The SA Government proposals for workers compensation scheme reform were published on 24th January 2014. Click here to view the document.
The Government paper outlines the following:
- Seriously injured workers will be entitled to 100% income maintenance and lifetime care and support.
- Access to common law will be available subject to unspecified restrictions and limitations.
- The causation tests for claims (including psychological claims) will be strengthened.
- The distinction between injuries and secondary injuries will be removed.
- Unspecified strengthening of employer responsibilities to provide suitable employment, along with early intervention, employee obligations and the like.
- Income maintenance (IM) to be capped at 2 years from date of injury.
- Medical entitlements to cease 1 year after IM ceases.
- An unspecified ‘new approach’ to dispute resolution.
- Replacement of medical panels with Independent Medical Assessors within the jurisdiction of the Workers Compensation Tribunal (WCT).
The issue of greatest concern to SISA is the proposed re-introduction of common law, which would create significant risk and fundiung uncertainties to a scheme that is in need of greater certainty and less risk. Click here to read the SISA background paper on common law. Click here to read the case against re-introducing common law.
SISA is in discussion with other major business associations about the Government proposals. Click here to read the current SISA position.
It is likely that a new Act or a significantly revised current Act would commence in 2015.