Questions have been raised over the way NSW Health handles psychological injury claims among its employees, with internal documents showing the claims are sent to the department’s lawyers before they can be assessed by a medical officer. Critics – including some employees who have lodged claims – say the department’s new pre-liability early intervention process for psychological injury suggests claims are treated with suspicion and seen as potentially fertile ground for fraud. NSW Health has firmly rejected the assertion the claims are intended to discredit workers, saying the process enables employees to fast access treatment and removes barriers for claimants. From February 1 psychological injury claims where liability is a concern are sent to the local health district’s legal team before an independent medical officer (IMO), according to the guidelines. This fast-tracking process allows workers to access “reasonably necessary treatment” while their claim is investigated. “Delays in liability decisions can have a negative impact on the worker if they are unable to access the necessary treatment to facilitate their recovery,” the document read. “Immediate treatment which is reasonably necessary, can be sought by the worker even though the claim is reasonably excused.” But the guidelines also stipulate that solicitors help tailor questions for an IMO to ask employees who have lodged a psychological claim. “[Solicitors’] advice will also include the most suitable and appropriate questions for Independent Medical Investigations (IMEs) to ensure relevant information is obtained,” the process document reads.
