A former workcover case manager recently told us that they are told to listen for “background noise” when phoning injured workers, in order to listen for “clues” that the injured worker is “undertaking” some activity or hobby! WTF! We nearly fell over when we heard that phone conversations are encouraged by workcover insurance companies, as [...]
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Surveillance video shows effective short term treatment – not deceit!
We’re not giving up and (will) continue to discredit the use of the very costly and wasteful surveillance by workcover (Authorities, insurers, self-insurers and employers) of injured workers, portraying them as fraudulent malingerers. Again, let’s set some records and “gotcha” surveillance facts straight, given that workcover, their agents and the media seem to conveniently “forget” [...]
Workcover surveillance fails to prove famous gotcha fraud, breached Act
We, seriously injured workers, continue to find it alarming that so many people in the community continue to question the “genuine” status of injured workers. The media obviously has a large role to play by reinforcing the stereotype of injured workers as fraudulent malingerers, even though research has proven over and over again that injured [...]
Social networking and workcover – the dangers explained and discussed
Social networking has become a very popular topic within the workers’ compensation community, all over the world. In this American must-hear podcast, most of which applies to Australia as well, Attorney Jon L. Gelman and host Attorney Alan S. Pierce discuss in depth social networking in the workers’ compensation world. More importantly important stuff like [...]
Surveillance shows injured worker “exaggerates” symptoms however court finds no evidence
An injured worker who was allegedly found to have exaggerated her symptoms based on “almighty” workcover surveillance was, thankfully, not required to refund the weekly payments paid to her ordered by some “review officer”, as there was not enough evidence that she actually exaggerated, the WA Compensation Magistrate’s Court ruled (in 2006). However, based on [...]
Employer and workcover QLD blame injured worker for own carelessness & use Facebook pictures to defeat K300 claim
In June 2008, 28-year-old 1st year apprentice electrician was “roughing in” power cables to a QLD apartment, following an improvisation procedure to stop the cables being forced up against sharp framing edges and risking insulation damage. This improvisation method used offcuts of steel U-shaped channel that unfortunately exposed a razor-sharp edge that was to become [...]
The use of Facebook – you have been served
Remember the good old days, when Facebook and Twitter were just for fun? No more! Did you know that the Australian Court can even serve legal documents via Facebook!? You would probably all agree that social media has changed and is still changing our lives, in many ways. But social media is also changing our [...]
Johnny’s workcover story
The abuses of injured workers under workcover are a battlefield and varied. However the most common “themes” we see and hear from injured workers, like “Johnny”, are the delays, denial of needed medical treatment; the inadequate, inappropriate, superficial , perfunctory, shallow and hasty “return to work” plans; the many inappropriate, cursory and frankly biased “independent” [...]
Workcover surveillance – what if the roles were reversed?
An injured worker was recently followed by several [workcover] private investigators for more than a year. But the creeps did not only followthe injured worker around, they also followed his wife and daughter, who have no workcover claim! Another seriously injured worker based in NSW recently told us he had to sell his house because [...]
Surveillance evidence defeats injured workers damages claim
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 [...]
How does social media and other surveillance prejudice an injured workers case?
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 [...]
Sneaky video surveillance gotcha moment squashed by good day-bad day argument
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 [...]
Bringing legal proceedings relating to your workcover injury? Hide under a rock!
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 [...]
Why injured workers should stop using Facebook
I recently visited a barrister in relation to my workcover claim. The first thing he said was that I was to expect surveillance very shortly, “they always conduct surveillance when you litigate”. The second thing he said is that he had a client (alleged injured worker) yesterday who “got busted” – his ” ‘malingering’ hit [...]
Employers entitled to “scrutinise” actions of injured workers absent on compo: Fair Work
To our horror, Fair Work Australia has recently found that employers are entitled to “scrutinise” the actions of employees who are absent on workers’ compensation! However Fair Work also has ruled in favour of a surveilled worker in an unfair dismissal case. Employers entitled to “scrutinise” actions of injured workers absent on compo: Fair Work [...]
Supported by Erin Brockovich
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At A Loss: have a look at what this poor man went through, ...
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HuntingWorkcover: Madame Zena i don't know the complete details of ...
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Madame Zena: If people had read all the countless court judgeme...
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Carol: Angela has the right to remain angry. Why should...
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John: What are your thoughts on it?...
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Pauline Pope: Here's a fun sardonic write up of an Injured Work...
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workcovervictim3: Just a case, but in the US (however could as well ...
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ithurts: I dont know the full details but I did go & re...
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NSW injured workers can still make a further claim for impairment for that same injury – new legal case
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NSW Court rules workcover amendments affecting lumpsums do not apply retrospectively
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Workcover case managers listen to background noise when phoning injured workers – WTF
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Faulty assumptions only adds insult to injured workers
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WorkCover NSW average premiums cut by 7.5 per cent
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Government plan to make Comcare best practice model
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Deed of release often used in settling workcover cases- what are they?
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Barry’s reform adds insult to the injured
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Recoveries of money under workcover
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Assault on injured workers – more evidence and concern S.I.A
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Vic Premier Naphtine called building workers safety march a disgrace
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Employers incl RTW Coordinators are not allowed to attend doctors appointments
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Workcover compensation schemes impede recovery from injury
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International Day of Mourning: remembering those injured workers who have died
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Judge criticises law firm about rejection of more generous settlement offer
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Vexatious “injured” worker blocked by the courts – again
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The huge cost of workplace stress and depression
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NSW injured workers can still make a further claim for impairment for that same injury – new legal case
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What has the attack on NSW’s Workers Compensation laws meant for you?
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When can weekly payments in Victoria be terminated
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How are damages calculated
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How to spot chronic workplace bullies
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Common law damages claim and duty of care of the employer
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Federal Court ruled AAT required to explain why it preferred the IME’s evidence
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Medical Panels must provide clear reasons – Supreme Court Vic
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Workcover Certificates: Doctors must ensure they’re carefully worded
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Injured worker denied recommended back surgery and at wit’s end
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Change WorkCover. Give injured workers a fair go – Petition
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Injured worker’s weekly pay cut off based on biased pain doctor’s report
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Injured worker collapsed after “performance management” meeting – horror story
Forum for injured workers
Social Club Victorian Injured workers – SIC
**Next meeting April 2013**
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