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The insurance company has asked me if I want to settle my claim. What should I do?
Maritime Union Of Australia - WA Branch
Maritime Union Of Australia - WA Branch
Further to the announcement earlier this week that the WA State Government has released its comprehensive Shipping and Supply Chain Taskforce Report, we had Taskforce Co-Chair Kyle McGinn give a comprehensive follow-up interview on ABC Radio. The Government Report put forward as its key proposal that Coastal shipping services should be utilised to address supply chain resilience, through an Australian flagged and crewed shipping service. This key point so critical to the future of Australian seafarers and their industry in this country was taken up in full by Kyle McGinn who himself went to sea following in his father’s footsteps. Australian seafarers could not have a stronger advocate for their industry in Parliament and Kyle’s tireless work with the WA State Govern- ment and in particular Premier Roger Cook, Transport Minister Rita Saffioti and current Ports Minister David Michael is highly respect- ed by the MUA and its membership. We have a government and Premier that is highly supportive of an Australian maritime industry that includes an Australian merchant fleet at its core, both in terms of the broader national and state interest as well as the an- swer to supply chain resilience and diversifi- cation, along with road and rail during times of continued and significant disruption.
Qube has had a toxic safety culture for many years. This recent incident in Port Hedland is another exam- ple of why workers must ensure they perform every task as safely as they can. 2 x 4-tonne tyres were knocked over by a forklift al- most resulting in another employee being crushed to death by the tyres. The only reason the other Employ- ee wasn’t hurt was because he jumped out of the way.
If an insurance company contacts you out of the blue to discuss settling your compo case and paying you out, you can guarantee they are not doing this because they want to do you a favour.
Whether a settlement is to your advantage will depend on your circumstances.
It might suit you to settle your claim if you have:
Thank Fu&k no one was killed.
: Made a full recovery from surgery : Returned to your preinjury role and have not had any setbacks for 6-12 months : Limited requirements for regular medical treatment
The incident report was submitted by a Qube employ- ee immediately, but what made this situation worse was that the Employee was initially refused the op- portunity to make a formal statement. After some de- bate, management caved in and the statement was accepted.
It would not be advisable to settle your claim if:
: You think you will need surgery in the future : There is a risk that you can’t undertake your usual duties : Your need for ongoing treatment is significant : Your condition is getting progressively worse with time, and you have concerns this will eventually stop you from working
No doubt Qube were trying to brush this under the carpet and were trying to hide this from Worksfae.
Earlier in the day, the forklift operator was reported to management for wearing headphones and aggressive driving - both breaches of Qube’s own policies and procedures. We understand that the driver was pulled to the side and spoken to about driving, but nothing was mentioned about headphones. This matter was discussed at the next workplace HSE Committee meeting, although the following did not occur: • There was no information shared with the workers in relation to this matter; • There was no ability for the workers being able to express their views, nor were they able to raise work health or safety issues in relation to the matter; and • The workers were not given an opportunity to con- tribute to the decision-making process relating to the matter.
If you have had an injury at work, the best thing you can do to protect your job is to work towards a full physical recovery. It is not true that leaving a compo case open indefinitely is always your best defence. In fact, denying yourself a tax-free lump sum may do nothing but allow insurance companies to hang onto your money. To find out more about whether you should settle your compo case, contact the union who will arrange a referral to JDK Legal Services to get some ad- vice tailored to your circumstances.
Further failures of Qube and the management team that represent them.
The MUA has contacted Worksafe and are raising this matter further within the Qube internal processes.
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