We do receive this question a lot from injured workers. Understandably, many injured workers believe that they will (likely) be sent to a hired gun who will try to scr*w them over in return for getting more referrals from the workcover insurance company.
We were recently contacted again by several injured workers who asked us whether they could or should resign from their jobs. One is a nice woman who broke her heel at work. It lead to a surgery and she is in the middle of physio therapy. Her job requires her to stand all day so she could not yet return to work. But she also stated she never wanted to return because she was worried about having to stand even when the doctor cleared her to do so and also because her boss is a pain in the b*tt. So he asked us, “Can I quit my job right now?”
In this post we have compiled a few frequently asked questions we receive from injured workers with regards to independent medical examinations (IME). These include: Can an IME judge you or down you in his/her report; Can an IME opinion override the medical opinion of your doctor?
If you have a problem with your lawyer, don’t be afraid to complain about your lawyer.
Many injured workers are scared to complain when things go wrong and are confused, not only about their legal entitlements but also about the complaints system. In this article, we’ll run you through the process of how you can make a complaint against your (rogue) lawyer in Australia.
In Victoria, if your WorkCover insurer makes a decision in writing that you disagree with you can appeal the decision at Conciliation. However, what many injured workers don’t know is that if your WorkCover insurer fails to respond to a request within 28 days, you can also lodge a request for Conciliation!
As we have highlighted in our previous article, managing work-related injuries can be a delicate exercise, with multiple – and sometimes conflicting – issues. For example, what if the worker has a right to return to work (as set out in a contract of employment) but the employer is concerned they’re still not fit and their return could breach work health and safety laws?
A few weeks ago, a hefty discussion took place in response to some comments made by ‘@Help Me’, a worker who unfortunately (allegedly) suffered a psychological injury as a consequence of her employment being terminated after she had to take prolonged time off to care for her terminally ill husband. In injured worker ‘Jo’s’ response to ‘Help Me’ s/he stated the essence of this article: the simple fact is your employment was terminated because you were taking too much time off work ….”. In a nutshell, employers may have a valid reason to dismiss / terminate a worker on long term sick leave.
Diary of a Workcover Victim receives many questions and we regularly try and answer your most frequently asked questions on workcover related issues that you may face. In this article, we briefly discuss whether a worker can make a workcover claim following disciplinary action at work.
Due to an increasing number of matters not being ready to proceed in the NSW Workers Compensation Commission (WCC) at the teleconference stage, the NSW Workers Compensation Commission (WCC) issued an E-bulletin in November 2013 as to how a matter is to proceed when it is unprepared at a teleconference.
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 already have an accepted workcover claim and/or common law settlement there is absolutely no point bringing a separate civil damages claim against a third party for negligence/damages born out of the same incident as your workcover claim as you can’t double dip and be compensated twice for the same injury/damage/loss.