Adding insult to injury

I HAVE concerns over the wording of post- traumatic stress disorder. My concern is the abuse of the word “post”, with WorkSafe, WorkCover, Comcare, and their agents such as Allianz, GIO, QBE plus self- insurers.

These companies with the State and Federal government seem to have latched onto the “post” meaning any psychological injury incurred during a physical injury/ accident.

Now, under state, and Australian legislation, it is to be classed as a secondary injury.

PTSD, can be still claimed as a primary injury, only if it is the only injury incurred at the time. And financial assistance will be ongoing after 260 weeks or five years. That’s only if you are assessed as having a whole person injury of over 20 per cent.

But if you were shot, stabbed, bashed or badly injured and suffer PTSD as well, then that’s tough luck.

PTSD in this form has now been classed under legislation as a secondary injury.

As a result, you can’t claim any compensation, nor can you claim any total permanent injury, or whole personal injury.

And you can’t get psychological help, or financial assistance after five years, even if your PTSD injury is over 20 per cent.

I have been informed the resulting actions are you are to be put on the federal public health welfare system ( Centrelink).

Why should the Australian public pay for injured workers?

This is why companies pay workers compensation insurance, so injured workers can be looked after.

The original concept behind secondary injury indemnity was to cover future employers of injured persons against further injury to a past physical/ physiological injury.

As, like today, it was intended to entice employers to employ injured workers, without fear of legal action.

Due to the implantation of “duty of care”, the whole concept of the secondary injury indemnity was outdated.

For example, if there is any chance of further injury, the employer cannot ask a person to do a job or task, otherwise that person would be liable for not undertaking duty of care to prevent injury or further injury.

Today we are often being asked what we can do to avoid and prevent suicides and improve mental health, especially with regards to PTSD.

As it now stands with workers compensation and insurance legislation amendments, they’re handing people with physical and psychological issues a loaded gun to kill themselves.

It’s done under another sneaky amendment to legislation. Let’s say an injured worker may be distressed about being told about the legislation amendments.

They can ask a third party GP, doctor, lawyer to inform the injured person of changes and rulings. This way they are effectively wiping their finger prints from the loaded gun.

If legislation is not changed, I personally feel it will result in sharp increases in suicides, financial stress and more family breakdowns. TREVOR McMENAMIN,

Kirwan.