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Peter Ellis
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A small Some 2000 angry and
upset people have called the Accident Compensation Corporation over leaflets
sent to homes around the country by Wakefield Associates. The Riccarton law
practice invites people to authorise it to seek compensation on their behalf
- in return for 25 per cent of any lump sum awarded. Included in the mailout
is a freepost envelope and a tear-off form giving authority to act (subject
to lengthy terms and conditions in small print). In bold type the
leaflet, informing victims of sexual abuse that they have a legal right to
ACC financial compensation, says: "You may be entitled to a lump sum of
up to $25,000 and ongoing payments in excess of $150,000." The firm's sole
principal, Gary Wakefield, said it appeared that ACC did not advise sexual
abuse victims of their lawful entitlements. "While ACC may
advise a few sexual abuse victims of an entitlement, usually only if asked
about a specific entitlement, ACC will not investigate or advise them of a
range of entitlements that they may be able to claim as we do," Mr
Wakefield said in a statement. ACC's claims manager,
Gail Kettle, said that sexual abuse victims did not need to hire a lawyer
because they could instigate claims themselves with any ACC-approved
counsellor. Though some would
probably sign and post the authorised form, others were distressed to find it
in their letter boxes. It stirred up
experiences for people already dealing with sensitive issues - which was
"not nice", she said yesterday. Ms Kettle said the
leaflet was "very financially motivated" and the sums quoted
extreme. Apart from a small
minority of historical cases which qualified under present legislation, lump
sums had not applied since 1992. However, they were being reintroduced in
April for "new injuries", she said. "People think they
are going to get a big bucket of money but what they are entitled to is not
generally that huge." ACC, which dealt with
4000 to 5000 sexual abuse cases a year, provided a lot of other practical
help and rehabilitation for mental injury from sexual abuse. For permanent
impairment, an independence allowance of up to $2000 a year was paid in
quarterly sums, Ms Kettle said. In the leaflet,
Wakefield Associates puts its fee for advising and representing claimants at
25 per cent, plus GST, of any resulting lump sum or all of any first
quarterly payment made by ACC. If a claim is unsuccessful there is no charge.
ACC specialist John
Miller, a senior lecturer in law at It could awaken
disturbing memories for people in a non-therapeutic situation. On the other hand,
he said, legal help could result in victims getting much-needed counselling
as well as financial compensation. |
