Women Silenced By A System That Harms
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Gender Inequity In Industry
We need to address the embedded stigma within the system itself. Call it out for what it is. Abelism.
Ableism is when people without work injuries are privileged, and people with work injuries are disadvantaged and excluded, because of social standards about who is worthy or ‘normal’.
The ‘ableist’ drivers of violence against women and girls with workplace injuries.
Note: We recognize all injured workers, including people of different races, ethnicities, religions, abilities, genders and sexual orientation are deeply impacted by the dysfunction of the Workers' Compensation Scheme and it needs to change across the entire Scheme.
Negative stereotypes about people with workplace injuries
For example, stereotypes that people with workplace injuries are incapable or dangerous can be used to justify restricting or controlling them. This is particularly prevalent by ignoring their complaints or dismissing concerns placing them on a merry go round of agencies with no hope of resolution. What we must understand, the injured prior to a workplace injury were active participants in their careers, lives and living expectations. The labelling of impairment across the scheme is not helpful to addressing this stigma. This is also embedded in the policies and legislation of Workers’ Compensation.
Accepting or normalising violence, disrespect and discrimination against people with workplace injuries
For example, the ‘halo effect’, where a system Claims Service Provider (CSP) is seen as an ‘angel’ who can do no wrong and any violence they use is dismissed or defended. Letters of censure on a CSP for harm go no way to truly addressing the impact on the injured and can be seen simply as the cost of doing business. It is this betrayal that can further cause more injury.
Controlling people with workplace injuries’ decision-making and limiting independence
For example, ‘substitute decision-making’ arrangements that enforce continuous medical examinations as a means to control finances or medical treatment, insecure living arrangements caused as a result of not being able to access support from agencies who do not count the injured as a vulnerable population. This hidden population is not counted within our own census. Failing to recognize the importance of paying them superannuation when all other workers’ throughout Australia are paid this. This lack of compensation 'wages' as a definition at law is problematic across the entire life cycle of injury. Injured Workers' are economically punished for their injury.
Social segregation and exclusion of people with workplace injuries
Such as practices of indefinite and arbitrary control, where women with workplace injuries especially Aboriginal and Torres Strait Islander women and girls, are deemed lesser and their right to cultural practices are ignored. The use of surveillance by insurers on women with workplace injuries is an unsafe and terrifying experience and oppresses women further into silence and fear avoidance behaviours.
Specific Examples
In NSW, injured women are not entitled to superannuation unlike in Victoria.
The 2012 reforms overlooked their economic safety, and existing financial products via other stakeholders like
compensation payments, Income Protection and Total Permanent Disability support often further harm injured women through poor claims management. Delays are common regarded as unacceptable. but continue in practice.
Injured women, often primary caregivers, risk lifelong poverty and homelessness due to delayed compensation.
Employers sometimes fail to recognize injuries, leading to job loss or legal disputes, further endangering women's economic security.
The legal system inadequately supports these women, who face compounded issues when ill or injured.
Treating injured women as business risks contradicts Diversity & Inclusion principles.
Repeatedly sending women to Independent Medical Examinations to delegitimize their injury, especially for sensitive and psychological issues like sexual assault, is harmful and abusive.
Workers' compensation is a neglected social problem, with about 100,000 claims in NSW annually.
Despite stabilized workplace fatalities, financial hardship, stress, and suicidal ideation are common among injured workers, as reported in the McKell Institute's "It’s Broken" report.
Key findings include:
- 72% experienced suicidal thoughts due to their claim.
- 72% lost employment during their claim period.
- 76% felt the system did not aid their recovery.
- 87% struggled with living costs while on compensation.
Resistance and backlash are expected parts of any change process. Knowing how to minimise and respond to resistance and backlash can set your prevention initiative up for success.
The underlying, gendered drivers of violence against women are challenging for many people to understand or accept.
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Everyone has a role in managing the risk of sexual and gender-based harassment. These duties are set out in the model WHS Act and model WHS Regulations.
Positive Duty is now in effect in Australia. Resources from Our Watch.
The iceberg illustration shows what lies below the surface driving violence against women. Credit: Our Watch.
Our work lives have a significant influence on us professionally and personally, and help shape our attitudes, beliefs and behaviours around gender and violence against women.
Your workplace can help create an Australia where all women are safe, equal and valued.
These resources are from Our Watch who provides free tools to help you identify key actions to ensure that gender equality and respect are at the centre of your business or organisation.