Injured worker has one foot in the grave,case manager has backhoe to dig faster

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.

Working alone I had a improperly installed Rack mount UPC and larger server fall on me while on a 2 step ladder stool , the kitchen cupboard was full of cases of paper that fell on server,  open the door and it fell at my face ( 300 kilos roughly total 7 ft off the floor) I caught it in the wrists, arms, shoulder and twisted my head back and back to avoid lacerations from edges,…

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?

I ended up reporting it again with forms filled out , the pain was to great , original injuries , both wrists , elbows, right shoulder , neck maybe , stress and depression , GP looked at me and sent me to physio first , no scans nothing !! Went to physio who found damage to the above items.

She stopped seeing me after a few visits , and shrink did too , the insurance company wasn’t paying !!!

EML so I had claims in limbo disputed by my company , used all my sick leave, holiday pay saved up for 2 years and put on interim payments and left to rot for 8-9 months in pain with random harassment from each new case manager ( went thru at least 5-6 first year) no contact for help from anyone

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 !!

Lost all friends, tried suicide and think about it often , fresh immigrant now citizen who didn’t know the rights ? Etc , lawyer packed it in 3 years into it wrote off 24,000 bucks , too hard basket he wanted quick turnover and new laws said I wouldn’t get much payout to pay him off , so many IME , shonky on EML payroll doctors reports , contested every step of the way , approved now , severe PTSD/ depression/ anxiety.

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.

I live like a hermit now, wont leave my house except doctors and food , I live at the beach haven’t stepped past my sidewalk and I used to walk the 8km daily before injury , fear of breathing wrong and loosing whats left of my income , no friends anymore , nobody likes to speak to me , they told me I’m different person now and very negative , depression is so bad now I pass out from overload mentally if I sit down ,…

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.

No lawyers will help without cash up front .

( 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.

My doctors ask how much money would be enough , I wish I was never hurt in the first place , I pretty much have 1 foot the grave already and EML has a backhoe to dig faster.
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.
And sadly I would have been laid off the company cut backs closed almost all the offices so I lost redundancy pay as well and back holiday pay is still wrong.


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.

Psychological Support

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=’’]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
  • paraplegia
  • quadriplegia
  • severe lacerations
  • severe injuries arising from electric shock
  • any other work related injury giving rise to an imminent risk of death

WorkCover Lawyer

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.


Hope this helps a bit, mate. If anyone of you out there has an idea, suggestion, please holler! Troy NEEDS HELP TODAY!


[Post entered entirely by T on behalf of workcovervictim]





4 Responses to “Injured worker has one foot in the grave,case manager has backhoe to dig faster”

  1. Update , new case manager yet again
    Called to hassle me yesterday
    Tribunal post poned 5 times
    Advocate wont return calls from doctors or myself
    Till today , he threw me under the bus and backed over me twice !! and wants medical
    Panel so he can get paid , threated me to quit my case and leave me high and dry, penny less and dumped off to centrelink for breaching workcover law, my doctors think im at the point of no return mentally now the nonstop abuse and lack of care
    As created such a bad ptsd etc affect even if no physical injuries
    Im most likely damage for life !!! But sadly SA doesnt care about mental injuries they are non compensable only medical help
    Eml has contributed to make this all about the mighty dollar and not about helping me recover , just harrassment and threats by hired guns
    And praised his good work for the past year
    lost another doctor to making no headway
    Still have to use medicare for treatments in limbo for workcover
    had a breakdown today and just burst into tears , thinking a nice swim in the washing machine ocean would be better then a life dumped on centrelink just to loose every last item i have ,
    Already lost love of life, wife, new house, detached from job, all friends, and damn near loosing my car weekly due to low pay on wc , no super contributions anymore , had to pull some out to live and all my hobbies gone !! If it wasnt for my galah I would be dead now, but her little kiss and love of me keeps me plodding along but its pushed me into the wall now and in a month i could live in a box , broke . Lucky country ? I immigrated to be a part of it and now the country laws has kicked me into the gutter and pissed on me , how can SA hitler tatics and laws punish injuried workers to this point ? No compansion
    I would be curious to see how much cash eml has dumped into the fight !! Using one of the most expensive firms available in SA
    Would shine be worth it or is that just another wrench in the case?? need info asap
    help help help !! Crying out
    The only

  2. OMG! I dont even know what to say here. I am completely lost for words except to say this…hang in there buddy and know that there are people here that get where you are coming from. You are worth a lot more ( a LOT more!!! ) than you think you are right now. I just don’t understand why they have to put people through the stuff they do:( I wish you all the best mate and hopefully with all the resources workcovervictim gave you you will be able to find the help you desperately need and deserve!! Cheers:)

  3. Update and apologies, Troy currently resides in SA.

    Troy, you may wish to connect with the Work Injured Resource Connection – South Australia for support and Guidance. MRs Ferguson Mc-Kenzie is a legend and very well known (also at gov level) when it come to helping injured workers in SA

    Work Injured Resource Connection, run by Mrs Ferguson-McKenzie.
    P.O. Box 17
    South Australia, 5007

    Ph: 08 8410 0121

    Currently we only have limited info available for SA under

    However we have posted quite a few articles (search under tag workcover SA

    Re lawyer, please contact Mal Byrne if  you are based in South Australia (Adelaide), he is a Consultant lawyer specialised  in workcover injuries

    Mal Byrne on (08) 8250 6668 and we have already referred some people to him who are very happy.


    workcovervictim June 25, 2012 at 5:18 pm
  4. And if you sue for personal injury or sexual harassment you can get millions. Sort of says it all doesn’t it Troy. The lesson here for all of us is now to avoid Workers Comp and sue for strict negligence with punitive damages. Your story is heartbreaking and a clear case of abuse of human rights.I hope you take the advise of WCV and things improve for you, you are not alone.