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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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Should injured workers take more control?

The workcover system is, in my seriously injured opinion, designed to do one thing and that is to remove all “responsibility” from the injured worker, and alas, remove all control from the injured worker, which –all too often– leads to desperation, frustration and a myriad of secondary psychological injuries.The following somewhat controversial article aims to make injured workers think hard and show a potential way to stay in control of their claim.

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Workcover case manager does not respond – what to do

The workcover case manager’s job is to save the  workcover insurance company money, period.
Many case managers get bonuses and ‘special’ recognition for saving their workcover insurance company money. And, you guessed it, the only way to save money is by stalling and denying claims and by paying the least amount possible. In this article we’ll give you some tips on how to deal with a non-responsive case manager.

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Tips to defend an IME opinion or report

This article is dedicated to injured worker “Kevin”, who has (had) the courage to confront a(n alleged) grossly biased IME in court. Never forget that the IME (for example an orthopedic surgeon) who has been hired by your workcover insurer to do an “independent” medical examination of you is not your friend. Most are only hired to do a specific job and that is to minimise the damage aspects of your workcover case. Some IMEs are pretty honest and their assessments, reports and even Court testimony is straightforward. BUT there are some IME doctors who have absolutely no moral. They will say whatever they need to in order to advance their client’s (the workcover insurer) cause and goal.

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