icare Class Action

icare Class Action

Piper Alderman filed a class action in the Supreme Court of New South Wales against Workers Compensation Nominal Insurer (icare) on behalf of persons who have had their sensitive health and personal information disclosed in a privacy breach in May 2022.

The proceeding arises from the unauthorised disclosure by icare of sensitive health and personal information relating to approximately 192,000 workers in May 2022.

The breach was the result of an administrative error, which led to 1,450 insurance reports being distributed by email to unintended recipients. These reports contained highly sensitive information, including workers’ personal and health details.

The class action is brought on behalf of all individuals whose information was affected by the breach.

Background

Insurance and Care NSW, commonly knows as icare, manages the workers compensation scheme in New South Wales on behalf of the Workers Compensation Nominal Insurer. A liability incurred by icare when acting for the Nominal Insurer is a liability of the Nominal Insurer (section 154C of the Workers Compensation Act 1987 (NSW)).

On or around 6 May 2022, the sensitive personal details of approximately 192,000 injured workers were mistakenly shared via email with 572 Australian employers and insurance brokers in a significant privacy breach caused by icare.

The information disclosed included details such as workers’ full names, dates of birth, description of occupation, claim history, injury categories (psychological or physical), policy numbers, information on whether liability was accepted or declined, breakdowns of weekly payments, claim costs and gross amounts paid.

Cause of action

The class action alleges that icare (and consequently the Nominal Insurer) owed the plaintiff and the class members an equitable obligation of confidence which it breached when it disseminated the insurance reports  to entities that were not the intended recipients.

Eligibility

The class includes all workers whose personal information was disclosed without authorisation as part of the privacy breach.

Affected workers are encouraged to register their interest in the class action.

The class action is being funded by Omni Bridgeway on a “no win, no pay” basis in accordance with the terms of a funding agreement or terms imposed by the Court.

If the class action is successfully resolved and there is a recovery of compensation, Omni Bridgeway will be entitled to reimbursement of the costs it has spent plus a commission from such recovery only.

There are no ‘out of pocket’ costs for class members to pay. Class members do not have to pay anything in the event that the class action is unsuccessful, as Omni Bridgeway agrees to pay any legal costs that might be awarded to the Nominal Insurer or any other respondents.

Class members do not have to pay anything in the event that the class action is unsuccessful, as Omni Bridgeway agrees to pay any legal costs that might be awarded to the Nominal Insurer or any other respondents.

Register now!

You can register your interest to participate in the class action, receive information and be updated on key developments as the class action progresses by clicking on the link below. Registering your interest is free and without obligation.

https://portal.omnibridgeway.com/cases/electronic-agreement/Form/icare

If you have any queries, you can contact Kat Gieras, Commercial Practice Manager – Funded Litigation on 07 3220 7745 or by email on [email protected]