老域名购买_老站转让_备案域名购买

高PR快排域名

Ruling on past injury’s impact a win for workers

SAFETY NET: A ruling on a retired railway worker’s knee replacement has rewritten NSW’s compensation laws, the author says.There are many facts of life that are inescapable for most of us as we get older and a steady increase in aches and pains as we age may seem like one of the more unremarkable ones.For many the entry into the retirement years may also be accompanied by some of the common ailments, which have significant impacts on lifestyle and for which surgery may be the only option to a return to a pain-free way of life.
老域名购买

But what if it is more than simply the ageing process at play?

For retired NSW railway worker Sam Baldacchino, what might have been the effects of ageing was in reality the significant and ongoing deterioration of a workplace injury sustained years earlier in 1999. And in news that that will be welcomed by workers and their families in the Hunter and across the state, his win to be compensated for the cost of a knee replacement has rewritten the compensation laws in NSW.

A work place accident or injury can result in enormous stress and uncertainty for any worker, not only at the time of the injury but years after, particularly if consequences are ongoing and require ongoing medical treatment spanning years if not a lifetime.

That uncertainty and stress can be further compounded by the knowledge that under the NSW Workers Compensation Scheme amendments of 2012, compensation for most ongoing medical treatment of workplace injuries ends after five years.

But what if you have an injury that only gets worse over time?That was the case for Mr Baldacchino who had injured his knee in a workplace incident during his career with Pacific National.As he started his retirement his knee deteriorated to the point of being clinically determined as requiring a full knee reconstruction – an expensive prospect for that he sought to claim compensation given it was related to the original workplace injury.

When an initial ruling of the NSW Workers Compensation Commission found that he wasn’t entitled to be compensated for the cost of operation because knee replacement did not fall within the definition of eligible ongoing medical treatment, Mr Baldacchino appealed against the decision.

His case centred on a challenge to the definition of knee replacement and whether in fact it actually constituted an ‘artificial aid’ under the NSW Workers’ Compensation scheme and as such would not be subject to the five-year time limit.

The Workers Compensation Commission upheld Mr Baldacchino’s appeal and determined that a knee replacement is an artificial aid and means that the controversial time limits in relation to medical expenses do not apply in this case.

It is a judgment that has significant implications for potentially thousands of retired workers who may have suffered a workplace injury years and even decades earlier and who today require a knee replacement as a result.

Aworkplace injury of any kind is stressful and traumatic.This landmark workers compensation decision is set to make this process a little less arduous where historic incidents are concerned, and provides a layer of protection for Newcastle and Hunter workers who are injured on the job.

SafeWork NSW received 30,902 reports about major workplace injuries and illnesses in 2015-16. For those people, many of whose injuries will deteriorate as they age, this finding provides a safety net for some of the unknowns in the future.

Peter Lleonart is apartner atCarroll & O’Dea Lawyers

Comments are currently closed.