Further to yesterday’s article in which we discovered that if an injured worker recovers damages for their loss of earnings and earning capacity (in a common law claim) they are required to repay any amount they have received from WorkCover for weekly payment of compensation, we though we’d re-summarise how common law damages (both pain [...]
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A claim for damages, which is also called a Common Law (Damages) claim, is usually the only way that substantial compensation can be obtained for the full effects of your injury. In a claim for damages, you are entitled to claim for the pain and suffering you have and will experience in the future. You [...]
The law firm, Harmers Workplace Lawyers, that was blasted by a Federal Court judge over its conduct in the Peter Slipper sexual harassment case has come in for more criticism over a claim that a client rejected a settlement offer nearly five times more generous than she ultimately received. Judge criticises law firm over rejection of [...]
Deeds of release are often used in settling workcover cases and common law claims between employers (or their representing insurance companies and defense lawyers) and injured workers — but what are they really? In this article, we try to discuss what deed are, how they’re written and provide very important tips on their use for [...]
We recently received the following inquiry and the following horror story from two separate injured workers, both cases basically revolve around the fact that -yes- Workcover can recover compensation paid to a worker from a third party, where the third party has caused or contributed to the injury occurring. As Carol kindly explained, if you [...]
Further to our popular “stress claims” topic, and the highlighted, very stressful uphill battle for most psychologically injured workers face in having to prove their injury was caused at work and that “reasonable action was taken in an unreasonable manner or unreasonable action taken in a reasonable manner”, which obviously will be fought tooth and [...]
Again, in this legal case [Vic], an injured worker’s credit was significantly undermined by workcover insurance’s surveillance video footage. Please remember at all times, and especially if you are undertaking legal proceedings (i.e. common law damages claim, serious injury certificate etc.) that the insurer (defense) WILL put you under surveillance, by means of “finding anything [...]
This article from the WorkplaceOHS reveals yet another appalling case of worker fraud. Yes, the sentence should fit the crime. How about if the government begin to balance this new found trend of sending fraudsters to prison as criminals? What about the smack on the wrist punishments issued out to employers whose poor workplace safety [...]
Late last year, the court of appeal (VIC) handed down a – in our humble opinion- rather harsh decision concerning Medical Panels, which may have serious ramifications and consequences for all injured workers referred to such Panels. Beware that Medical Panel opinions & decisions are legally binding In the Victorian case Kocak v Wingfoot Australia [...]
It is a well known fact that workcover insurers (and their lawyers) are crawling all over injured workers’ Facebook pages (and other social media sites), and routinely download those pages in “evidence” in case they are later “altered”. Many [genuinely] injured workers still do not understand how stuff posted on Facebook could possibly prejudice their [...]
It is is a widely held belief that an injured worker (the Claimant) will be charged a certain percentage ( i.e. 25 %) of the settlement sum by their representing lawyer(s) after a common law case has reached settlement [and with a no win no fee structure.]. Some injured workers even believe that their lawyers [...]
We recently stumbled upon a QLD legal case where, yet again, the extent of the injured worker’s injury was heavily questioned by secret and sneaky video surveillance footage, which claimed – of course- that the injured worker was a faker. Thanks God, His Honour was nevertheless impressed with both medical experts testimonials and concluded there [...]
This article has been supplied by a long-term injured worker I have been a Workcover victim for eleven years. To me, Workcover feels much more like a punitive jail than a rehabilitation centre. As an injured worker I became incredibly isolated by it, and felt locked in at home. I desperately want to escape this [...]
Many [Victorian] seriously injured workers, who are eligible for a common law damages claim, ask us how long it will take to settle their [common law damages] workcover claim. Under the Victorian WorkCover, there are three (3) elements that you must establish to obtain common law damages. These elements are: You are suffering from a [...]
Should, in a workcover matter, the opinion of a more experienced medical practitioner -IME (Independent Medical Examiner]- be preferred to that of a less experienced medical practitioner – IME? The High Court’s first judgment in 2006, CSR Ltd v Della Maddalena (1), addressed this aspect of the often controversial area of medical experts’ opinion evidence, [...]
