Yesterday, a workcovervictimsdiary recieved yet another nightmarish story and plea for help from a psychologically injured worker [S] who is dealing with Q-Comp in Queensland.”Can anyone tell me how the heck I can get these people to award a fair weekly rate of pay for my sick pay as I am going out of my mind and I am trying to live on $150 a week…”
An injured workers nightmarish story and plea for help
I was injured in 2010. I was rejected by WorkCover after the case officer verbally told me on the phone in front of my partner that he was approving my claim but said please don’t tell anyone until he issues the letter. Then for months he denied my numerous attempts to send him more supporting evidence whilst giving my employer a million extensions for example to go away for the weekend boating!
He also took count them….142 business days to render the decision!
I then went to Q -Comp and the decision was of course overturned.
I then got [J] back on the phone with me at workcover QLD and because mine was a psychological [injury] over time very bad bullying case involving a physical assault also.
I was -as part of the bullying- not paid my proper wages and by the time of my injury. I was paid only [less than $5000] from May to Dec as General Manager of a company that turns over millions of dollars.
Because of poor cash flow and also bullying the owner did not want to pay my back wages after I lodged a workcover claim and even denied I worked for his company.
Workcover found me to be a worker even though my boss denied this and tried to say I was a contractor.. I don’t even have an ABN.
I had labourers earning 1500 per week at the company doing manual labour. Anyway the story gets better now as I have WorkCover telling me they will only pay me [less than $200] per week as my weekly entitlement.
I then go to Q Comp for a review and then I have all my witnesses make statements then after they give them to my employer my employer approaches witnesses trying to get them to take back their statements by offering money or intimidating.
It worked with two of my six witnesses. One took money and one got scared to death and changed his statement.
Do they do the right thing and apply a correct wage for me to be back paid to [month] 2010 up to today??? No the lady then drops my Normal Weekly Earnings in a decision variation and I am now on [<$200] per week…… This is after I have my employer lying. cheating and corrupting to avoid being a responsible employer…
So now I have no money for a lawyer, I have mainly former employees witness statements regarding my wage because my boss has destroyed documents and I have Q Comp and WorkCover telling me that even though I have been accepted as a full time employee of the company and a General Manager that [,$200] per week is “Fair”
I have a court date at QIRC for my case re my rate of pay to be heard in June.
I HAVE TRIED TO KEEP IT VERY VERY BRIEF HERE I HAVE NOT EVEN TOUCHED ON MANY MANY NIGHTMARISH THINGS I HAVE BEEN THROUGH JUST TRYING TO GET BETTER IN THIS SAD SAD SYSTEM.
I am normally a very balanced and happy person. This has nearly destroyed me. I have been diagnosed even by WorkCovers doctors with Debilitating PTSD and severe anxiety. I just want to get well and I don’t know whats been worse… please help any advice is very gratefully welcomed.
Aleluja, S, what a horrid story!
We note that you have a court date in June [at QIRC] to get a hearing about your current “weekly payments”. Have you got legal representation for that hearing?
If not, we urge you (and anyone else in a similar situation) to immediately get yourself decent legal representation (a lawyer specialised in personal injuries). We can recommend[popup url=’ http://www.shine.com.au/’] Shine Lawyers[/popup], who have offices in Queensland. You can also call John Typaldos (in Vic, see right handed sidebar for details) and ask him to refer you to the most appropriate branch in Queensland.(Tell him you got his details through our blog).
Most workers compensation lawyers, like Shine Lawyers, operate on a no win no fee basis. This means that you do not have to pay them and that payment will only be made if and when your claim succeeds. However, you would need to discuss your case with a lawyer first (free consultation) to assess whether you have a “good case” and what you may expect in terms of legal help and compensation.
The most important part, for you, at this stage, is to sort out your weekly payments. A lawyer will be able to assist you with this. Some unions can too (i.e. Union Assist). For information about weekly payments, refer to the Act (legislation QLD) which should be available on the [popup url=’http://www.workcoverqld.com.au/ ‘]workcover QLD website[/popup] (i.e Acts and Regulations).
Until your case is heard (and the weekly payments agreed to), we don’t believe there is much you can do apart from approaching Centrelink (please read our article)and /or unlocking your superannuation (please read article) in order to obtain the urgent financial assistance you clearly need.
In addition to that you should be aware that you can approach a pharmacy and have set up an account for you. This way the pharmacist will bill workcover (Q-Comp) directly and you won’t have to pay for your medication upfront. Most injured workers have such an account/agreement. Also, ensure that your doctors and specialists bill workcover (your insurer) directly so that you don’t have to pay any money upfront (and claim it back).
Hope this helps a tad, and perhaps our readers will be able to give you further advice and tips…
Please, folks, help us support S!