Proposed changes to SA workplace injury compensation branded ‘sneaky’ and ‘rushed’ by barristers, doctors

Tammy Giacomo received “life-changing” injuries during a site visit fall. Under “rushed” workers’ compo changes, she wouldn’t even qualify for help.

“Sneaky” and “rushed” changes planned for South Australia’s workplace injury laws could leave thousands of workers out of pocket, barristers, solicitors and doctors have warned.

Almost 70 experts have penned two strongly-worded letters to MPs, urging them to consider the effect on injured workers of the state government’s planned changes to the Return to Work Act 2014.

Currently, injured workers with a permanent impairment can receive a lump-sum payment if injury affects more than 5 per cent of their bodily capabilities. The proposed changes would alter injury rating scales and force injury assessors to select lower ratings for impairments.

That means some workers with impairment ratings of 5 per cent or more currently would have injuries downgraded to below the threshold and either miss out entirely or receive reduced payments.

“The proposed changes are a sneaky way to modify (the Act) to the detriment of thousands of badly injured South Australians,” the letter from barristers and lawyers says.

The letter also says the changes are being “rushed” and could leave badly injured workers “destitute and losing their homes” if they were unable to meet mortgage repayments with reduced compensation.

Injured workers such as Tammy Giacomo, 45, would be thousands of dollars out of pocket if proposed compensation changes are approved. Picture: Roy VanDerVegt

Further proposed changes to workplace injury laws include reducing injury ratings for workers with pre-existing or unrelated injuries.

“As medical evidence suggests that every adult has ‘degeneration’ of their bones, it is likely that any worker over the age of 30 will have a 10 per cent reduction (in injury ratings) even without any symptoms and many will face a greater deduction,” the legal letter says.

A separate letter penned by six medical experts argues a 10 per cent deduction “eradicates our current ability to apply expert medical judgment”.

“The change proposed is harsh and, in our professional opinion, will result in unjust outcomes for people with valid, permanent and often debilitating impairments,” the medical experts said.

Tammy Giacomo, 45, of Athelstone, broke her fibula and shattered her ankle in two places during a site visit to a contractor in February 2018.

She had two surgeries, was diagnosed with arthritis and had a raft of allowances put in place to allow her to return to work, such as a knee scooter, reclinable chair and walking frame.

Under the changes, Ms Giacomo would not be eligible for any compensation for her “life-changing” injuries that she described as “one of the worst experiences of my life”.

Treasurer Rob Lucas said: “No decision to modify the guidelines has yet been made. Following the consultation process, I will consider the proposed changes and feedback and make a decision in due course.”

Opposition industrial relations spokesman Kyam Maher said: “The whole idea of the system is about dignity, support and returning people to work, not keeping them poor and injured.”