A DIABETIC has had his workers compensation claim knocked back after an on the job car accident, proving people with disabilities were not adequately protected under NSW laws, Diabetes Australia said. The lobby group's NSW president, Dr Neville Howard, today said the organisation was concerned the case involving diabetic mechanic Troy Sutherland showed people with disabilities were not protected for workplace compensation. Diabetes Australia said in August, Mr Sutherland, a 21-year-old Liverpool mechanic suffered a hypoglycaemic attack while driving back to work after picking up an order for his boss. Mr Sutherland, who went through a red light and collided with a bus, lodged a workers compensation claim for half a day's pay and a $600 medical bill but the claim was rejected by the employer's workers compensation insurer. "We have not seen a case like this before and it raises the question of whether companies will even employ workers who have diabetes," Dr Howard said. Diabetes Australia said the claim was knocked back by the insurer on the basis of diabetes being a pre-existing medical condition and that the journey in the car did not cause or contribute to Mr Sutherland's diabetic condition. WorkCover NSW said the case was not strictly a workers compensation case. "WorkCover only applies if the accident is due to an employer's negligence or a breach of occupational health and safety standards," a WorkCover spokesman said. "In Troy's case the employer was not responsible for the accident." Mr Sutherland said he was upset and angry that having diabetes meant he had more limited access to compensation from a workplace accident than his workmates. "Diabetes has never interfered with my work before and now I am out of pocket," he said. Diabetes Australia said it would continue to lobby on behalf of Mr Sutherland and other people with diabetes to ensure they are fully covered by workers' compensation. Source www.news.com.au ###