Go On WorkCover, Treat me like a Criminal

treated-like-criminal-by-wworkcover

The following Guest Post, submitted by ‘Mad Chef’ highlights that criminals get better (medical and like) treatment than injured workers…and that injured workers would actually be better off in prison.

Go On WorkCover, Treat me like a Criminal

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Go on, treat me like a criminal

By Mad Chef

WorkCover is making an Ass of the Law

So WC – WorkCover- treats us like criminals. We all know it. Ever stopped to think how much better off you could be if they followed thru?? Go on, do it! Because…

If you locked me up WC – WorkCover- I would:

  • be given proper and timely medical treatment (not fighting 12 months for more surgery)
  • I would be assisted in my daily living (I am not)
  • I would be able to eat 3 meals a day-every day (I can afford 2- unless I shoot my dog and eat his biscuits)
  • I would be provided clothes that were not full of holes ( not even money for the op shop)
  • I would have clean linen weekly (can’t cope doing this as I used too)
  • I would have heating and cooling (I don’t!)
  • I would have running water and a toilet next to me (I don’t but it’s only 50 mt away..up hill)
  • I would be given resources to retrain- without a major battle to obtain these (Not from Allianz)
  • I would have access to a gym, probably a physio, psych help (they’re trying to cut it AGAIN)
  • I would be put into social activities (not isolated at home)
  • I would have my medications paid for (no I can wait from months while they loose my paperwork AGAIN)
  • I would be able to see a GP whenever I needed (back to begging for taxi rides to see GP, 120km trip)
  • I would have access to support services when I was released (not dumped in the gutter when they cut you off)

At least being locked up in prison you can see the bars, its honest – better than being incarcerated in my home (caravan) due to my injuries and WorkCover F***ing me over every day -watching my life being flushed down the toilet by yet another SCM.

So I say to you WC, VWA, ACCS, who are the Real Criminals in all this?



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17 Responses to “Go On WorkCover, Treat me like a Criminal”

  1. @Mad Chef – thank you once again for your insightful and valuable contribution. Your article reminded me of the one I wrote in 2011, during a particular difficult (and low) time …
    WorkCover, please tell me why?
    Tell me why it is that criminals get better medical treatment than injured workers?
    Tell me why it is that injured workers have to give up their rights in order to get the medical treatment they need?
    Why are injured workers second class citizens?

    It is sadly TRUE that many of us would be better off in jail !

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    • they treat us this way because they can. And because they get away with it. And because no one with the knowledge eg. solicitor etc will bother to challenge them. Until ALL injured workers unite and stand together and find someone with the legal knowledge to challenge them on their behaviour, and hold them accountable, nothing will change. So do yourselves a big favour, learn to laugh at them, we know they don’t want you to get on with your lives, we know they enjoy the power they have over us. So people unless you’re prepared to put your money where your mouth is, stand together, and hold them accountable for the damage they do, you are just going to have to find a way to move forward, difficult I know, we are still in pain, we don’t have jobs, etc, etc. I am one who is prepared to hold them accountable but I can’t do it alone, there is a lot more power in numbers and we all know we injured workers are many. So when you’re prepared, and willing, let me know. Until then keep on smiling.

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      • @Just me, and in general: Have you – like me – ever wondered whether you could ‘sue’ your case manager (or the workcover insurance carrier) for acting in ‘bad faith‘? Have you, by any chance, read any John Grisham novels? If so, you probably have heard about successful claims made in America and in Canada against workcover insurers for acting in bad faith. The question is are such claims fact or fiction for insurers in Australia? Bad faith insurance practices occur when a company knowingly and intentionally denies payment of a legitimate claim by using several different tactics. These tactics include failure to investigate claims promptly and thoroughly, delaying and underpaying claims, misinterpreting policy language, and failing to communicate honestly with the insurer regarding claims. A key word in bad faith practices is “unreasonable“.

        Unfortunately, many companies will continue to practice bad faith in hopes the insured will just “go away” and drop the claims… why?
        The Insurance Contracts Act 1984 contains provisions which impute an implied term in an insurance contract which obliges parties to an insurance contract to act with utmost good faith.

        A breach of the implied condition in the contract will sound in damages.

