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Safety Matters - Rail, Tram and Bus Union of NSW

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A Summary <strong>of</strong> Workers<br />

Compensation in <strong>NSW</strong><br />

Major changes were made to <strong>NSW</strong> workers’ compensation laws, which took<br />

effect from January 2002. The two main pieces <strong>of</strong> legislation covering Workers<br />

Compensation are:<br />

Workplace Injury Management <strong>and</strong> Workers Compensation Act 1998. (As<br />

amended in 2001; new provisions apply from 1st Jan 2002)<br />

Workers Compensation Act 1987.<br />

<strong>Union</strong>s played a key role in ensuring the laws were changed to make the<br />

system fairer, with workers’ wellbeing the priority. <strong>Union</strong>s recognise workrelated<br />

injuries are a major concern for all workers, because <strong>of</strong> their effects on<br />

employees’ health <strong>and</strong> finances.<br />

Workers compensation laws have a stronger focus on helping injured workers<br />

recover <strong>and</strong> return to work as soon as possible. The changed laws include injuries<br />

that were not previously covered, thanks to unions negotiating successfully<br />

with the government to have the list <strong>of</strong> injuries extended.<br />

What is Workers Compensation?<br />

Workers Compensation is an insurance scheme taken out by all employers,<br />

which covers all <strong>of</strong> their workers (<strong>and</strong> deemed workers) in the event <strong>of</strong> a workrelated<br />

injury, accident or illness.<br />

The law states all employers must have a current workers compensation policy.<br />

<strong>Union</strong>s can inspect these policies <strong>and</strong> also ensure that employers are paying the<br />

correct insurance.<br />

Workers compensation provides injured workers with:<br />

• Weekly payments when there is loss <strong>of</strong> income<br />

• Payment <strong>of</strong> medical, hospital <strong>and</strong> other expenses (including travel to <strong>and</strong><br />

from treatment <strong>and</strong> rehabilitation expenses associated with return to work<br />

or retraining for another job)<br />

• Lump sums if the injury causes a permanent loss or impairment <strong>and</strong>, for<br />

more significant losses, associated pain <strong>and</strong> suffering<br />

BACK TO CONTENTS<br />

<strong>Safety</strong> <strong>Matters</strong> A Guide for Workplace OHS Representatives<br />

SECTION THREE<br />

RAIL<br />

TRAM AND BUS<br />

3<br />

A Summary <strong>of</strong> Workers Compensation in <strong>NSW</strong><br />

U N<br />

I O N

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