Yesterday we received yet another nightmarish story from “Troy”, a SA based injured worker who is spiraling into complete isolation and who is really, really desperate for help. He says no lawyer will help him without cash upfront and he feels like he is left to rot…”I pretty much have 1 foot the grave already and EML has a backhoe to dig faster…”
Injured worker has one foot in the grave,case manager has backhoe to dig faster
I don’t even know where to begin my saga.
Working in IT driving to 23 offices state wide daily , (57,000km a year of traffic mostly in town ) job was fine but heavy workload and long hours , sole IT support for 300 people , stress started to wear me down and a car that had a mind of its own ( first camry off the truck in Australia) so many KM and the new car would coast when floored to go thru traffic , and other times I had to shut the engine off , it was still accelerating at 140 with my foot off the pedal !!
Full brake failure at 20,000km , so new they had to rip parts off a showroom car !! they changed the computer a few times ( all this is before the USA recalls) so driving was stressful as hell, I reported this to my managers on a weekly report for a year plus , they just deleted that part , my life was at the whim of a car daily , Toyota threw up there hands and couldnt fix the problem but it scared the head mechanic when I took him for a test drive at speed , so stress reported to my new manager , who resigned a few days later, reported again to replacing manager , lectured me on reporting and my future job prospects in the company , I applied for a position fully qualified for and denied interview by same manager afterwards, he resigned next manager reported issues and overwork load, ongoing for 2 years almost now.
the items were stopped half way down the cupboard and managed to force them back in the cupboard ( no small feat but I was in shape) no witness’s since it was about 5 and only one left was in meeting and no help , I left in pain but unsure of the damage done to my body ( think I was in shock maybe ) or adrenaline , reported to manager in Sydney and Adelaide , had the manager in Sydney say my job would be in jeopardy if reported as WorkCover?
She stopped seeing me after a few visits , and shrink did too , the insurance company wasn’t paying !!!
My wife and I just bought a new house and used but new to us car during the two years before that , she had her arm crushed in accident at work ( yet another issue ) the stress financial , social isolation incurred was immense , sold our brand new house , she left me , car loan still issues , bank work refinance on workcover to lower interest !!
Both elbows, right shoulder , 4.5 years on now still no wrist help and have to find help on state run medicare bulk bill , left shoulder failed now for over use, back has progressed to severe pain and numb limbs , the medication I was given for depression etc took my everyday gym body to gain 50 kilos !!! and my vitaligo which was completely dormant since age 6 and only minor spots to spread like wildfire all over my body ( found info that stress and serotonin can trigger it ?) depression meds , cymbalta caused my head to pound like icepick on the inside of my skull never use it !!
Ive had and caught private investigators following me a few times ( took photos of them lol and took rego # down) not doing anything but going to doctors appointments , then they sat outside my house for days every few weeks ( google earth caught them in a sat photo lol ) new claims submitted Left shoulder, back again , weight gain, vitaligo, all denied of course , wrists still not approved.
doctor gave me modavigil , legal speed !! its some mystery medication not a lot of info on it exists it isnt a high but clears my focus a bit (300 bucks a month ) and still struggle on bad days , excessive weight gain , no clothes or finances to replace I found shorts and wear everyday even in cold winter days nothing else fits, my car wont fit now the seat belt is too short , had it modified but not safe .
My physical state is getting worse not better , nerve damage etc , I found a workcover advocate to take my case after no other lawyers wanted it ( always money $$) well now he is doing the same thing and even overriding my wishes on matters , my case was in limbo and he asked for panel option after i told him not to because of horror stories and my mental frailty now , he is pursuing it and asked my shrink to attend as well ? To me it serves no purpose since they wont give payouts to get you off the system they want you on centerlink which would be a death sentence financially to me and even more stress and social outcast stigma ( I’ve worked since age 15 full time 40-something now).
I feel stuck the advocate can’t be fired or I’m left cold.
( I live with 20 bucks a week left if I’m lucky ) don’t smoke drink or gamble either.
Tribunal looming in aug again , panel looming soon too.
My great move to the lucky country has destroyed me , I’ m being held captive by EML scare tactics on cutoff payments etc ( never miss any appointments ). Political mess on workcover laws reform.I want to move to complete isolation now , no trust of anyone , past co workers mock me if I see them in shop, so I don’t go at normal hours.
This is the sugar coated version of my hell , help (Erin) !!
Thank you so so much Troy for having the courage to share your story, and – more importantly – for having the strength to reach out and seek support!
We can only begin to imagine what you are going through, and the sheer hell you are living in. Our hearts do go out to you, mate, and to so many other injured workers who are in all too similar situations.
However, don’t despair! Help and support is available. With the right guidance and support we are quite confident that your situation should improve. We believe that one of the most important things for you to focus on – at this stage – would be to regain your self-esteem. You are a wonderful person and you are a warrior, you must always believe in yourself [this is what Erin Brockovich told me personally].
May we suggest, given that you live in SA, you hook up with the Work Injured Resource Connection, run by Mrs Ferguson-Mc-Kenzie, who is very well known in the “field”.