        However, the Insurance Contracts Act, 1984 specifically excludes any application to the workers compensation regimes throughout Australia – how CONVENIENT -not!!!!

        http://aworkcovervictimsdiary.com/2013/08/unfair-claims-handling-practices-in-workcover-insurance-no-tortious-duty-of-good-faith/

        http://aworkcovervictimsdiary.com/2011/10/bad-faith-claim-against-workcover-insurance-company/

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        • Yes that’s exactly right, that’s how they get away with it. That’s also why injured workers must stand up and make their legitiment claims. It’s suprising how many injured workers fear them.

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        • There really really needs to be a Royal Commission and then a Class Action suit against them all. If the Banks can be held accountable (with G&S taking them on), then why not WC?
          Lawyers- Who wants to rise to the challenge?

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        • @WCV, could you sue them for medical negligence?, especially when they override our Surgeons reports etc. because my SCuM knows better!!!
          My 12month+ fight for yet more surgery resulted in this secondary injury being much worse than when the MRI was taken? So What?? that’s my problem (now)
          Thanks Allianz, remind me why I hate you…

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          • @Mad Chef – medical is part of the bad faith – it is intentionally stalling the claim or entitlements to the claim, incl. access to prompt medical (and like) services. Happened to me as well, refused imaging and urgent medical on an acutely infected shoulder (site of injury and many surgeries). I have little doubt that I would have been able to overcome the 1st infection had it been treated within the 3 month widow time-frame. At the end of the day they pay for the (increased) damages, pain & suffering, if you’re ‘lucky’ enough to proceed with a common law claim.
            This is why it’s so important to publicly share our stories – as Erin Brockovich highlighted it is about proving that their is widespread misconduct in the 1st place, to then start a class action.

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      • @Just me – there are a few of us ready to stand up and fight. There have been several people try to get a Class Action together. I think it’s having the “same” legal issue that might be a stumbling block but I’ve thought of many ways that we could approach that. Even ran one idea past one of the top QC’s and he shot most of my idea’s down except one in particular. There was a long silence and he said ” that’s very interesting approach”. I think that is Barrister speak for “it has potential”. It’s also something we all have in common and it would have MAJOR implications for the Scheme and the Agents. What State are you in? I think we should use one of these Union type Workers Support Organisations and have a gathering in person. People will need to be prepared to provide evidence of who they are so we can weed out any PI’s or Claims Agents that might want to participate. I think a Class Action would have to be done on a State by State basis given the Schemes are mostly State based.

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        • Pee’d off
          I’m in NSW. I agree we should be going through one of the support networks. It’s suprising how many injured workers fear the process though – including me to a certain extent. But when I think of what I’ve lost, more than anything, the capacity to do my pre-injury employment, I feel compelled to hold them accountable.

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          • @Just Me – the guy that runs the Injured Workers Support Network (IWSN) is really switched on. Have u contacted them? My fear is a Class Action would need to be a State based affair bc of the differing legislations etc. I guess if what I think might work here, might work there, then the same approach could be taken in each State bc the Legisalations are similar.

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            • Yes pee’d off I have met Rowan. I attended a meeting at Penrith – unions NSW and some Labor pollies were there as well. It was really good to see we have support from some people in a position to be able to help and possibly make some changes to the disgraceful wc system as it stands now.

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    • Dear wcv, I thought we were in jail.

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  2. WCV: Your info. this morning just blows my mind! In practice, by exempting workcover insurers, this means that government legislation effectively encourages workcover insurers to act in “bad” faith? NO WONDER we victims do it so tough. I wonder if this is because the insurer’s (paying) client is the employer – not the worker victim. I wonder if for example, the TAC is also exempt?

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  3. @ Mad Chef, LUV the article – couldn’t be more true! P.S. Make sure you get the Insurer to send you a copy of all of the material being supplied to the upcoming IME before the appointment. Inspect it and if needed correct anything that is not right. Add any information that you want included and send it back to the Insurer INSISTING that your information be provided and listed in the appendix for material to be considered that the IME MUST sign off on. Take a support person to the exam and secretly record the whole thing! Let us know if u need any more help with any of the above.

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