Lets give older workers a fair go

Lets give older workers a fair go

It is often said that the advancement of a society is measured in the way it treats its elders. If that be so, at least the State of New South Wales has some work to do. Arguably the State of New South Wales is in breach of the United Nations 191 declaration for Older Persons that states, “older persons should have the opportunity to work or to have access to other income generating opportunities.”


In Australia a person is entitled to the Aged Pension when they reach 67.


A little known fact of the law in New South Wales is that a person’s entitlement to receive workers compensation ceases at age 67. As well, a person’s entitlement to claim damages for future economic loss is disregarded after they reach pension age – i.e. the age of 67.


This is enormously troublesome for workers who have every intention of working beyond age 67 but for sustaining a work injury.


I recently had the great privilege of representing a person who sustained injury in the workplace due to the negligence of her employer. Prior to her injury she had signed a contract with her employer demonstrating every intention that she would work until age 72. She sustained injury just before her 67th birthday. Her entitlements to workers compensation and damages for an injury that she did not ask to sustain and that was very clearly due to the negligence of her employer were severely curtailed.


I explained her predicament to her and she accepted my advice, but was disgusted that the law in New South Wales has not kept pace with the reality of society, that being that workers are being required to remain in the workplace beyond the age of 67.


I would argue that experienced workers are a valuable resource and there is absolutely no reason why they would not be afforded the same protections as people under the age of 67.


As an injured worker you are entitled to be advised by Toby Tancred.  The Independent Review Office (IRO) can assist by providing funding for this legal advice.  IRO provides funding to approved Solicitors to investigate claims, provide advice to you as an injured worker, and deal with employers and insurers on your behalf.  Toby is an IRO Approved Lawyer.  Toby Tancred is a Law Society Personal Injury Accredited Specialist and has been recognised by Doyle’s Guide as a Recommended Work Injury Compensation Lawyer for two years running.  Doyle’s Guide has also named Toby Tancred Solicitor as a Recommended Asbestos & Dust Diseases Compensation Law Firm.  Toby Tancred has the experience, knowledge and ability to help all injured workers in difficult times.