Adding insult to injury

Under NSW law, more than 90 per cent of people injured through someone else’s fault don’t meet the test for fair compensation because of complex percentage
thresholds.

Doctors who assess you must use American guidebooks which ignore the impact of your injury on your life. You don’t even get to have your say. To make matters worse, the system makes you face different tests for work, motor vehicle and other injuries – which all adds insult to injury. The system is inconsistent, unfair and far too bureaucratic. Imagine if this happened to you. It’s time to restore some fairness and consistency.

"The introduction of a requirement that a person be subject to fifteen percent of whole of body impairment ... before being able to recover general damages has been the subject of controversy. It does mean that some people who are quite seriously injured are not able to sue at all. More than any other factor I envisage this restriction will be seen as much too restrictive."

The Hon JJ Spigelman
Chief Justice of NSW
14 September 2004