I need help

Do you need help with your workcover claim? Do you have a question you need answered?

 

 If you need help or advise, this is the page where you can post your question(s).

If you’re stuck and need help with your workcover claim or have a particular question, please post your query here. Please ensure you mention the state you are located in, as the workcover laws vary from state to state.

Due to the large amount of email queries (questions re workers comp and workcover claim issues) we can not guarantee that we will be able to answer your email/queries personally. Please use this page (I need help) – below- to ask your questions, as our contributors and injured readers are often able to answer your questions or lead you in the right direction. You can use a nickname and an alias email to comment/ask questions, preserving your anonymity.

Remember that we are based in Victoria, and are most knowledgeable about the Victorian workcover system, however our interstate readers are often able to help injured workers from other states than Victoria.

For “peer-to-peer support”, you can post your questions here on this page (below in the comment section) where our Team and other injured workers may have advice for you or experience with your specific situation in your state.

We always like to hear the stories of all injured workers in Australia to help us compile anonymous, but factual, evidence from as injured workers about any abuses they have experienced by workers compensation systems across Australia.

How to post a question

workcovervictimsdiary-use-a-nickname

Please also refer to our general website use page as well as to our Comment Policy as well as our Social Networking warning

To post a comment on a workcover victims diary you do not need to register or login or anything in order to post a question and you can post it entirely anonymously.

You can use the “comment” form under each post (article) to comment. To do so you will need to use a name (which can be anything fictitious such as “victim”, “newbie”, “I hate them”, whatever) and an email address. The email address can be entirely made up as well, should you prefer to remain anonymous (mind you, using your real email address is also safe, as it will NOT be published and your email will only be visible to the blog’s administrator), however, due to potential hacking or snooping, we suggest you use a fake email address at all times to comment (so that in the unlikely event of a successful hack your email address can not be stolen). A fictitious email address can be anything as long as there is a “@” in it and a ”com”; for example “nothing@whatever.com”; “fake@fake.com”.

Please bear in mind that our articles commenting automatically closes after 90 days – this is so as to avoid a sh*t load of spam/attempted spam (which we the need to manually remove from our databases). However should you wish to add a comment to an older article (older than 30 days), please contact us and consider it done!

Note: aworkcovervictimsdiary does not (or very rarely) insert comments on behalf of our readers – i.e comments on articles received via email.

Additional Resources

Search box and the Tags:

 

workcovervictimsdiary-search-tools(on the right hand side of the blog): our site contains over a thousand articles and chances are thataworkcovervictimsdiary-tags the information you are looking for is already on the site. You can use the search box (see image left) to type in a keyword(s) i.e. type in “IME” (see below – use our advanced search), or you can search the Categories. An easier way is to select the Tags.For example if you are looking for information about independent medical examinations, simply click on the tag “IME”, which will show you all the posts and articles about IMEs. (see image right).

You can also view our site’s content in the form of a Sitemap , showing our archives, for ease of reference.

 

Use our advanced search

search-aworkcovervictimsdiaryYou can type a keyword in to the search box (top right and bottom of side bar on page) and you will see a little wheel spin while the site is looking for all articles that contain the keyword. For example: I am looking for “impairment” articles and started typing “impairm” as my keyword; after a few seconds the articles come up automatically! (see picture on left)

Relevant workcover legislation in each state

Head on over to our section: Resource Centre in the  (top)menu, which contains a page titled “workcover legislations” where you can find all the workcover laws in every jurisdiction (state and territories).

Frequently asked questions

We have created pages and lists of FAQs, i.e. WorkSafe VIC FAQ, where you can find heaps of information.

Also see “who else can help”

If you’re stuck and need help with your workcover claim or have a particular question, please post your query here. Remember to please ensure you mention the state you are located in, as the workcover laws vary from state to state.

If you need help or advise, post your question(s) below in the comment section.

 

updated12 April 2015

2,678 Responses to “I need help”

  1. Hi There, I am a founding member of The Bullied Teachers Support Network. If you are or have been a Teacher in NSW please contact us on our Facebook Page – Bullied Teachers Support Network. We are Based in NSW. NOTE That The Fair Work Act does NOT Apply To State Government Departments as advised by the Fair Work Commission.
    Thanks
    Paul Johnson
    Coffs Harbour NSW

  2. Can you for job interviews if you are stressed and on sick leave? Is there any precedent to say that I was fit enough to attend a 1hour interview before returning to work.

    I am worried that this might come back to bight.

  3. I have heard the rather loose term “traits of aspberger” described to me by psychologist and psychiatrist. They were unable to define it and said if I wanted to know if I had aspbergers to get a formal diagnosis.

    I feel it is a loose statement and not sure if it is defined in the Diagnostic Statistic Manual (version ??).

