Accident claims data reveals bias by ACC

ACC is biased against women, Ma¯ ori and Pasifika, a new analysis shows.

Women are less likely to make ACC claims, more likely to be declined when they do, and they receive far less compensation than men, the figures show.

Over the past five years it has become even harder for women – especially Ma¯ori and Pasifika women – to get an ACC claim accepted. The decline rate for women has increased from 2.2 to 2.6 per cent. In comparison, the decline rate for men increased from 1.9 to 2.1 per cent.

If women did get cover and were entitled to weekly compensation payments, they got a little over half the rate of men.

Despite women, who make up just over half the population, accessing healthcare more often than men, men filed 4 per cent more claims than women.

The inequities are laid out in a series of briefings – obtained by RNZ under the Official Information Act – from ACC to its minister, Carmel Sepuloni, after the corporation analysed claims data between June 2015 and July 2020.

Green Party ACC spokesperson Jan Logie, who has campaigned for successive governments to address inequalities in the scheme, said the biases were inevitable because the Accident Compensation Act, developed in the 1970s, ‘‘just hadn’t kept up’’ with changes in society.

As a result, there was a ‘‘very strong bias’’ in favour of working men, she said. ‘‘At the moment, women, Ma¯ori and Pasifika are bearing the burden of that failure. The outcomes are clearly sexist, and racist. Why somebody thought you could get cover for spraining a muscle on a sports field but not a birth injury? It’s pretty hard to think that there’s not some sexism involved in that decision-making process.’’

The scheme’s definition of ‘‘injury’’ favoured the types of injuries suffered by men, the ACC briefing said, but women and minorities were also more likely to face bias from health professionals who filed claims on their behalf.

‘‘Research has found that women, indigenous people and people of colour are all more likely to be seen as exaggerating, malingering or drug-seeking when accessing healthcare,’’ the briefing said.

Ma¯ori were more likely to experience severe injury, but ‘‘less likely to be referred for certain treatment interventions than non-Maori’’ and were more likely to have poorer long-term outcomes as a result, the papers said.

Despite making up 16 per cent of the population, Ma¯ ori made up only 12 per cent of new lodged claims and 15 per cent of weekly compensation costs. The poor claim rates were likely to be ‘‘shaped by societal, system and scheme factors’’ including ‘‘racism’’, the briefing papers said.

ACC Minister Carmel Sepuloni says the data ‘‘certainly shows’’ there is a problem. ‘‘I wasn’t surprised by it at all. In fact, I think many New Zealanders wouldn’t be surprised by it.’’

But she ruled out a complete overhaul of the ACC legislation. She has asked for advice on policy options and what ‘‘could be done operationally’’ to reduce inequalities for women, Ma¯ori and Pasifika.

ACC declined to be interviewed, but in a statement its chief customer officer Emma Powell said more work was needed to understand the inequities highlighted in the data. ‘‘We also know that differences in experience and access are likely to arise from a broad range of societal, institutional, community and individual factors. We don’t have conclusive information on this possible inequality yet, so we are taking the time to fully explore this issue.’’ –