The Legal Light Justin Stack How to improve amendments to Workers Compensation Bill A Bill before the NSW parliament would significantly change workers' compensation laws, in particular the way psychological injury in the workplace is assessed and dealt with by authorities. The original Worker's Compensation Exposure Draft included provisions requiring people who experience sexual harassment, bullying or racial vilification in the workplace to prove it to the Industrial Relations Commission (IRC) before claiming compensation. When introduced to parliament, the Bill increased the psychological impairment threshold needed to access lump sum payments from 20 to 30 per cent, and cut off benefits for psychological injuries after two and a half years. The government said the move was necessary, as workers compensation claims for psychological injury had doubled in six years and the compensation scheme cost was unsustainable. Businesses welcomed the move, but unionists, medical experts and many MPs were outraged. Some predicted more suicides. The higher threshold would make it almost impossible to make a claim for workplace psychological injury. The government abandoned plans to force workers to the IRC, but refused to lower the threshold. An amended Bill allowed vicarious trauma and excessive work demands as relevant events. The amended Bill was sent to a parliamentary committee for assessment and it invited submissions. Krystal Parisis, a solicitor and Accredited Specialist in Personal Injury Law at Stacks Law Firm, has sent a 22-page submission to the committee, offering several ways to improve the legislation. "For instance, the Bill allows for sexual harassment as a relevant event, but does not consider discrimination on the basis of age, gender, sexual orientation or disability." Ms Parisis said the proposed 31 per cent impairment would exclude nearly all workers from making an impairment claim, unless they were so unwell that they would be unable to function in society at all. "The amended Bill introduces a 'principal assessment' - its application is vague and unclear. It does not allow for injured workers to obtain medical evidence about their claims, allows impairment claims to be decided by a regulator, rather than an independent Commission, and has no rights to appeal. It does not allow a further impairment assessment unless the person's condition worsens by more than 10 per cent, which is a high bar," Ms Parisis said. Ms Parisis called for an independent review of the operational cost of the scheme and effectiveness of scheme agents, case managers and their methods, prior to making the decision to remove workers compensation entitlements from injured people. STACKS LAW FIRM Tim Stack Commercial Lawyer 02 6592 6592 taree.stacklaw.com.au Partners in life The Legal Light Justin Stack How to improve amendments to Workers Compensation Bill A Bill before the NSW parliament would significantly change workers ' compensation laws , in particular the way psychological injury in the workplace is assessed and dealt with by authorities . The original Worker's Compensation Exposure Draft included provisions requiring people who experience sexual harassment , bullying or racial vilification in the workplace to prove it to the Industrial Relations Commission ( IRC ) before claiming compensation . When introduced to parliament , the Bill increased the psychological impairment threshold needed to access lump sum payments from 20 to 30 per cent , and cut off benefits for psychological injuries after two and a half years . The government said the move was necessary , as workers compensation claims for psychological injury had doubled in six years and the compensation scheme cost was unsustainable . Businesses welcomed the move , but unionists , medical experts and many MPs were outraged . Some predicted more suicides . The higher threshold would make it almost impossible to make a claim for workplace psychological injury . The government abandoned plans to force workers to the IRC , but refused to lower the threshold . An amended Bill allowed vicarious trauma and excessive work demands as relevant events . The amended Bill was sent to a parliamentary committee for assessment and it invited submissions . Krystal Parisis , a solicitor and Accredited Specialist in Personal Injury Law at Stacks Law Firm , has sent a 22 - page submission to the committee , offering several ways to improve the legislation . " For instance , the Bill allows for sexual harassment as a relevant event , but does not consider discrimination on the basis of age , gender , sexual orientation or disability . " Ms Parisis said the proposed 31 per cent impairment would exclude nearly all workers from making an impairment claim , unless they were so unwell that they would be unable to function in society at all . " The amended Bill introduces a ' principal assessment ' - its application is vague and unclear . It does not allow for injured workers to obtain medical evidence about their claims , allows impairment claims to be decided by a regulator , rather than an independent Commission , and has no rights to appeal . It does not allow a further impairment assessment unless the person's condition worsens by more than 10 per cent , which is a high bar , " Ms Parisis said . Ms Parisis called for an independent review of the operational cost of the scheme and effectiveness of scheme agents , case managers and their methods , prior to making the decision to remove workers compensation entitlements from injured people . STACKS LAW FIRM Tim Stack Commercial Lawyer 02 6592 6592 taree.stacklaw.com.au Partners in life