The main purpose of this article is to inform injured workers that their weekly payments can be changed (reduced) or terminated, that it happens frequently, AND OFTEN in an ILLEGAL manner! When can weekly payments in Victoria be terminated In addition to the termination of weekly payments after the expiry of the second entitlement period [...]
How are damages calculated
Further to yesterday’s article in which we discovered that if an injured worker recovers damages for their loss of earnings and earning capacity (in a common law claim) they are required to repay any amount they have received from WorkCover for weekly payment of compensation, we though we’d re-summarise how common law damages (both pain [...]
How to spot chronic workplace bullies
“Chronic” workplace bullies are dangerous and almost impossible to change, but you can learn how to spot one, according to Hadyn Olsen, a workplace bullying expert. How to spot chronic workplace bullies The situational workplace bully Hadyn Olsen says ‘situational bullies” are people who at times use bullying patterns of behaviour such as shouting, verbal [...]
Common law damages claim and duty of care of the employer
A claim for damages, which is also called a Common Law (Damages) claim, is usually the only way that substantial compensation can be obtained for the full effects of your injury. In a claim for damages, you are entitled to claim for the pain and suffering you have and will experience in the future. You [...]
Federal Court ruled AAT required to explain why it preferred the IME’s evidence
Have you ever wondered why some judges or arbitrators “prefer” the evidence given from one particular doctor over another? And what if they prefer the evidence given by a highly biased insurance doctor over the evidence of for example an expert specialist who knows the injured worker well and who has treated the injured worker? [...]
Medical Panels must provide clear reasons – Supreme Court Vic
A decision of the Medical Panel is usually legally binding on the parties and a court is generally required to follow its decision. Therefore great care and consideration is needed in determining whether to refer a matter to a Medical Panel. In February this year we posted an article titled “Beware that Medical Panel opinions [...]
Workcover Certificates: Doctors must ensure they’re carefully worded
Understandably, when a worker is injured (or sick) and when their condition is affecting their ability or capacity to work, they must provide their employer (and workcover) with a “certificate of capacity” from their treating doctor or care provider, such as a physiotherapist, every 28 days (unless special permission given by their insurer to provide [...]
Injured worker denied recommended back surgery and at wit’s end
Injured worker “x” kindly shared her workcover story ordeal with us. She injured her back at work, had her claim accepted, however – to date- has had her treating surgeon’s request for surgery denied, and has been sent to numerous not-so-independent medical examinations. She is basically is at wit’s end and doesn’t know how much [...]
Change WorkCover. Give injured workers a fair go – Petition
It is high time that workcover’s bullying tactics were put to an end – and that is exactly the aim of The Scheme Project’s petition, which we urge you all to sign! Change WorkCover. Give injured workers a fair go. Petition by The Scheme Project Link to the petition on Change.org The true statistics behind injured [...]
Injured worker’s weekly pay cut off based on biased pain doctor’s report
In this sickening story an injured worker who was diagnosed with Chronic regional Pain Syndrome (CRPS)/aka Reflex Sympathetic Dystrophy (RSD) following bilateral carpal tunnel surgery had her workcover claim suspended after attending a pain clinic, where the pain doctor basically did not even examine the injured worker but went on to write a report to [...]
Injured worker collapsed after “performance management” meeting – horror story
In this very disturbing story, an injured worker collapsed following, what appears, an outrageous “performance management” meeting and had to be rushed to hospital.The injured worker sought legal advice and was basically told that its just not worth pursuing a psychological/stress work cover claim as it is unlikely that it will get approved and s/he [...]
What if an injured worker resigns in the heat of the moment?
Further to injured worker “Will”‘s story, alleging that his employer and his workcover insurer falsely claimed he had resigned from his employment, we undertook a little more research into resigning, and learned that resigning “in the heat of the moment” is not (always) deemed a “resignation”. Industrial tribunals have found that “words said in the [...]
Workcover stress claims and reasonable administrative action
Further to the new proposed anti-bullying laws, which would include clarification as to what bullying is not – that is, reasonable management action carried out in a reasonable manner is not bullying – we dug up a few interesting, recent legal cases to illustrate what Tribunals and Courts currently deem what is reasonable or unreasonable [...]
