ACC can pay for treatment, rehabilitation and equipment,
transport, home help, dentistry, clothes and prostheses damaged in
an accident, and can compensate you for 80% of lost income if you
can't return to work (but see below).
Accidents can include some medical treatment failures,
occupational diseases, and lifelong accident-related conditions, no
matter who was at fault, or if you contributed to your
accident.
However, older people face extra barriers to getting the
rehabilitation, treatment and compensation they're entitled
to.
Problems for older people
ACC statistics indicate that older people are not making full
use of the scheme. This may be due to a lack of understanding that
they're covered.
It could equally be the result of not being asked the right
questions by ACC contact centres. More needs to be done to ensure
that barriers to access to the scheme are identified and
removed.
When they do access the scheme, older people are not always
offered the social rehabilitation and treatment provided for in ACC
legislation.
Older people who have a legitimate case for cover are sometimes
being declined support. Sections of the Act which exclude personal
injury 'caused wholly or substantially by the ageing process' are
used to limit rehabilitation.
We know of older people who are not receiving adequate
rehabilitation after a personal injury and therefore end up in
residential care.
We've also identified a lack of home-based support, a lack of
communication between ACC and providers and inadequate monitoring
of providers; removal of care packages with very little warning;
older people having difficulty dealing with the paperwork and
difficulty getting the information they need from their case
manager.
Weekly compensation
Claimants aged over 65 may have to choose
between receiving weekly earnings-based compensation or receiving
National Superannuation payments.
We say this is wrong - people who continue work and receive an
income after reaching the Super qualification age aren't asked to
choose between that income and New Zealand Superannuation. Why then
should a person who is entitled to weekly compensation - a payment
made in lieu of income - be penalised by having to make that
choice?
6 key messages
-
Once ACC accepts an injury claim, they will help you with your
recovery. If you have problems later on that are linked to
the earlier injury, ACC may be able to help with further
treatment.
-
Make sure you get a copy of the ACC Claim Form from the medical
staff who treated you. This is the form where the medical
professional describes what you were treated for and you describe
how the injury happened.
-
Keep copies of all your correspondence with ACC and your medical
records - this makes it easy to prove that your injury was
covered.
-
You have the right to be discharged from hospital safely. Your
DHB must have an effective discharge plan, a discharge letter for
your GP, and the support you need in place. You can ask to see this
information before you're discharged.
-
ACC has a process for resolving issues if you're unhappy with
something they've done or a decision they've made. Talking to the
person you've been dealing with, or their manager, usually works to
resolve issues. They can also tell you what other options are
available.
-
If you need help with an injury, ring ACC on 0800 101
996.
Getting help to put your case
You can authorise other people, such as a family member or your
doctor, to work with ACC on your behalf.
An advocate is a person who works for a community organisation
outside ACC. You can get help from these people to speak to ACC on
your behalf. They will have good knowledge of the area that you are
having trouble with in your dealings with ACC.
Talk to your local Age Concern about suitable advocacy groups.
Commercial paralegal advocates are also available.
Representing older people
Age Concern New Zealand is working to improve all older people's
relationships with ACC.
We are contracted by ACC to establish and chair an Older
People Advisory Group to assist ACC to identify and remove
barriers to access, and to ensure that older people are well-served
by the scheme.
Chaired by Age Concern New Zealand President Liz Baxendine, the
group is working to inform ACC about the problems that older people
encounter. The Group hopes to help ACC to address as many of these
problems areas as possible.
Watch out for more information, such as the 3 key messages
(above) from this group.
Age Concern is also represented on ACC's Consumers
Outlook Group (an opportunity for community
representatives to give ACC's senior managers information and
advice on consumer and claimant issues).
Comment
We believe it is unacceptable that older people who have
suffered a personal injury should be forced to fight to obtain the
care to which they are entitled.
ACC at its best is an enlightened scheme - but it does not serve
older people as well as it serves other groups. Age Concern New
Zealand looks forward to working with ACC to effect change for the
better.
Resources
> VISIT
the ACC website
> VISIT the Minister for ACC Hon Dr Nick
Smith
> VISIT the ACC Legislation
- Injury Prevention, Rehabilitation, and Compensation Act 2001 as
at 1 December 2008