt nly take pressure ff the Scheme but als ff the cst f running a business in Queensland which will inevitably ccur if there is any increase in wrkers cmpensatin premiums. On balance, Ai Grup als supprts extending cmmn law cverage t hst emplyers and principal cntractrs wh have a WrkCver plicy. This wuld allw greater indemnity prtectin fr such emplyers, and address any reluctance by public liability insurers t prvide insurance cverage. Hwever, this supprt is cntingent n a 15% WPI threshld being intrduced fr Cmmn Law access. Further, Ai Grup is f the view that there needs t be greater harmnisatin with the Civil Liability Act Hwever in this regard it wuld be imprtant t mirrr cmmn law threshlds that may be intrduced via wrkers cmpensatin t thse in the Persnal Injuries Prceedings Act 2002 t prevent any spillage frm the wrkers cmpensatin scheme t the civil damages scheme. In relatin t ther prpsals cntained in the discussin paper Ai Grup submits as fllws: Ai Grup des nt believe that increasing the emplyer excess will have a significant impact by way f creating an incentive fr emplyers t prevent wrkplace injury. Ai Grup als supprts mving t a WPI methdlgy in terms f calculating impairment fr bth cmmn law and statutry claims. (Queensland is the nly jurisdictin that measures impairment using Wrk Related Impairment methdlgy (WRI), and the adptin f WPI within Queensland wuld result in greater natinal cnsistency). Shrt tail versus lng tail schemes It is pinted ut in the discussin paper (page 12) that the Queensland (and Tasmanian) shrt tail wrkers cmpensatin differs frm ther States lng tail schemes apparently t the effect f making it difficult t cmpare relative differences between schemes (such as a cmmn law threshld). Hwever, despite the legislated differences between shrt and lng tailed schemes the practical experience exhibited by the different schemes shws strng similarities in verall pattern. This is indicated belw. Ensuring sustainability and fairness in the Queensland Wrkers Cmpensatin Scheme: Respnse t discussin paper prepared by Ai Grup (March 2010) 5

6 Fr instance mst states have 10% r less f serius claims at 52 weeks r mre. Similarly there are bradly similarly prprtins (mainly between 10%-20%) fr serius claims f 26 weeks r mre. This is likely due t the fact that lng tailed schemes put in place varius measures t limit cmpensatin perids. Surce: Wrkplace Relatins Ministers Cuncil Cmparative Perfrmance Mnitring Reprt 11 th editin December 2009 In summary, Ai Grup: Supprts the intrductin f a cmmn law threshld f 15% Whle Persn Impairment within the Queensland Wrkers Cmpensatin Scheme. On balance, supprts the extensin f cmmn law cverage t hst emplyers and principal cntractrs wh have a WrkCver plicy. This supprt is cntingent n a 15% WPI threshld being intrduced fr Cmmn Law access. It wuld als be imprtant t mirrr cmmn law threshlds that may be brught in with the wrkers cmpensatin t thse within the Persnal Injuries Prceedings Act 2002 t prevent any spillage frm the wrkers cmpensatin scheme t the civil damages scheme. Supprts mving t a WPI methdlgy f calculating impairment fr bth cmmn law and statutry claims t result in greater natinal cnsistency. Ensuring sustainability and fairness in the Queensland Wrkers Cmpensatin Scheme: Respnse t discussin paper prepared by Ai Grup (March 2010) 6