New proposed anti-bullying laws: changes to FairWork Act
Not long ago, The Fair Work Amendment Bill 2013 proposed amendments to the current Fair Work Act 2009 (Cth) (the Act) in an attempt to address workplace bullying. New proposed anti-bullying laws The proposed amendments include: Allowing workers who believe that they have been bullied at work to have their grievances heard in the Fair [...]
No need for pain medication – workers compensation denied!
In this -painful- legal case, an injured worker has been denied workers compensation for a manual handling injury sustained at Australia Post, after it was found she was not taking medication for pain relief! OMG! No need for pain medication – workers compensation denied! Background of the case A courier driver for Australia Post sustained [...]
Injured worker aggravates work injury after fall at home – weekly pay ceased!
“Carefactor 0″ is a Victorian-based injured worker, who suffered a severe cervical spine (neck) injury at work, for which she underwent surgery but is left with ongoing motor issues affecting her upper and lower limbs. One of her main issues, apart from ongoing pain, is that she has difficulty walking due to residual weakness in [...]
WorkCover NSW average premiums cut by 7.5 per cent
According to the NSW Government website, The NSW Government has announced 167,000 employers will benefit from an average reduction to WorkCover premiums of 7.5 per cent, saving them more than $200 million a year. WorkCover NSW average premiums cut by 7.5 per cent The following “article” was posted on the NSW Government page on 1 [...]
Workcover case managers listen to background noise when phoning injured workers – WTF
A former workcover case manager recently told us that they are told to listen for “background noise” when phoning injured workers, in order to listen for “clues” that the injured worker is “undertaking” some activity or hobby! WTF! We nearly fell over when we heard that phone conversations are encouraged by workcover insurance companies, as [...]
Supported by Erin Brockovich
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workcovervictim3: @Poppy - could you please let us know in what stat...
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R: hi Poppy, I completely understand how you are feel...
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Poppy: Hi... I am about to have my payments stopped becau...
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Xchangingvictim: @Pauline you know that there are NO honest profess...
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ithurts: The hits just keep on coming!...
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Pauline Pope: Whichever way you cut it, the Workover law works t...
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workcovervictim: There is also quite a bit of useful information ab...
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Carol M: Yes @ WCV you are correct. From my understanding I...
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Nemesia: Hi Kat, I’m sorry to hear about your experien...
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JO: If you are hurt at Work; Do not submit to an inter...
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pugsley: Wow, that totally explains the nacissitic manager ...
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NSW Court rules workcover amendments affecting lumpsums do not apply retrospectively
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WorkCover NSW average premiums cut by 7.5 per cent
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Workcover case managers listen to background noise when phoning injured workers – WTF
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Faulty assumptions only adds insult to injured workers
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Deed of release often used in settling workcover cases- what are they?
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Government plan to make Comcare best practice model
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Barry’s reform adds insult to the injured
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Assault on injured workers – more evidence and concern S.I.A
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Vic Premier Naphtine called building workers safety march a disgrace
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Workcover compensation schemes impede recovery from injury
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Recoveries of money under workcover
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Employers incl RTW Coordinators are not allowed to attend doctors appointments
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Is there such a thing as post traumatic growth?
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Judge criticises law firm about rejection of more generous settlement offer
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International Day of Mourning: remembering those injured workers who have died
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When can weekly payments in Victoria be terminated
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How are damages calculated
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How to spot chronic workplace bullies
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Common law damages claim and duty of care of the employer
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Federal Court ruled AAT required to explain why it preferred the IME’s evidence
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Medical Panels must provide clear reasons – Supreme Court Vic
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Workcover Certificates: Doctors must ensure they’re carefully worded
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Injured worker denied recommended back surgery and at wit’s end
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Change WorkCover. Give injured workers a fair go – Petition
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Injured worker’s weekly pay cut off based on biased pain doctor’s report
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Injured worker collapsed after “performance management” meeting – horror story
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What if an injured worker resigns in the heat of the moment?
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Workcover stress claims and reasonable administrative action
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New proposed anti-bullying laws: changes to FairWork Act
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No need for pain medication – workers compensation denied!
Forum for injured workers
Social Club Victorian Injured workers – SIC
**Next meeting April 2013**
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