The following write-up was submitted via our Gust Post facility. It summarises the dreaded workcover 130 week cut-off weekly payments well.
We have received a reply to our previous anonymously submitted post, by a very generous lawyer!
Hi there. I’m a lawyer practicing in WA.
It seems to me a highly intrusive and potentially discriminatory question to ask a job seeker if they have ever been on Workers Compensation.
In my view employers (even including State Govt employers) who ask this questions as a matter for course are exceeding the limits of what should be considered an acceptable question, yet this question has become almost standard. I would very much like to see this issue eliminated from all job application forms as being potentially and (if it can be proven) actually discriminatory.
The following article was anonymously submitted via our “submit a guest post” section, for which we are extremely grateful. The more injured workers contribute the better!
Injured workers try to get back to work as soon as they can, however they often face hurdles from prospective employers who see them as a risk, indeed.
Last year (March 2017) an upper house inquiry into NSW Workers Compensation released its report recommending a range of reforms. But at the end of our readings we see that nothing has really changed, or has there?
The Law and Justice Committee report found that the dispute resolution processes – called “dysfunctional” by stakeholders – were “inefficient, caused delays, and resulted in inconsistent decision-making and a system that is difficult for scheme participants to navigate”.
The review made 26 recommendations to make claims simpler for injured workers and for the NSW government to establish a ‘one stop shop’ forum for the resolution of all workers compensation disputes.
Other recommendations clamp down on aggressive covert surveillance by insurers, stop insurers “doctor-shopping” to deny claims and require case managers to have mandatory minimum qualifications and training.
The review also recommends the removal of the distinction between ‘work capacity’ and ‘liability’.
ccording to its chief executive, getting rid of adversarial relationships that undermine an injured worker’s ability to return to work from the workcover system remains a “big challenge” for the NSW workers’ comp regulator.
The State Insurance Regulatory Authority (SIRA) is focusing on influencing behaviour and culture in the workers’ comp “ecosystem” instead of on compliance and legislation alone, with the latter being “necessary but not sufficient” to achieve more desirable results, according to Carmel Donnelly.
Speaking at the recent 19th annual National Workers’ Compensation Summit in Sydney , she says a “challenging and confronting fact” in injury management is that “people who access injury compensation schemes may in fact have worse outcomes than if they haven’t been entitled to compensation”.
The past fews days have already been so busy with many questions, horrible stories, and requests for help from injured workers. One seriously and desperately injured worker is looking for a(ny) way we can give him any tips to find legitimately illegal IMEs and treatment of workers? Obviously [this would be best done] anonymously, after the period of time when those injured workers are entitled to any further settlement.
National review of WHS legislation
A while ago, this anonymous injured worker wrote a Guest Post, which, I admit, has been sitting at the backend of this site for way too long!
My case Manager invited herself to my next GP visit
Hi I just today received a text from my RTW (S.A) case manager asking if she could attend my next GP visit. yes I was gobble smacked and straight away hit Google for an answer and stumbled on this page thank god.
I am now awake to my case manager and what she will do to undermine me whilst to my face acting like she is my best friend .
when I was first injured I was made by my employer to sign a form giving permission to talk to all my doctors and after reading this now realise it starts from when you make your first claim for workcover. thankyou for helping me to avoid having my privacy and we’ll being crushed and abused by a two faced devious insurance company.
If procedures in relation to a dismissal are not properly managed, and shows a degree of procedural unfairness, Fair Work can order an employer to compensate the sacked (injured) worker even if the dismissal itself was actually justified.
It has come to our attention that resources relating to workers compensation (workcover) in two jurisdictions – NT and VIC – have recently been released.