    Traits of a condition would not count as a condition? I find it offensive that pyschiatrist would refer me back to GP with those comments after reporting stress.

  4. Is bullying or adverse action (non-dismissal) submission a notifiable incident to Comcare?

    I have tried all avenues with HR and other relevant branches to try and resolve bullying, discrimination and what I feel is work place bullying towards me.

    I don’t want to go on worker’s comp (comcare) as I don’t want it on my record.

    I noticed that bullying is a risk to health and safety. Is lodging an Adverse Action (F8C – Non Dismissal) or (F72 Stop Bullying) form with FWC a comcare notifiable incident?

    What reasonable protections are in place until this matter is resolved i.e. transfer or use up of sick leave?

    • @Charlie-You are best off reading and even contacting FairWork as laws are slightly different in each state. https://www.fairwork.gov.au/employee-entitlements/bullying-and-harassment

      • That was a rubbish response. I mentioned Comcare implying the national Workers Comp system.

        Fair Work won’t assist – they will refer you to the bench books for bullying and adverse action.

        I was looking for more insight based on cases or personal experiences. I will contact a lawyer as this free advice is rubbish.

    • I was on Comcare and when I was still with my employer, I notified of any kind of incident that may relate to my compensation or any potential future action (non comcare or otherwise). This was called an Incident Report. These notifications were then entered onto my HR record. You are not compelled to to seek compensation unless you choose too. I find that if you have at least got a paper trail so to speak that you have notified the employer, if the situation does blow up legally later, there is some proof you brought this to your employers attention. I do not know which federal dept you work for but if its one of the bigger govt depts, you should have scope to record incident reports.

      VictorNotVictim May 16, 2018 at 10:12 pm
      • Thanks for the insight.

      • Thanks heaps for that insight

        • You are welcome 🙂

          I did in fact record an Incident Report of Psychological Injury more than once (most of us compensation recipients inevitably deal with bullying at work). In the IR I put basic details about the bullying. It was not until my third IR on Psychological Injury that I notified Comcare by lodging a claim. However now, more than 15 years after the first IR on Pysch Injury and with AAT action pending, NO ONE can deny that the employer was notified.

          VictorNotVictim May 20, 2018 at 2:08 pm
          • I just had a query about visiting psychiatrist.

            I have read a lot of negative reviews about psychs turning face and supporting insurer even when client pays for it.

            Any tips or would lawyer have a good list of preferred psychs?

            Is it better to just use up sick leave until you need to use workers comp for financial reasons?

            • There are two issues here, a Psychiatrist/Psychologist for treatment and the same for medicolegal reasons. If you get your own just for treatment purposes they cannot really act for Comcare, in fact it would be a conflict of interest per se. Regarding this you can get what is called a Treatment Plan that Medicare pays for from your GP, for a Psychologist. Medicare pays for 10 sessions per treatment plan per yer, so there is no cost to you, and you can start to get your bearings on what a Psychologist thinks about your circumstances.

              For medicolegal reasons, it is best to go with a solicitors referral/recommendation. I wanted to represent myself in the AAT but found that most medicolegal personnel would not deal with me unless I had that referral. I was actually about to complain to the AAT about it when all they could offer me was well maybe the Solicitor acting for Comcare could give you a list and organize an appointment. Of course this then makes the medicolegal think they have to answer to Comcare and not to you. So, in the end I just retained a Solicitor to refer me.

              I am over 15 years down the track of my injuries though, (which also led to secondary Psych Injuries) and had already passed through many procedures, specialists, rehab etc etc.

              If you want to first just dip your toe in the water before committing money to this, get the Treatment Plan referral from you GP. It won’t cost you anything.

              With regards to the sick leave, you can use it at this time but later if you are granted a Comcare liability you can back claim the Incapacity Payments (comcare speak for compensation payments for lost wages) and get your sick leave re-credited. It does depend on your Enterprise Agreement, but the one I was under allowed me to back claim all leaves used for the eventual accepted condition EXCEPT LONG SERVICE LEAVE. So depending on your EA you can even claim Rec/Annual Leave as long as the GP will provide the medical certificates to prove you were absent due to your accepted medical condition.

              VictorNotVictim May 21, 2018 at 1:43 pm
              • Already got a health care plan and seeing a second doctor without disclosing prior history to avoid being seen as an existing pre-condition.

                I want out and the process you have described to me of going on for 17 years is not something I could handle.

                My issue would go away with a simple transfer from one team to another team. They are that inflexible they won’t consider it.

                I want out and at a relatively cheap settlement agreement. I would take a couple of months pay after lawyers fees and taxes (for non-damages component) that i have to pay are factored in to the total cost.

                I am this close to quitting and taking up casual work.

