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MitigatingTheDamages

Duty to mitigate your loss – very important in workcover cases

We have written about it many times  (see for example “Mitigation of Damages“), but perhaps it’s time to re-highlight that an injured person who makes a claim for compensation is actually required to take all reasonable steps to mitigate his or her loss. So what does this actually mean?

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The doctor and the workers compensation patient

Injured or ill workers deserve good medical care, rehabilitation, as well as compensation for permanent injury. Unfortunately more and more doctors are shying away from treating patients in the workers’ compensation system, They should not but they should be aware of how the work-over system works.

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Outrageous defense tactic by Suncorp: suck up your brain injury for driving a rust bucket

Workcover and the TAC are as good as identical , they are both maximally litigious unethical Government agencies who victimise those involved in road accidents or work injuries through various processes of bullying, incompetence, stalling, unnecessary administrative processes, bureaucracy and systemic corrupt practices.

Take for example, the following legal TAC case, whereby the insurer (Suncorp, aka GIO in the workers compensation world) tried to deny liability for a car accident victim by basically stating he self-inflicted his brain injury because he drove a “rust bucket” – nice one!

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What can you do if your boss encourages you not to lodge a workcover claim

Further to the horrendous story highlighting the importance of knowing your rights when it comes to all things workcover. That you need to stand up for yourself, learn to say “no”, not be intimidated, pressurized, bullied or threatened when it comes to lodging a workcover claim, being forced to return to work prematurely or in the most unsuitable duties, whether by your boss, case manager,  rehabber or even doctor; and further to the sad but true fact that many injured workers  are reluctant to file a workcover claim, because they feel that they would be seen as suing their bosses, and others are afraid of reprisals; the following article explains what you can do if your employer encourages you not to lodge a WorkCover claim.

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