Insurance and Care NSW (icare) Class Action
Omni Bridgeway is funding a class action against the Workers Compensation Nominal Insurer (Nominal Insurer) on behalf of persons who have had their sensitive health and personal information disclosed in a data breach in May 2022.
Piper Alderman are the lawyers on the record for the class action.
BACKGROUND
The Nominal Insurer provides workers compensation cover for employees of employers in New South Wales who do not self-insure or are state government employees. Insurance and Care NSW (icare) manages workers compensation schemes for the 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, icare caused Cost of Claims Reports containing sensitive health and personal information of workers compensation claimants to be distributed by email to various Australian employers and insurance brokers. Around 1,450 reports were emailed to incorrect email addresses involving 572 Australian employers or insurance brokers, containing the data of approximately 191,870 people.
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 Cost of Claims Reports to entities that were not the intended recipients.
AM I ELIGIBLE TO JOIN THIS CLASS ACTION?
You are eligible to join the class action if your personal and health information was included in a Cost of Claims Report which was distributed by icare to the wrong recipient on or around 6 May 2022.
HOW MUCH WILL IT COST TO BE A PART OF 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.
WILL THERE BE ANY COST TO ME IF THE CLASS ACTION IS UNSUCCESSFUL?
No. 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.
HOW DO I EXPRESS MY INTEREST
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 button below. Registering your interest is free and without obligation. Merely registering your interest via this website does not bind you to any contract or commitment.
If you have any queries, you can contact the Omni Bridgeway Client Liaison Team by email on
[email protected].