I have said it a million times, and I am saying it again – if you are bringing legal proceedings which relate to your workcover injury, please, please be advised to refrain from posting any comments on your social media sites (such as Facebook, Twitter, Blogger etc.) and on sites such as aworkcovervictimsdiary.com which relate [...]
- Carol M: Yes @ WCV you are correct. From my understanding I...
- Nemesia: Hi Kat, I’m sorry to hear about your experien...
- JO: If you are hurt at Work; Do not submit to an inter...
- workcovervictim3: Funny you mention Dr T - he is well known to some ...
- Pauline Pope: Thanks Will. I did a load of reading about PTSD wh...
- JO: When I saw an Insurance Company IME years ago for ...
- pugsley: Wow, that totally explains the nacissitic manager ...
- workcovervictim: @Carol M - thank you so so much for this invaluabl...
- Carol M: It does not matter whether it is Workcover common...
- WorkcoverVictim: @Lana - not sure why you are scared to make your c...
- workcovervictim: Re PTSD, of which I suffer myself severely -especi...
- R: I know exactly how Pauline feels. my friend was ac...
- Trinny: No, not until the article was sourced. However it ...
- Will: Hi Pauline. I have not met an insurers rep at co...
- Will: CHUBB are now MSS, but the same stories continue...
- The worst workcover claim we have ever heard of – a lawyer who lied, a doctor who made a mistake and an injured worker crippled for life April 20, 2013
- Workcover NSW insurance reforms upset victims – ABC News April 20, 2013
- NSW Court rules workcover amendments affecting lumpsums do not apply retrospectively April 29, 2013
- Workcover case managers listen to background noise when phoning injured workers – WTF May 8, 2013
- Faulty assumptions only adds insult to injured workers May 7, 2013
- WorkCover NSW average premiums cut by 7.5 per cent May 9, 2013
- Government plan to make Comcare best practice model May 3, 2013
- Deed of release often used in settling workcover cases- what are they? April 29, 2013
- Barry’s reform adds insult to the injured April 24, 2013
- Assault on injured workers – more evidence and concern S.I.A May 5, 2013
- Vic Premier Naphtine called building workers safety march a disgrace May 1, 2013
- Workcover compensation schemes impede recovery from injury April 28, 2013
- Recoveries of money under workcover April 27, 2013
- Employers incl RTW Coordinators are not allowed to attend doctors appointments April 26, 2013
- Is there such a thing as post traumatic growth? April 22, 2013
- How are damages calculated May 20, 2013
- How to spot chronic workplace bullies May 20, 2013
- Common law damages claim and duty of care of the employer May 19, 2013
- Federal Court ruled AAT required to explain why it preferred the IME’s evidence May 18, 2013
- Medical Panels must provide clear reasons – Supreme Court Vic May 17, 2013
- Workcover Certificates: Doctors must ensure they’re carefully worded May 17, 2013
- Injured worker denied recommended back surgery and at wit’s end May 16, 2013
- Change WorkCover. Give injured workers a fair go – Petition May 15, 2013
- Injured worker’s weekly pay cut off based on biased pain doctor’s report May 14, 2013
- Injured worker collapsed after “performance management” meeting – horror story May 14, 2013
- What if an injured worker resigns in the heat of the moment? May 13, 2013
- Workcover stress claims and reasonable administrative action May 13, 2013
- New proposed anti-bullying laws: changes to FairWork Act May 12, 2013
- No need for pain medication – workers compensation denied! May 12, 2013
- Injured worker aggravates work injury after fall at home – weekly pay ceased! May 10, 2013
This site is written by seriously injured workers and dedicated to the truth about what you the injured worker, will face in the workover system.
Social Club Victorian Injured workers – SIC
We let them do it to us without saying a word!
Why is this site so important?
Someday you or a loved one may be face to face with the WorkCover system and their Illegal activities, knowledge is your best defence. This site will help you navigate through the murky waters of the workers compensation system, and whilst my experience with workcover occurred in Victoria (Australia), I sincerely believe that it crosses all states and even borders with respect to the insane challenges and nightmares that a workplace injury can create
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