1
Work injury policy issues
Bill Birmingham
2
Disability Benefit
For whom?
• All disabled people
– New Zealand – No fault accident compensation scheme for all
acciden...
3
What is a work injury?
• Injury caused by accident arising out of and in the course
of employment, but does it cover
– A...
4
Occupational disease
or process
• Occupational diseases
– Statutory list
– To what employments do they relate?
– When is...
5
Basis for work injury or
occupational disease benefit
• Total incapacity for work
• Partial incapacity for work
• Total ...
6
Who assesses disablement
or determines entitlement?
• Individual’s own doctor
• Employer
• Employer’s own doctor or medi...
7
Length of award
• For life
• Until retirement
• For a specified period
– Pending review
– Pending rehabilitation
• Death...
8
Review or appeal
• Right of appeal
– Appellate body
– The courts
• Circumstances of review
– Whether automatic or on req...
9
Work injury insurance
and civil liability
• New Zealand – no civil liability claims – covered by
statutory accident insu...
10
Rehabilitation & Training
• Is rehabilitation a condition for entitlement to
benefit?
• Is rehabilitation compulsory or...
11
Disability aids
• Prostheses and wheelchairs
• Occupational therapy and physiotherapy
• Adaptation of home environment
...
12
Work options for persons with
work injury or occupational disease
• Occupations restricted to disabled persons
– Piano ...
13
Health and Safety
• Work injury insurance contribution rate
– Higher for high risk enterprises
– Flat rate for all
• He...
Upcoming SlideShare
Loading in …5
×

Work injury presentation

357 views

Published on

0 Comments
0 Likes
Statistics
Notes
  • Be the first to comment

  • Be the first to like this

No Downloads
Views
Total views
357
On SlideShare
0
From Embeds
0
Number of Embeds
2
Actions
Shares
0
Downloads
6
Comments
0
Likes
0
Embeds 0
No embeds

No notes for slide

Work injury presentation

  1. 1. 1 Work injury policy issues Bill Birmingham
  2. 2. 2 Disability Benefit For whom? • All disabled people – New Zealand – No fault accident compensation scheme for all accidents • All social insurance contributors – Netherlands – no work injury scheme, but comparable coverage by sickness, invalidity and survivors benefits • Employees who have suffered a work injury or contracted an occupational disease • Employees and self-employed who have suffered a work injury or contracted an occupational disease • Students and trainees • Are those who suffer injury due to work accident be treated better than those injured in any other way or who are genetically disabled or disabled during childhood
  3. 3. 3 What is a work injury? • Injury caused by accident arising out of and in the course of employment, but does it cover – Accident during travel to and from work • Employer’s transport • Other transport • Travel to other than normal place of employment – Accident during meal break – Accident caused by worker’s (or other worker’s) prank – Accident caused while worker drunk – Accident playing for works sports team or recreation – Accident while engaged in rescue attempt – Accident at work while doing something for worker’s own purpose – Accident while doing something illegal or when instructed not to – Accident while attending a meeting
  4. 4. 4 Occupational disease or process • Occupational diseases – Statutory list – To what employments do they relate? – When is a disease or employment added? – Degree of impairment, eg occupational deafness • Process – Where not a recognised occupational disease – Where no specific accident – A succession of continual activities which cause impairment, eg damage caused by use of keyboard
  5. 5. 5 Basis for work injury or occupational disease benefit • Total incapacity for work • Partial incapacity for work • Total loss of earning capacity • Partial loss of earning capacity • Loss of function, eg loss of a finger or loss of an eye – but effect may be greater for certain employments • Additional costs due to disability, eg attendance and mobility expenses • Is there a distinction between short-term and long-term disability?
  6. 6. 6 Who assesses disablement or determines entitlement? • Individual’s own doctor • Employer • Employer’s own doctor or medical adviser • Social security agency in the light of medical evidence • Social security agency’s doctor • Independent doctor • Independent medical tribunal • Are there special requirements, eg for psychological impairment
  7. 7. 7 Length of award • For life • Until retirement • For a specified period – Pending review – Pending rehabilitation • Death benefit – For widow or widower • For life • Until remarriage • Pending employment – For orphans • For life • Until completion of education
  8. 8. 8 Review or appeal • Right of appeal – Appellate body – The courts • Circumstances of review – Whether automatic or on request – At whose request • The claimant • The Social Insurance Agency – How frequently
  9. 9. 9 Work injury insurance and civil liability • New Zealand – no civil liability claims – covered by statutory accident insurance scheme – but costly • United Kingdom – Recovery of Benefits Act – Does not deprive individual of civil liability claim – Where social insurance benefit paid after accident or occupational disease – Where compensation paid for injury • If paid by employer (or employer’s insurance), or • If paid by motor insurance – Compensator must • first apply to Social Insurance agency to determine recoverable benefit • repay recoverable benefits for 5 year period following accident or onset of occupational disease • Avoids duplicate provision
  10. 10. 10 Rehabilitation & Training • Is rehabilitation a condition for entitlement to benefit? • Is rehabilitation compulsory or voluntary? • Who meets the cost of rehabilitation? • After rehabilitation, does the disabled person receive training for a new job and, if so, in what circumstances? • Who pays for the training? – The work injury insurance – A separate Government budget – The current or future employer
  11. 11. 11 Disability aids • Prostheses and wheelchairs • Occupational therapy and physiotherapy • Adaptation of home environment • Adaptation of workplace environment • Adaptation of work equipment • Adaptation of transport • What effect on life style and work ability
  12. 12. 12 Work options for persons with work injury or occupational disease • Occupations restricted to disabled persons – Piano tuner only for blind persons – Switchboard operator if blind or mobility problems • Workplaces restricted to disabled people – Subsidised by Government – Eg Making toys or playground equipment • Requirement for employers to employ at least a specified percentage of disabled workers – with criminal sanctions for non-compliance; or • Government subsidy for employers to employ disabled workers
  13. 13. 13 Health and Safety • Work injury insurance contribution rate – Higher for high risk enterprises – Flat rate for all • Health and safety legislation – Government inspectorate to ensure compliance – Health and safety committees at work place • Representatives of management • Representatives of workers

×