Workcover Vic is a litigant which loses at least 80% of the applications it contests!

vexatious-litigant

Mmmh, we believe The Age is spot on, and we would dare go a little further and call workcover Vic (and possibly many more workcover authorities) a vexatious litigant! And considering the magnitude of its profits!

Workcover Vic is a litigant which loses at least 80% of the applications it contests!

WorkSafe Victoria a habitual litigant, says chief judge

The County Court’s chief judge has warned WorkSafe Victoria to be more realistic about its legal battles against workers applying for compensation, which he says are putting pressure on the court.

Workers claiming compensation from their employers for an injury sustained in the workplace must first apply to WorkSafe to determine that it is serious.

Chief judge Michael Rozenes lashed out at WorkSafe in the court’s annual report on Tuesday, criticising the number of challenges it mounts.

He said WorkSafe had challenged 228 of the 302 serious injury applications concluded in the court in 2012-13. Claimants won most of these contests.
”The VWA is a litigant which consistently loses at least 80 per cent of the applications it contests,” he said.

”I continue to hope that in the future greater consideration is given, and a more realistic assessment of the prospects of success conducted, before litigation that is both costly and time consuming is proceeded with.”

A WorkCover spokesman said more than 90 per cent of more than 2500 serious injury applications in 2012-13 were resolved without the need for the court to consider the applications.

Source: http://www.theage.com.au/victoria/worksafe-victoria-a-habitual-litigant-says-chief-judge-20131126-2y83l.html



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10 Responses to “Workcover Vic is a litigant which loses at least 80% of the applications it contests!”

  1. hi all,
    just a quick question and hope someone can help?

    Once a work capacity decision has been made and the payments are transitioned up, how long will the new payments be paid for?

    I have been transition up , can I expect the payments to go until I retire?

    Thank you all for your help

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  2. Proud to say I was one of those cases that they lost.

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  3. Proud to say I my claim was one of the ones they lost.

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  4. The above story points to serious cultural issues within WorkCover Victoria / WorkSafe and within its legal department. It would seem they have adopted a “win at all costs” approach and that they have forgotten why the Scheme exists in the first place: to assist injured workers.

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  5. @Concerned,

    Couldn’t agree more with “that they have forgotten why the Scheme exists in the first place: to assist injured workers.”

    The Workers Compensation Schemes around Australia are all controlled by the same multinational or national insurance companies. That is why injured workers from all over this once great land are reporting the same corrupt behaviour by the insurers, irrespective of the State in which they live.

    Anyone who has had any dealings with WorkCover can attest to how wasteful, inefficient and corrupt the system is. It works fairly well for the short term injured (3 months or less)

    BUT once you get over the magic 3 month mark – you get hammered and all of a sudden, every injured worker apparently transforms themselves into ‘a mortal enemy’, ‘a malingerer’, ‘a bludger’, ‘a liar’ and ‘a cheat’

    Rather than being assisted to rehabilitate and hopefully return to work, we injured become ‘assets’. Assets that every blood sucking, money grubbing, low-life piece of shit, arsehole Doctor, Rehab Provider and Lawyer starts milking and keeps milking until we either walk away, top ourselves or take a small settlement ‘to escape the constant harassment’.

    Insurers get bonuses for achieving Return To Work targets (the magic 3 months). The major part of their income comes from a percentage of the total cost of the WorkCover Scheme to manage the claims (depending on the number of employees covered by their respective businesses).

    SO GUESS WHAT. THE MORE THE SCHEME COSTS THE MORE MONEY THEY MAKE!

    So it suits the insurers to keep the costs high.

    AND the insurers can blame the apparently self transformed malingering injured works for the cost blow outs of the Scheme.

    No care, no responsibility and get paid handsomely to do it all.

    Fuck me, I do not know of any other business model or industry that gets rewarded for being so fuck-witted, inefficient and corrupt!

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  6. Insurers get bonuses for achieving Return To Work targets (the magic 3 months).

    Wow …. this makes sense now why the insurance company and 3rd party people start my first RTW way before I was ready, and why the insurance company was so upset when I pushed the point that the RTW was not only way to soon but even against their IME recommendations.

    The more I read from this sight the more I see how unfairly they have been treating me and to see so many others taken advantage of really is upsetting they must have a large amount of people just walk away from this disgusting practices as like most of us are pushed to the edge of reasonable treatment of not only our work place but there insurance company’s and associations really is the lowest type of scum sucking pigs.

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    ptsd_workcover_victim December 6, 2013 at 8:27 pm
  7. I’ve discussed the “bonus” issue with a lawyer that works directly for a WorkSafe agent, who denied the existence of bonus schemes for closing files, but it is hard to believe considering the behaviour of many case managers, technical managers, team managers and claim managers – the whole crew act like injured workers are taking something away from their pockets by being unable to work! Or is it that part of the criteria for getting a job there requires you to fail a psych evaluation? Perhaps they only hire the most immoral, unethical and corrupt personality types. Unlikely – there must be some incentive to “condition” these employees into behaving as adversarially as they do – that is, the ones that stick around long enough to get promoted.

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    Protect Yourself December 7, 2013 at 11:03 am
  8. mmmm a job at worksafe us mongie”s would never be employed by them we’ve got a bit of grey matter up top then again if i’m nice and not call fish face fish face i might be in with a chance

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