Work Injured Resource Connection, run by Mrs Ferguson-McKenzie.
P.O. Box 17
South Australia, 5007
Ph: 08 8410 0121
Injured Workers Support Network (NSW)
May we please suggest, if you live in NSW, you hook up with the Injured Workers Support Network, with whom we work closely.The Injured Workers Support Network (IWSN) have injured workers support groups in Sydney, Newcastle and Bathurst -meetings are listed on the IWSN website. These meetings provide a decent environment where injured workers can come together for some peer support from people going through similar issues. You can call them on 04019402775. They will also be able to organise referrals to an appropriate (and anti-workcover-yeah!) fantastic rehabilitation service provider,and psychologist who may be able to help you rebuild your self-esteem and work with you to get you back in shape, in a most injured workers-friendly and empathic environment. You will also be able to meet and make heaps of new and real friend who totally understand you.
Injured workers Forum
We were also going to invite you to hop into our injured workers’ forum, but noticed that you already signed up yesterday, good on you, mate and we look very much forward getting to know you and supporting you as best we can. With 400+ members and some really awesome folks, you’re sure to find some genuine support, interaction, friendship, and also a good laugh now and then.
We believe that psychological counseling is important and that the sooner you get it the better. It will help you “deal” with your “situation” and help you cope and it’s also very good for the purpose of documenting the impact workcover has on you (i.e. harassment, bullying, intimidation by workcover agent, case manager, rehab provider, employer etc.)
For those with a claim there is , in NSW -counselling available of 8 sessions without any questions asked so long as you get a referral from your nominated treating doctor… well that was the case before the [popup url=’ http://www.parliament.nsw.gov.au/prod/parlment/nswbills.nsf/131a07fa4b8a041cca256e610012de17/5d4f0aa2626487d8ca257a22001b5a55?OpenDocument’]new nazi bill[/popup], but it may still apply now whilst the bill is “assenting”
If you are under the assistance of a return to work case manager – in NSW- they should recommend this, if not get the GP to call the insurer direct.Those who have claims in dispute can access free counselling again via the GP under a mental health care plan.
If you have a GP mental health treatment plan your GP may refer you for Medicare-subsidised sessions with a psychologist, or an appropriately trained doctor, social worker or occupational therapist. A psychiatrist may also refer you for Medicare-subsidised treatment with a psychologist, an appropriately trained social worker or occupational therapist. You may receive up to 12 sessions of individual therapy in a calender year (in NSW). An additional six sessions may be available in exceptional circumstances.
WorkSafe can pay the reasonable costs of psychology services to assist a worker in the rehabilitation of a work-related injury or illness, following the provision of a written referral from a medical practitioner.
WorkSafe considers psychology to be a referral service. A referral from a medical practitioner (your GP) must therefore be provided prior to commencement of psychology services.
What WorkSafe will pay for
WorkSafe will pay the reasonable costs of psychology services that meet all of the following criteria:
- A medical practitioner has provided a referral for initial treatment (excluding family counselling)
- A medical practitioner reviews the service regularly
Further services remain subject to regular review of the injured worker’s progress by a medical practitioner. The service is in line with the principles of the Clinical Framework for delivery of psychology services to injured workers.
WorkSafe can also pay for group consultations by psychologists. Group consultations may consist of between 4 and 10 workers receiving a face to face service.
WorkSafe will pay for the reasonable costs of family counselling services up to a maximum statutory amount (currently $5000 per claim):
- incurred in Australia
- provided upon prior approval from the agent/self insurer
- provided to the family member/s of a worker who has:
- died as a result of a work related injury
- sustained a severe injury under s99 of the Act.
A family member is a partner, parent, sibling or child of the worker or of the workers partner. Parent of a worker includes a person who has day to day care and control of the worker.
What is a severe injury?
- A severe injury which:
- was incurred on or after 1 July 2006
- required immediate in-patient treatment at a hospital
- meets the definition of severe injury under the Act, being:
- amputation of a limb
- amputation of a hand or foot
- severe head injury
- severe eye injury
- separation of the worker’s skin from an underlying tissue (eg de-gloving or scalping)
- severe burns
- severe lacerations
- severe injuries arising from electric shock
- any other work related injury giving rise to an imminent risk of death
We believe in Shine lawyers as they really do stand up for the little guys like us. Erin Brockovich also ONLY trusts Shine lawyers and is their strategic consultant. In fact, Shine Lawyers is a firm who shares Erin Brockovich’s passion for helping people to seek justice when they have been wronged. Erin works with them because she trusts them.
We believe that you should give John a call, he is based in Victoria (and is a SENIOR partner), however he will be in the best position to be able to confirm/discuss with you whether or not you have “a case” and if you do have a case (however small), John will refer you to his best partner in NSW where you are located to take it on. They do not take money up front ever and solely work on a modest no win no fee basis.John Typaldos Tel (Office): (03) 83421999 Mobile: 0409266097 Visit website
If you are located in SA (Adelaide), please consider contacting Consultant Lawyer .Mal Byrne on (08) 8250 6668 . We have already referred some people to him who are very happy.
[Post entered entirely by T on behalf of workcovervictim]