A couple of days ago we received an email from a Western Australian injured worker who has clearly suffered a psychological work injury. His case was even mentioned in parliament! But guess what, folks, even though all the doctors he was made to see (including Allianz doctors) state he has suffered a workplace psychological injury, workcover WA and Allianz continue to dispute liability for his injury! Any advice, help would be greatly appreciated!
Allianz disputes liability for high profile psychological workplace injury
The injured workers story – his own words
All the Doctors including Allianz Doctor say I have suffered an injury, yet workcover WA and Allianz dispute liability, however No form 3B INSURER’S NOTICE THAT LIABILITY IS DISPUTED, has ever been lodged I have not been paid since [month] 2010.
Letter treating doctor X
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Legislative Counsel
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Wow, this is an extraordinary story indeed and we find it very difficult to understand on what basis Allianz is disputing liability for this well documented and high profile psychological injury!
We are not familiar with the relevant workers compensation legislation of WA and hence an only guide you to the relevant documents and Acts (see below).
However, as applies for all workcover schemes in all states, there is usually a time limit for the insurer to either accept of reject a lodged workers compensation claim. For example in Victoria they have 28 business days to respond. It is normal practice for insurers that if they refuse liability for your injury they send you a letter to that effect (with the reasons as why your claim was rejected). This “rejection letter” can then be used to dispute (appeal) the decision. In WA it appears you can go to the Conciliation Arbitration to dispute a decision. The claim process, including the dispute process is well described on the WA workcover website.
It may be worth reading the WA Act in detail as it appears that you may fall under a difficult or even exclusion of “a worker” definition (i.e. contract worker). Some states have very strict and complex definitions on what a worker is and some people do not meet the criteria. It may be that WorkCover WA is disputing liability based on that definition…?
We would strongly advise you to seek immediate legal advice, given the difficulties you are having. If you don’t know where to start or go, check out Shine Lawyers, which also have an office in Perth. Initial consultations are free and they take on cases on a no win no fee basis. This is a good way to find out if you have a case and if you do to engage them (or any other reputable personal injury law firm).
We advise any injured workers to seek legal advice sooner rather than later! Unfortunately the workcover system is set up in such a way that you’re basically ‘lost’ and ‘walked all over’ without legal representation.
Apart from that, ensure you keep meticulous records from all your dealings with workcover and Allianz, as well as with your employer. Keep all communications in writing (email is fine) and keep a diary. Witnesses and witness statements are also very useful in cases of bullying.
Hope this helps a bit. Good luck and thank you again for sharing your story!
General info
Workers compensation in WA
WA’s state government statutory authority responsible for the regulation and administration of the workers’ compensation system in Western Australia. See www.workcover.wa.gov.au
Workers’ Compensation and Injury Management Act 1981
See all Legislation administered by WorkCover WA here>>
Who is entitled to pursue a Workers Compensation Claim in WA?
To pursue a Workers Compensation Claim in the state of Western Australia you have to be established as a worker by the insurance company and your employer. You also have to have sustained the injury in the workplace in Western Australia.
Workers Compensation Claim in Western Australia are managed by WorkCover Western Australia.
What are my limitations in WA?
To pursue a Workers Compensation claim you must report the accident to your employer straight away and see your doctor for diagnosis and treatment of your injury.
You must lodge your Western Australia Workers Compensation Claim within 3 years from your date of injury, if longer than 3 years you will not be entitled to make a claim and your claim will become statue barred.
What legal entitlements that I should receive in compensation?
After your claim has been accepted by WorkCover Western Australia, the entitlements that you may receive in compensation will include a percentage of your wages, and medical treatment approved by WorkCover. Please keep it mind that WorkCover Western Australia can cut your repayments significantly after a period of time while on Workers Compensation in Western Australia. WorkCover Western Australia may also pay for your medical, hospital and rehabilitation expenses.
When can I pursue a Common Law Claim?
To pursue a Common Law Claim in the state of Western Australia you need to have lodged you statutory claim through WorkCover Western Australia and has been accepted. To pursue a Common Law Claim liability has to be established that the accident was not caused by you or you were not at fault. You need to have sustained an injury that may leave you with a permanent disability and have incurred medical expenses.
Seeking advice about pursuing a Common Law Claim is definitely a positive and necessary approach to take as the insurance companies do not take your past and future losses into account and also pain and suffering which can be done in a Damages Claim.
See all our information about Workcover WA here>>
Shortlink: http://aworkcovervictimsdiary.com/?p=9074
“We would strongly advise you to seek immediate legal advice” is sound advice.