7 Premiums Ai Grup recgnises the cmpetitive psitin f premiums fr Queensland emplyers perating thrugh the WrkCver system. Hwever, Ai Grup ppses any increase in premiums. Increases in premiums will create a cst burden fr the 150,000 emplyers acrss the state with a wrkers cmpensatin insurance plicy thrugh WrkCver. These emplyers range in size, sectr and scpe frm the small cmmunity rganisatin running n limited funding, t businesses trying t recver frm the recent turbulence f the glbal financial crisis, and attempting t cpe with increases in business csts n ther frnts such as energy csts, wage increases and interest rate increases. Recent Ai Grup research 2 indicates that whilst business grwth is ging t be reasnably slid ver the year ahead, the recvery is uneven and the rebund will nt be as sharp as that which ccurred fllwing previus dwnturns. Despite the strnger sales and emplyment expectatins, investment trends acrss these sectrs remain sft and cnservative. This research als indicates that: An imprvement in activity is expected in 2010 acrss the manufacturing, cnstructin and services sectrs, althugh it is likely t be strnger in the services and manufacturing sectrs than the cnstructin sectr. The fading f Gvernment stimulus and rising interest rates will particularly impact n the cnstructin industry. Emplyment will imprve mdestly. Building n gains late in 2009, the manufacturing sectr expects a 2.9% lift, in the services sectr emplyment is anticipated t rise by 2.3% while the cnstructin industry is expecting nly a slight imprvement f 0.5%. Emplyers acrss the sectrs are cncerned abut a pssible re-emergence f skills shrtages as the ecnmy returns t grwth and hw this will impact n emplyment and wages. The higher exchange rate will cntinue t cap exprts in The services sectr is expecting the biggest lift, 8.2%, bringing ttal exprts in 2010 t arund $57.7 billin. The vast majrity f emplyers wh have either nt experienced a statutry r cmmn law claim r have nly minimal experience in this regard will als particularly feel aggrieved by any increase in premiums. Fr many emplyers significant increases will als have a negative impact n their ability t simply run their businesses effectively including by way f investing mre in their business r by way f emplying mre wrkers. Queensland has held an enviable psitin cmpared t ther states in relatin t the average rate f wrkers cmpensatin premiums, and it wuld be very disappinting if Queensland was t frfeit any f its current advantage. Similarly, an increase in premiums will add t increased business csts, and will cme at a time when many businesses are still recvering frm the dwnturn. If premiums are t be increased, Ai Grup wuld supprt the gradual intrductin f premium increases ver a lnger time perid s that businesses can absrb the cst increases in a mre gradual manner. 2 Australian Industry Grup/Delitte Industry in Recvery Mde in 2010 Ensuring sustainability and fairness in the Queensland Wrkers Cmpensatin Scheme: Respnse t discussin paper prepared by Ai Grup (March 2010) 7

8 In summary, Ai Grup: Oppses an increase in wrkers cmpensatin premiums. Hwever, shuld an increase be intrduced, then Ai Grup wuld urge that it be phased in t allw emplyers t absrb the cst increase in a gradual manner Cnclusin In summary, Ai Grup welcmes the pprtunity t cmment n the discussin paper n the Queensland Wrkers Cmpensatin Scheme. Recent feedback frm Ai Grup members indicates strng cncerns and disquiet abut the system in Queensland. Whilst cmpanies are appreciative f the cmpetitive premium rates cmpared with ther jurisdictins, there many aspects f the current wrkers cmpensatin system that causes them immense frustratin, cst and time. The Queensland Gvernment needs t act with urgency t ensure the scheme remains viable in the lng term. It can d this withut adding the impst f ding business in Queensland nr affecting the fairness f the scheme. Mst imprtantly, Ai Grup strngly supprts the intrductin f the 15% WPI Cmmn Law Threshld in the Queensland wrkers cmpensatin scheme. Intrducing such a threshld will nt prevent injured wrkers frm receiving fair cmpensatin fr wrk-related injuries, and at the same time will relieve significant financial pressure n the Scheme. A Cmmn Law threshld is als in place in all ther states. Ai Grup als ppses prpsed increases in WrkCver premiums. Queensland has held an enviable psitin cmpared t ther states in relatin t the average rate f wrkers cmpensatin premiums, and it wuld be very disappinting if Queensland was t frfeit any f its current advantage, particularly in the current ecnmic envirnment. Shuld an increase be intrduced, then Ai Grup wuld urge that it be dne in a phased-in manner t allw emplyers t absrb the cst increase gradually. In relatin t ther prpsals utlined in the paper, Ai Grup: Supprts the expansin f return t wrk initiatives Is cmfrtable with an increase in the maximum lump sum payable t $300,000, as lng as it is accmpanied by ther refrms Urges imprvements t the statutry scheme that wuld encurage mre rigrus scrutiny f claims by WrkCver. On balance, supprts extending cmmn law cverage t hst emplyers and principal cntractrs wh have a WrkCver plicy. This supprt is cntingent n a 15% WPI threshld being intrduced fr Cmmn Law access. It wuld als be imprtant t mirrr cmmn law threshlds that may be brught in with the wrkers cmpensatin t thse within the Persnal Injuries Prceedings Act 2002 t prevent any spillage frm the wrkers cmpensatin scheme t the civil damages scheme Mving t a WPI methdlgy f calculating impairment fr bth cmmn law and statutry claims t result in greater natinal cnsistency Ensuring sustainability and fairness in the Queensland Wrkers Cmpensatin Scheme: Respnse t discussin paper prepared by Ai Grup (March 2010) 8

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