We refer back to a recent question posed by “Blossom” regarding carpal tunnel syndrome and workcover. Unfortunately it appears that it is not straight forward to blame Carpal Tunnel Syndrome on work-related activities.
An injured worker with Gallagher Bassett Services VIC received an email stating a change of policy to their travel reimbursement
Let me ask you to picture this …You were badly injured at work and just had surgery. In this surgery, your surgeons literally touched and manipulated your bones. Metal was placed in your bones. When they were finished screwing and sawing your bones, they sowed your skin together and sent you to the ward with a Morphine pump for pain control.Then after a day or two in the hospital, you are sent home to recover…
In most Australian jurisdictions (states and territories), the American Medical Association Guides (AMA Guides) are the accepted assessment tool for injured workers’ permanent impairment rating. The problem with many AMA Guides (especially the older versions in use such as the AMA Guides 4th ed in Victoria) is that the rated impairment does not take into account the impact the impairment has on the injured worker. What should be measured is disability – that is, how the impairment really affects the injured worker.
When injured on the job, many workers may be surprised to learn that workcover insurance companies routinely stop payments or deny many workers comp benefits.Whilst we have previously written about common tactics used by insurance companies to minimise workers compensation payouts, this article focuses on manipulation of information, power, or a communication process to deny a benefit, in this case household help.
WorkCover weekly payments can be stopped for many reasons. If you receive a Notice from your workcover case manager/insurer stating that your weekly payments (income maintenance) are to be terminated you should seek legal advice as soon as possible, bearing in mind that there are strict time frames within which a dispute can be lodged.
For a variety of different reasons, injured workers on the WorkCover system want or need to move interstate. Quite often, understandably, injured workers lack the ability, resources or support to properly look after themselves whilst injured, and feel that they need to reside interstate with family, partner or friends, at least until they recover. The question asked is what happens to an injured worker’s claim and weekly pay when they move interstate?
A recent Presidential Decision in the matter of Caulfield v Kartaway Pty Limited  NSWWCCPD 34 (Caulfield) has clarified (or further confused) the recent High Court’s decision in the Goudappel case in relation to further claims for permanent impairment in NSW.
Do you, like Judy, read legal cases or stories involving considerable sums of compensation payouts to injured workers and wonder why it is that you did not receive any such compensation (payout) from workcover, even though you are badly injured and may never work again? If you do, read on as we’ll explain how this “compensation” works in Victoria and hope it all makes some sense.
Fact, under the current economic climate, many companies are currently laying off a record number of workers. One just has to look at the recent developments in the Australian car industry. We believe that there are quite a few injured workers out there who are literally “hiding” their injuries, working through their pain, or staying on some sort of restricted duties, and not filing a workcover claim, out of fear for being the next target for a redundancy.