Acc

Question 1

Problems with tort/litigation systems
Why acc?

Answer 1

• Adversary (sue through court) hinders rehabilitation after accident and doesn’t help prevent them
• Common law is “erratic and capricious’ in application & results are unfair to vast majority (was there duty of care, policy factors)
• Litigation is inefficient and time consuming (long time, high price, spend too much lawyer to pay medical fee, incentive to not get better to be paid more by defendant

Question 2

Woodhouse report - principles

Answer 2

Community responsibility
Comprehensive entitlement
Rehabilitation should be the aim
Real compensation
Administrative effeciency

Question 3

Woodhouse report - principles
Community responsibility

Answer 3

• Society benefits from productive activity ( caused degree of risk, but cost of it spread through tax)
• Society should accept costs to this activity
• Accidents are inevitable and random

Question 4

Woodhouse report - principles
Comprehensive entitlement

Answer 4

On a uniform basis
Regardless of fault

Question 5

Woodhouse report - principles
Rehabilitation should be the aim

Answer 5

Speedy and complete rehabilitation is in the best interests of individuals & society

Question 6

Woodhouse report - principles
Real compensation

Answer 6

Should relate to income

Question 7

Woodhouse report - principles
Administrative effeciency

Answer 7

Easier than going to court
Consistent, speedy, economical

Question 8

What is acc

Answer 8

Removes right to sue for compensatory damages for accidental personal injury
- Applies to everyone in NZ (citizen, resident, visitors)
-no fault based compensation for personal injury including
- treatment and expenses
- loss of earnings
- lump sum compemsation

Question 9

Acc definition of personal injuries

Answer 9

Physical injury, death, mental injury caused by physical injury
May be caused by
- Accident at work, home, road
- Work related gradual process, disease or infection
- Treatment injury

Question 10

What is an “accident” in the eyes of ACC

Answer 10

Specific event or series of events in NZ involving the application of a force or resistance to the body

Question 11

Acc definition of “treatment injury”

Answer 11

Personal injury resulting from medical treatment from a registered health professional (aside from normal side effects of treatment)

Question 12

Acc does not cover

Answer 12

Illness, sickness or contagious disease
Injury caused 100% from aging
Purely mental injury

Question 13

Acc sometimes covers

Answer 13

Phycological harm/mental injury if
- Mental injury caused by physical injury
- Work related mental injury (claimant experienced, seen or heard traumatic event at work eg first responder)

Question 14

When you can still pursue common law action

Answer 14

Purely phycological harm
- If not otherwise covered by acc
-Secondary mental injury relating to an accident to somebody else provided plaintiff can show (close personal connection to victim and geographical proximity to accident)

Exemplary damages for outrageous intentional consciously reckless actions

Question 15

How is acc funded

Answer 15

Employers
All workers
Petrol levy and motorcycle licensing fee
General taxation