Can I put a “restraining order” on my work cover case manager?

Is your work cover Case Manager driving you nuts? Is he/she calling you multiple times a day? Do you feel harassed? Are you becoming scared of picking up the phone? Do you feel that she/he is aggravating your emotional/psychological state and/or recovery? Sounds familiar? Well, here is some good news for you:

Yes, you can stop your case manager from contacting you directly!

 

I personally was inappropriately harassed by a Case Manager for a number of weeks. I was receiving up to 10 phone calls per day and the nature of those calls were really making me sick.

One one occasion, shortly after having been (illegally) sacked by my employer based on “impairment”, I was extremely upset and depressed, to the point where I felt that I would be better of dead… Well, this Case Manager kept phoning me to tell me that “I should work” and that “she knew I could work” and that “she would be sending me to occupational rehabilitation/retraining” and “make sure I would return to work”.

Given that I had been sacked a few days before – and that my horrible employer terminated my long standing employment (we’re talking 6-7 years after the injury/accident) based on “impairment” (read: refusing to make some ergonomic changes to my work place before and after my latest surgery), I strongly felt that it was most outrageous that my case manager could behave like that. I mean he/she (work cover) was certainly also responsible for my sacking as they failed (for many years) to ensure that I would be accommodated in the work place with the medically requested and reasonable tools. Moreover, I had just been certified unfit for all work by my GP and treating psychiatrist.

So, I get sacked because my employer basically says that I can’t work (I am too disabled – mind you I was not too disabled up to 3 days before the last surgery and did the same job in a much worse physical state!), and I was doing office work for God’s sake! I plunged into a very severe depression and had been certified unfit for all work by my treating GP and Psychiatrist . So, here I was, devastated and receiving all these inappropriate calls from my case manager. I was starting to feel really sick when he/she called and at one point had a nervous breakdown on the phone.

Anyway, to cut a long story short, I consulted my lawyer and asked if it was possible to put some sort of restraining order on that case manager. Well, the answer is yes! I am not sure exactly on the legislation involved but it is about your civil rights.

Here is an extract of some correspondence with my lawyer at the time (and I am pleased to say that I have never received a phone call from my case manager since ;))

 

resraining-your-work-cover-case-manager

click to enlarge

So, don’t put up with any s**t from your ‘case manager’!



As of 14 Oct 2014, this post has been viewed 311 times.

3 Responses to “Can I put a “restraining order” on my work cover case manager?”

  1. Hi
    I am so very grateful that you have shared this post. I am currently being harassed by my own case manager and have set up my answer phone so that I don’t have to pick up the phone anymore. I feel my guts clenching every time the phone rings!
    I am just about to contact my lawyer and hope he will be able to do the same for me.
    Keep up the great posts – very very useful.
    Many thanks again.
    Jane Doe (of course I prefer to stay anonymous)

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  2. I’m glad you have taken this stand.

    I also was the subject of demeaning telephone calls from Allianz workers compensation case managers.

    I requested that they do not contact me via telephone and to remove my telephone number from their records.

    I have seen their own internal advice which confirmed my right to have them not telephone me.

    From that day forward we only contact each other via email.

    Remember, that their notes relating to telephone calls will not accurately reflect what you have discussed with them, and so you are better off corresponding (via email or letter) as they way they can’t change the notes to reflect their distorted view of any conversation.

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    • Hi
      Thank you for the great tip about the way they keep records about phone conversations – it’s true, we’re all better off having all information/correspondence in writing.
      By the way, every time I email my case manager I always put at the bottom of the email that “this email will be relied upon, if necessary, in a court of law” (you may have noticed their disclaimers at the bottom of their emails).
      Thanks for commenting, much appreciated!
      WCVictim

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      WorkcoverVictim August 25, 2011 at 8:51 am