For whatever obscure reason workcover case managers are drilled and brainwashed time and time again to believe that just about all injured workers are up to no good and are only looking for a free holiday. I always tear my hair out at this sickening and totally unsubstantiated statement.
A workplace relations and safety lawyer warns that employers must make it very clear to injured workers that modified work arrangements are only temporary, or risk breaching contract laws and facing unfair dismissal claims.
Some states use Nurse case managers, don’t be fooled as they – like ordinary case managers- are not your friends. They are hired by worker’s compensation insurance companies and routinely attend actual doctor visits with the injured worker
A recent Court of Appeal decision in Victoria has confirmed the long-held view that once a Serious Injury Certificate is obtained, workers can seek damages for all injuries sustained in the same compensable circumstances.
Being subscribed to the NSWforALL website, run by Unions NSW, I wasn’t quite sure what to make from this email, announcing a “real win for NSW workers today” with regards to injured workers and paying for their own legal costs.
Australia’s workers compensation system lacks any social justice program to assist injured workers who face financial stress, unemployment, lack of food, personal bankruptcy and family breakdowns, says the founder of an Adelaide emergency food project, Rosemary McKenzie-Ferguson.
Further to yesterday’s article Employers fume as injured worker wins unfair dismissal case, we managed to digg up the case involved –WorkPac Pty Ltd v M Bambach  FWAFB 3206 (31 May 2012) – which clarifies the meaning of “continuous service”. Fair Work Australia full bench has confirmed that a worker who was employed for less than three months, before being absent for more than a year because of an injury, is protected by unfair dismissal laws.
We know we have discussed this topic ad nausea, however in a recently (anonymously shared) legal matter, the defense lawyers obtained conversations, photos and video about the injured worker when their paralegal “be-friended” the injured worker on Facebook. They intended on using this information against the injured worker in court during a common law damages claim.
Another very brave injured worker shared his disturbing story with us. He was severely bullied in his workplace to the point where he was shot with a staple gun by a fellow employee! His workcover claim was initially denied, courtesy of a very biased ‘investigator’s report’. With the help of a law firm he finally managed to have his claim accepted, only to discover that his lawyer had coerced him to sign an “agreement” and since then the poor and exasperated injured workers has been going through an all too familiar nightmare of insurer’s bullying tactics, delays and denials…
In this disturbing workplace bullying legal case (QLD) a worker’s supervisor communicated “unprofessionally and inappropriately”; however FairWork Australia did not think that the supervisor’s inappropriate and unprofessional communication style amounted to workplace bullying and harassment!