It's only fair

Greens bill to overhaul injury compensation laws

Greens MP and Upper House candidate Lee Rhiannon will move a private members bill in the next NSW Parliament to establish a simple, consistent system that allows all injured people to recover damages for fault based injuries irrespective of where they occur.

Ms Rhiannon committed to move this bill as part of the Greens support for the Fair Go For Injured People campaign, which was launched in Newcastle before Christmas.

"NSW injury compensation laws need to be overhauled. It is disappointing that the Labor government has failed to do the right thing for injured people," Ms Rhiannon said.

"Harsh reforms brought in by the Carr / Iemma government have gutted personal injury laws in NSW. Injured people have to struggle with a system that is arbitrary, inaccessible, complicated and unfair.

"Research by the Law Society shows that the number of injured people eligible for fair compensation under the Civil Liability Act has dropped by 64 per cent in NSW and the costs of caring for injured people have shifted from the insurers to Medicare, with a $12 million increase in NSW Medicare costs since the law was changed.

"The current system leaves injured people to fend for themselves while the profits of insurance companies soar.

"Minister John Della Bosca made a bad mistake when he rejected the unanimous recommendations of NSW Upper House Committee for a complete overhaul of personal injury compensation.

"The Greens are ready to work with Labor to reform the laws so injured workers get a fair deal. We expect the Coalition to drag the chain on this issue but hopefully Labor will come to their senses. If they fail to do so I will more the Greens bill when parliament resumes.

The Greens plan for a better deal for injured people would:

· Establish a single, consistent procedure for the recovery of damages for all fault-based injuries, whether the injuries occur on the job, while driving or in public areas.

· Repeal the American-style whole of body impairment formula that stops most injured people from receiving compensation. The current threshold tests based on AMA Guidelines are arbitrary and do not account for the broader impact on the person's life.

· Ensure that compensation claims are determined by and independent tribunal with tenured members, not by bureaucrats or insurers.