Where do I start. Well I was working as an Administration Assistant in 2005 I had a workstation made from an old desk and a desk return at my feet under the desk I had open Telecom cables and to my left a large hard drive box on the floor. I had a little room to move and constantly twisting to try and reach a keyboard that was pushed and fixed to the left hand side of the desk. I had to keep twisting to move the keyboard and what made matters worse they hard wired the keyboard in and I couldn’t move it, so twist and reach twist and reach….
Injured worker called fat lazy female in court – WTF
You may have seen the Workcover Ad of a new employee being told to sit at that desk there it will hurt your back you will be in terrible pain and ruin your life. Well that Ad we feel sure was about my case. I was a new employee complained from the start kept a diary of all the complaints. Was told by the Office Manager to get on with my work and that no one else has ever complained. The gas lift in the chair was broken I was told to find another though they aren’t much good either. After 4 weeks BANG an agonising sharp pain shot through my back. To cut a long story short I had herniated a disc. Had time of work told by the Office Manager to put in a Workcover claim explained I need my job being a new job as well told not to worry. All recorded in my diary. The start of a claim that was rejected until we went to the Conciliation Service and I got my claim. Everytime I see a Allianz Ad on telly I shudder. I have been abused, called a liar told by my case manager that to be quite honest it would be better if I killed myself save her paperwork and a lot of trouble. This after she saw I was suffering Major Depressive Disorder (workcover and pain related).
Well guess what Im still here and Im not going away. They cancelled my Workcover payment in 2009 saying that I could work dispite Dr’s,surgeons reports saying no but they found an Employment Agency to say I could. I have been without Workcover/Centrelink since 2010 as I couldn’t cope with forms and going over the same old story and paperwork. My mum and dad have been giving me 50.00 a week from their pension. I have been told by my solistior to hang in there. Well May 2012 it finally went to court for negligence or did it. I turn up to court sit in a court office for 2 weeks with my 2 barristers grilling me and putting me through the ropes as this will get far worse in there (court) I was told. The last day before court I collapsed went home with my parents and dreaded the next day for court. We turn up to court they had organised a jury. They paraded the Office Manager in front of me (I was told I would never see her trough the process. The barrister for the other side walked past us with her and said “this is an easy and simple open and shut case” then turned and glared at us. This is the same barrister that threatened my solicitor on 2 previous occasions to drop the case and also stood blatantly across from my pensioner mum and dad and glared at them. He also told my solicitor that they will crucify me if I didn’t walk away. We were called into court all sat down and the other side said they haven’t had enough time to prepare and don’t think there is enough time left in the court circuit ( 2 wks) to hear my case. The judge said if it will cause you embarrasment we will adjourn until next circuit. That was it we were all dismissed.
About 2 weeks before the next court circuit which was to be July my solicitor rang me. He felt along with the barristers that we couldn’t win the case as the Office Manager was denying all knowledge of any conversations with me pertaining to my injury. The Insurance company surgeon had also said I had illness phobia and I was to stop walking with a limp and not to use a walking stick. I have difficulty walking Im in pain nerves are damaged in my back and leg. I’ll just fall over then shall I. The solicitors bills came to 150,000 that he said he would cover as I had no income,savings or superannuation. So that was it they had won. Wheres the justice I have 2 serious injury certs and a judge had previously agreed it had happened at work. So my life went on.
Until 6 wks ago, I get a call from the solicitor to say they feel they have a chance of winning a case of workcover payments until Im 65 and back pay since 2009. How shall I pay for your fees I say they say don’t worry when we win we will take the fee from that money. Light at the end of a very dark tunnel. The other side mean while come back and say they will pay me back pay from Oct 2009 to May 2012 and that its it if I disappear. I thought I had had a hit put on me disappear! Not bloody likely. You have made my life hell for 7 yrs no way. The solicitor agreed and said he will be asking for back pay and pay until Im 65 and if I get it I will make damn sure I will last until Im 65.
I haven’t heard anything back from the solicitor and the court circuit was over in Oct 12. I rang and was told its not being heard in court till 3 Dec 12. Which means by all accounts (as the Receptionist explained ) both parties will sit down and have a chat.
Which I wasn’t overweight until I had my accident.I was a healthy weight very active into walking and cycling. I was 39 my own house very independent, healthy happy life and soul of the party. Im now 46 and sold my home in the 1st year of illness I don’t need pity just understanding that this wasn’t my fault that I reported on many occasions that I was unhappy with my work station. How can the other parties lie and get away with it.
I hope my situation will give others hope and you can be a Workcover Survivor
Thank you for taking the time to read my situation