Valuable Lessons from Kenneth Feinberg for Australia's Workers' Compensation System

The research that has gone into Shattered, The Documentary  is extensive. We wanted to get to the bottom of why there has been decades long problems with Workers' Compensation Systems here in Australia that never seems to change. As part of this research we had the privilege of speaking with Kenneth Feinberg, Special Master of the September 11 Victims Compensation Fund. Some may of seen Ken's story on the Netflix movie: Worth starring Michael Keaton. The discussion was held at NSW Parliament House in March 2024.

Ken's insights were both profound and directly applicable to challenges we're seeing in Australian workers' compensation.

Feinberg emphasized three critical elements for effective compensation systems:

Speed - getting support to people when they need it most

Efficiency - minimizing bureaucracy and administrative burden

Transparency - ensuring everyone understands their rights and the process

These exact qualities are what's lacking in Australia's workers' compensation system today. Injured workers struggle to navigate a complex system with little guidance. They often don't know what they're entitled to, how decisions are made, or what steps to take next. They're simply swept along a confusing path with no clear customer journey to guide them.

This lack of transparency and empowerment creates vulnerability that can be exploited. When injured workers don't understand the system, others can profit from their confusion.

Feinberg's approach reminds us that compensation systems should center the injured person's experience. Transparency isn't just about fairness—it's about dignity and respect for those the system is designed to help.

It's time we applied these lessons to build a more transparent, efficient, and responsive workers' compensation system in Australia—one that truly empowers injured workers rather than confusing them.

About Kenneth Feinberg

Kenneth Feinberg is an American attorney and mediator known for overseeing high-profile victim compensation funds. He served as the Special Master for the September 11th Victim Compensation Fund (VCF), where he determined payouts for victims and families affected by the 9/11 attacks. Feinberg worked pro bono and personally evaluated each claim, balancing legal, ethical, and emotional considerations. His work set a precedent for mass compensation programs, and he later administered funds for tragedies like the BP Deepwater Horizon spill and the Virginia Tech shooting. His book *What Is Life Worth?* reflects on his experience with the VCF.