ACC and you

Six key things you need to know about ACC and older people.

Your comprehensive injury cover through ACC doesn’t stop just because you've reached 65.

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.

Important changes to ACC which affect older people

ACC's stringent interpretations are making it progressively harder to get help when you suffer an injury that results in hearing loss. (See our submission against this change, > DOWNLOAD a small PDF).

> VIEW the process ACC requires you to follow.

Problems for older people

Older people also face other barriers to getting the rehabilitation, treatment and compensation they’re entitled to.

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 6 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

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