For the past year, Sydney nurse Robin Prebble has been unable to work, riddled with pain from back and neck injuries she sustained when she was attacked by a patient during a shift.
This is not how the 71-year-old expected her 24-year nursing career to end.
“Before the attack, I was energetic. I thought I would work until I was 75 because I was still active and I love what I do,” Prebble said.
Prebble had been working an ordinary shift at Cumberland Hospital when she was set upon by a long-term mental health patient in January 2024.
“It was an unprovoked attack. I was with another nurse taking observations of another patient,” Prebble said.
“She dragged me, threw me down and I hit my head so hard, and my back. She got on top of me and punched me. I had multiple hematomas in my head.”
Prebble needed spinal surgery after the attack, and will require additional shoulder surgery this year.
A spokesperson for the Western Sydney Local Health District declined to comment on the incident due to privacy reasons.
Unable to work because of her injuries, Prebble was forced to apply for workers’ compensation to replace her wages and pay for her surgeries.
But, a few months ago, an email from Prebble’s insurer took her by surprise.
The email informed Prebble that, because of her age, her weekly support payments would be cut off in January.
Under NSW workers’ compensation legislation, employees over the official retirement age of 67 are only eligible for 12 months of support payments.
However, older workers are still able to apply for coverage of medical and rehabilitation expenses, as well as compensation for permanent impairment.
Prebble said she had no idea about the cap on support payments for older injured workers.
“I was shocked and angry. I think it’s disgusting and ageist,” she said.
“More elderly people are staying in the workforce or going back to the workforce. I find this legislation not only discriminatory against older individuals but demeaning and seriously insulting.
“When I started looking into it, I realised there’s so many older people that are in the workforce that this has happened to, and they are destitute.”
Prebble’s weekly support payments were cut off earlier this month and she said she was forced to apply for the aged pension, which was yet to be processed.
“I didn’t want to go on the pension. I wanted to keep working,” she said.
“I don’t own a home, I’ve raised two kids on my own. I’m not in a fortunate condition,” she said, adding she was worried she would struggle to support herself on the aged pension in the long term.
Angered by the situation, Prebble started an online Change.org petition, calling on the NSW government to amend its legislation to end the 12-month limit on worker’s compensation payments for workers over 67 years old.
A spokesperson for the NSW government said the current legislation was in line with other other states and territories.
“While individuals retire at different ages, weekly support payments under the NSW workers compensation legislation cease a year after the statutory age of retirement, which is consistent with all other Australian jurisdictions,” the spokesperson said.
“However, individuals can continue to receive support beyond this period, including for medical and rehabilitation expenses and compensation for permanent impairment.
“Workers can also apply to access the aged pension and their superannuation funds for further financial support.”
Research released by the Australian Institute of Health and Welfare in 2021 showed 15 percent of people aged 65 and over were still participating in the workforce – 19 per cent for men and 11 per cent for women.
National Seniors Australia CEO Chris Grice said the worker’s compensation scheme had been improved over the years to become friendlier for older workers.
“Previously, depending on the state that you were in, workers compensation wasn’t even available for workers over 60,” Grice said.
“What we have now, it’s not perfect for everybody, but certainly we’ve moved a long way from when there were so many people that were wanting to continue to work, but that meant basically working unprotected.”
Grice said abolishing the 12-month cap for replacement wages for injured workers over 67 could lead to unintended negative consequences, such as the cost to insure older workers skyrocketing.
“If the premiums became too unaffordable, you can potentially see businesses saying they can’t afford to put an older person on. We certainly wouldn’t want that attitudinal behaviour creeping in.”