                I can’t get a referee from current manager even though performance is sound and not on Performance Improvement Plan.

                I know that the no-win no-fee by Lawyers is in the hope of getting a settlement. It sounds like psych injuries aren’t as simple as a broken leg due to wet floors or a black / white case.

                It sounds like Comcare’s plays hardball with settling?

                Can’t you pursue a common law claim for damages as a result of negligence?

                It sounds more stressful going through that process than going to work and putting up with the same old stress.

                Putting in an adverse action claim for a non-dismissal case in hope of settlement sounds pretty risky as the hourly rate for lawyers is $550+ and then at least over $10K if it goes to Federal or Federal Circuit Court.

                What about income protection (I know the amounts and time limits vary) but say a psychatrist say’s it was preexisting condition i.e. you were prone to stress and anxiety or are on the spectrum.

                What would be your odds of getting income protection from default Income Protection Insurance super provider?

                • You can avail yourself of the right to not settle under the SRC 1988 and go common law instead, but the risk of doing that is that you can’t return to the scheme administered by Comcare afterward if you lost at common law. I too considered this option but there are aspects of Comcare’s scheme which are a lot better than what you could get in common law. So it depends on what your goals are. Also you cannot pursue damages (punitive) under common law unless you have a permanent injury ruled at least 10% impairment and that would be something that would need assessment. So its not just a case of proving negligence, its a case of proving permanent injury and loss. Saying your condition may improve with a change of environment may make it difficult to then argue permanent injury. With regard to the super questions, well it does depend on the scheme you are under so I won’t attempt to answer those questions. Sorry, its too complex.

                  VictorNotVictim May 22, 2018 at 12:54 am
  5. Advice needed: At the 6 yr time on WC. My lawyers want to sign off but I have been left with a crippling pain syndrone (CRPS) which is a life sentence for me. Jusst co pleted IPT implat trial $60k and didnt work. Can my lawyers force me to sign? I m still receiving wages and medicals (9 conciliations to get this far) cant afford to loose thses payments. Any advice would be greatly appreciated.
    MadChef

    • Hi MadChef
      It’s been a while.
      My ex has ongoing wages now until retirement. He’s over 60 so not too much longer for him. I do know they will be going back to court for the next xtended retirement age, if that makes sense..
      so even if the solicitors sign off I don’t think it means your ongoing support finishes. But ask the question.. are they suggesting a lump sum, and can you still have the ongoing wage support..
      I still have nothing, seems crazy thatsurgery is a precursor to being able to have a lump sum claim for pain and suffering.. I’m told surgery may not help my problems, but ongoing radio frequencies and injections are going to be my life.. having to plan my life around the expected length of benefit.. pft..

      • @MadChef, nice to see you here! (well… in a way that is!). With re to closing your case (signing off), rest assured that medicals are life long, this includes medication, surgery, rehab, physioetc. So you won’t loose any of that. You would loose weekly pay if you are still on it and depending on lumpsum or compo you may be precluded from Centrelink for x years (depends on sum received).

        • Thanks very much for a such quick reply. Medical is my biggest worry, like many of us. Hope you are having a better day. Cheers MadChef

      • Hi Woowoo nice to se the same faces but criminal that we are all still here. Thanks for your post, much appreciated

  6. @Anita, I can persoanlly vouch for Stuart MacLeod, a wonderful lawyer specialised in workcover, based in QLD. You can email him anytime, let him know I referred you and you will be treated like a queen.
    smacleod@zaparaslaw.com.au

  7. Hello Anita..Which state do you work in?

  8. Hi my name in Anita and whilst on a return to work I was reinsured but involved my C6-7. GP delayed sending me to a surgeon as stated by her it was in my head and to forget about it. A new GP had me referred immediately to a neurologist who did nerve conduction studies and MRI which confirmed the diagnosis. To make this quick referred to surgeon who felt as I was improving we should treat conservatively which has left me with a numb index and middle finger on my dominant hand. I am a medical secretary so cannot do my job. I now have been off 1 year but returned and increased working up my hours till inteinjured myself and now I have been off two months. Saw one IME who ruminated about being sent to him as he couldn’t assess me and had it gone to the tribunal would have been sent home for a month till the next hearingwith a proper IME. So second IME performed. Saw my surgeon as the first IME listed me at 5% permanently disabled. He my surgeon was furious and rang workcover as in the report they had suggested my injury wasn’t substantiated by the radiology and as my surgeon stated questioned his and the neurologists findings. I think I’m going to need a good lawyer to fight this or do I go to tribunal. I don’t know who is good but don’t want to hand lawyers 50% of my entitlement as I only have 9 years to work and probably won’t get another job. My career is over so I need to find someone who has a great track record of securing large sums but doesn’t take half ur entitlement.

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