Kevin Mungoven highlights plight of injured workers in NSW compensation system - iCare

He was stopped at traffic lights when a vehicle behind him failed to stop and crashed into his car at Sandgate.

It was the start of a five-year struggle with the NSW workers compensation system.

"So many people are unaware of how badly treated injured workers are and the effect it has on lives and families," said Mr Mungoven, of Rankin Park.

Wallsend MP Sonia Hornery said the new Labor government will review the system.

Ms Hornery said this would occur "after the last 12 years of neglect and intentional damage from the former Liberal government".

"It is vital that injured workers are at the centre of any workers compensation scheme," she said.

She added that injured workers must be "supported medically and financially throughout any processes".

She will advocate for a new system that "puts injured workers first".

Charlestown MP Jodie Harrison said she agreed "there needs to be change".

"That is why I signed the injured workers network pledge," Ms Harrison said.

Mr Mungoven has been volunteering for the NSW Injured Workers Campaign Network.

His injuries have left him confined to a reclining chair, so he works on the campaign from there.

He campaigned through the recent state election.

"I know now I will never benefit from the campaign, however I simply want injured workers in the future to not be destroyed by an unfair system."

After the accident, Mr Mungoven began to feel pain in his left elbow and forearm, along with a twinge in his lower back and an unusual sensation in his neck.

"It was from this point forward that my life began to fall apart," he said.

Soon afterwards, his right foot would go to sleep when he was sitting down.

"That's obviously not good if your job is to drive a car."

For the next two years, he worked in the office on light duties while being "financially penalised with an immediate reduction in pay on workers compensation payments".

His symptoms began to worsen.

"I soon lost faith in my right foot and developed symptoms of drop foot and pain in the right ankle."

He remained in the office until November 2020 when he was sent home because he could no longer wear shoes due to the pain.

"I eventually had a win at the Workers Compensation Commission and had spinal fusion surgery, which relieved back pain.

"However, it introduced new symptoms and made others worse."

Due to having an altered gait for so long, he now requires a left hip replacement.

"Nerve pain increases as soon as I stand. I am unable to remain still for longer than a few minutes.

"When I walk, I must use a crutch. It doesn't stop the pain, but things still need to be done."

Medications provide no pain relief and neurosurgeons won't operate, fearing his situation could worsen.

"Doctors have told me I will never return to work. I understand why," he said.

"How can I be employed when I am forced to live in a reclining chair and with unmanageable pain?"

As his injuries were caused by a motor vehicle accident, he had a case for workers compensation and third-party insurance (CTP).

However, legislation dictates that he can't claim both.

"The legislation also says that once five years is reached, the workers compensation case can be closed with no ongoing support," he said.

"This applies unless a worker has been assessed as having a permanent impairment of more than 20 per cent.

"In my case my doctors had assessed me at 21 per cent, however it was highly likely that would be watered down by the insurance company."

It also became obvious, due to extended delays, that he would not get better before the five-year limit.

"So after accepting legal advice from my solicitor, it was decided to accept the CTP insurance payout," he said.

"That insurer had already accepted full liability for my injuries caused by the accident.

"That immediately closed my workers compensation case, leaving me unemployed with no income and no ongoing medical support."

As part of the payout, he had to repay the workers compensation payments he received.

He felt this was an unfair penalty, especially given "excessive delays dragged out my case".

After he received an insurance payout, he couldn't claim support from the government.

"My issue with this is I do not receive the gross amount in my hand," he said.

"Why am I not assessed on the actual amount I receive in my hand for government support?

"The reduced payout is all the money I have to house myself and live on for the rest of my life."

A McKell Institute report, released last year, said the workers compensation system was "broken".

The report said injured workers "routinely cite extreme financial hardship" due to inadequate compensation after an "acute injury".

Such workers experience a lot of stress and "even suicidal ideation".

The report detailed a survey of 106 injured workers in NSW.

"The results paint a dire picture of individual experiences when dealing with workers compensation," it said.

To see more stories and read today's paper download the Newcastle Herald news app here.