I know that when my claim was prematurely declined I was forced to go the the Workers Compensation Commission and fight. In the meantime, I had to rely on Centrelink. Don’t expect the government, WorkCover, or insurers to give a toss.
http://workers.labor.net.au/251/news84_bullies.html
A security company employee who blew the whistle on a rampant bullying has had a win over insurance company attempts to deny him compensation.
Insurance company CGU accepted full liability after initially denying that bullying had left John McPhilbin with prolonged adjustment disorder.
McPhilbin’s stand against bullying at Chubb Security grew into a widespread union campaign to tackle the emerging workplace safety issue.
He addressed the launch of the Unions NSW Dignity and Respect in the Workplace Campaign in September last year, when his recounting of his experiences left many in the audience visibly moved.
Medical evidence showed that McPhilbin is suffering from a “prolonged adjustment disorder with anxious and depressed moods resulting from the hostility he faced at Chubb”.
“I feel vindicated,” says McPhilbin. “I had to personally establish that there were guidelines that Chubb and the insurance company ignored at every step of the way.
“It was me who had to point this out to them. I was opposed at every step of the way.
“The way it was managed made my situation increasingly worse.”
It’s really shocking that you had to point out the relevant guidelines and the breaches thereof – fully sick! Especially when you’ll unwell and just fighting to stay “sane” amidst the insanity of it all. To say that the way insurers (and many employers) handle injured workers gravely compounds their well-being would be an understatement. They make us SICK.
Remember to read the bullying guide for workers.
well the name ALLIANZ has reared its ugly head again mmm
Hey Guys, thanks for all your help, however this mess gets a whole lot worst, I dont want to say to much yet but if someone from this site can give me call I will be happy to explain even further.
For some strange reason i have tried to upload a number of files of even more evidence but it just wont let me?
Hi Geoff, you can only upload PDF documents etc on our Share a story page – if you run out of “upload space x 2) do it again (another message). Alternatively you can use our blog email in all confidentiality (‘info@aworkcovervictimsdiary.com’). It would be interesting to see the rejection letter (for liability) from Allianz!
[Regular comments sections only allow you to upload small stuff like images, but no PDF docs - we do this to prevent spam & overload on the system
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Thanks for that, I have sent a number of docs. have a look at them and tell me what you think…..you wont believe what else I have coming soon I hope
Allianz from what I can tell are disputing liability on the basis that I “Perceived” my demotion what a joke.
But you even have evidence in the legislative counsel’s transcript that you were demote – for God’s sake
Not only the legislative counsel, but I have many Medical Expert Practitioners supporting me, yet Allianz and Workcover WA continue to deny my clam, (UNLAWFULLY) put simply its corruption gone mad, they don’t care, they think they are a law unto themselves and they do whatever they want to do, but the good thing is Im not going away, I have fought this for too long and been through so much pain, however I feel the tied is turning and its web sites like this and people standing up, that can make a difference.
Check out our new resources page about claiming for stress under workcover – it may help answer some questions as why they make it so damn hard…
If your stress condition is caused or aggravated by work, workers compensation is available.
There is, however, an exception in the WorkCover legislation (VIC) which is often misused by employers and claims agents to reject work related stress claims.
The exception generally provides that workers compensation is not payable if the stress is predominantly caused by:
The scope of this exclusion is quite narrow for the following reasons:
Read more>>
WOW….same as in WA…..however I have emailed this web site with some good news on 2 cases in WA in relation to that. thanks for your comments
Hi Geoff, thanks for your documents, we’re perusing and will publish as soon as possible, thank you for YOUR support – YOU are making a huge difference to countless injured workers too by sharing your experience and documents and showing your courage. It also allows us to digg into the issues at hand more deeply and raise more awareness. Stay tuned and maintain the rage
Dear Geoff, thank you for all your emails… we are speechless! We can just imagine that you must be feeling like you are in HELL at the moment. Whilst all this cr*ap is going on, please ensure you obtain good medical treatment and support – YOUR health comes first and SHOULD ALWAYS come first no matter what.
Your “case” is real mess and the way you are being treated by your employer, workcover WA and by- by the looks of it – by your own lawyer (or former lawyer) is disgusting and enough to tip anyone over .
Unfortunately – as John McPhilbin says, psych injuries can make people act against their own best interests. In other words, they are easy targets which insurers feel confident in denying claims and even their own legal counsel can write them off. I think the best advice is for persons in this kind of situation (hell) to get the medical attention they need and comply in order to help stabilise their condition – it is only then, when they are more stable that people may take notice.
Too often those with psych injuries play into others hands when they behave what may appear erratically or with what may appear as abuse because of their distress – but this turns people away- the very people who can help.
As we know, the system sucks anyway which makes it all the more harder to take.
Hang on, Geoff and know you are in our thoughts.