Do Patients On Workers' Compensation Have Rights?

Our research in preparation for the documentary Shattered appears to indicate that there is some confusion around Patients Rights and The Australian Charter of Healthcare Rights and, Rights for those patients on Workers' Compensation.

The fundamental question that needs to be asked is this: Is Workers' Compensation a Health System or Is Workers' Compensation a Finance System? It needs to decide. It can't be both.

At present it appears to operate as a Finance System dispensing health through a complicated mechanism of approved providers and, in addition assessments for treatment approvals and insurer liability by what is known as Independent Medical Examinations.

The General Practitioner is the gatekeeper of the health system in Australia and one that all Australians and the medical profession takes very seriously. So why then are GP's for example not sent a copy of an Independent Medical Examination when an insurer denies approving payment for treatment? Does it not make sense that the GP should be very much front and centre of this decision making and continuity of care?

Let's review:

What Healthcare Rights Do Patients Have in Australia?

In Australia, patient rights are protected under the Australian Charter of Healthcare Rights, which applies to anyone seeking or receiving care across the country's healthcare system. This includes services provided by general practitioners, community healthcare services, day procedure centers, and both public and private hospitals.

These rights are crucial for ensuring that all patients, including those navigating the workers' compensation system, receive safe and high-quality care.

So what are your rights as a patient and what actions you can take if these rights are not upheld, especially if you are dealing with a work-related injury or illness.

What Are the Seven Patients’ Rights?

The Charter identifies seven fundamental healthcare rights, which are essential for every patient, including those under workers' compensation. These rights are:

1. Access: The right to receive healthcare services and treatment that meet your needs. Question: So what about protracted delays for treatment experienced by those patients on workers compensation waiting on insurer approval for treatment?

2. Safety: The right to receive safe, high-quality healthcare that meets national standards and to be cared for in a safe environment. Question: So what about Independent Medical Examinations for liability purposes requiring patients particularly for those with psychological injuries requiring them to retell their trauma stories over and over again for these examinations? Is it safe?

3. Respect: The right to be treated with dignity, respect, and consideration of your culture, identity, beliefs, and choices. Question: So what about the cultural practices of First Nations People on Workers' Compensation. Are there systems in place to ensure patients are given respect to their own cultural practices to heal?

4. Partnership: The right to engage in open and honest communication with healthcare providers, make informed decisions about your care, and include others in your care planning as you choose. Question: Does the Workers' Compensation System obtain Informed Consent before providing case management? Are family members participating in your care supported too within the system. Is Case management a health process or an administrative process. Clarity needs to be provided to the patient around what case management is and what it is not.

5. Information: The right to clear information about your condition, treatment options, and associated risks, enabling you to give informed consent. You also have the right to know about services, costs, and waiting times. Question: Is the Workers' Compensation claims process enabling the patient to give informed consent or is the process lop sided and insurer protective at the expense of the patient's health?

6. Privacy: The right to have your personal privacy respected, with secure and confidential handling of your health information. Question: Where and how is a Workers' Compensation Patient's data being transferred across the system? Who has ultimate control of securing the privacy of the patient on Workers' Compensation? It's a huge system and the patient has the right to to know this.

7. Give Feedback: The right to provide feedback or lodge a complaint without fear of it affecting your care. Your concerns should be addressed transparently and promptly, contributing to the improvement of care quality. Question: What is the status of a centralised integrated complaints process across the Workers' Compensation System and what safeguards are in place to ensure a patient complaining about mistreatment receives the necessary support to ensure their care is safe. See also point 2.

   
   

Do Patients Have the Right to Refuse Treatment?

Yes, patients in Australia, including those under workers' compensation, have the right to refuse treatment. This principle is central to health law, allowing adults to decide what is or is not done to their bodies.

This includes the right to consent to or refuse medical treatment, even if the decision might seem irrational or if refusing treatment could result in serious harm or death.

That said, informed consent across a vast system such as Workers' Compensation must be central to all treatments. When a system interacts in such a complex way a claims journey must consider the Australian Charter of HealthCare Rights. Does it? is it time for review?

Do you know more? We'd love to hear your views, resources and even experiences.