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

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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

2,734 Responses to “I need help”

  1. For the last few months I have been on workcover in Vic as a casual worker and recently I am back on partial duties. The rehab is slow and my surgery site is still giving me issues but I am back due to a lot of pressured from employer and rehab provider who spoke to my inexperienced physio. I have a family wedding in a month, overseas, that I have bought tickets to prior to my injury, I am now trying to read up regarding taking leave, however I cannot find if a casual employee is entitled to taking unpaid leave while on partial duties. Will they cease my compensation when I leave/come back? Does anyone have experience in this, would appreciate some advice, thanks!

    • @pow – I think the answer will be within FairWork, you can even call them and ask.
      Just a note of caution: depending on the type of your injury, you may need to be careful travelling. For example, should your injury be ie a back injury and you claim you can not sit or stand for a prolonged period of time, then if you travel on a plane the insurer is likely to deny entitlements based on this.
      Conversely, if your injury in a mental injury and you claim for example having lost friends and not feeling like socialising, then attending a wedding may be seen as contradictory… Hope you get the hint.

  2. Can anyone tell me what happened about trying to get a Royal Commission into Workers Compensation?
    I am the wife of an injured worker who has been fucked over badly by a corrupt insuer. I think a Royal Commission is badly needed especially in NSW.
    Mummabear

    • Does anyone know what happened with the Royal Commission petition into Workers Compensation that was mentioned on this page?

      • @Mummabear, sorry to say that we were unsuccessful getting anywhere near, neither were any other parties. In my opinion, the most difficult issue was to get enough signatures (and stories) from injured workers. Most appeared too afraid or reluctant to sign their real name on petitions. Perhaps out of fear for reprisals, which is understandable.

  3. Hi, am in Qld. Injured decades ago. Covered by Comcare. IME reports agree still injured. Recently requested files under FOI. They state that I am “an artist.” This is not true. This misinformation has been sent to my previous employer. What can I do about this? With Thanks

    • @Nen, ‘misinformation’ and /or ‘oversights’ are sadly a very common occurrence in the insurance world. For example, I personally recall that at one stage I received a copy of an “assessment” which stated I had ‘experience in the construction industry’- hello, I am/was an intensive care nurse my whole life (prior to my accident at work). At that time I wrote a letter directly to my case manager (insurance) and pointed out the “misinformation” (there were many), backed up with evidence. Unfortunately, it is rare that something is done about those ‘mistakes’.
      If it does affect you / your case, by all means, write a letter to your case manager in the first instance and point out the “mistake” and ask them politely to rectify the “misinformation” immediately. You can also attach a signed statutory declaration, and perhaps a copy of your resume (CV) and qualifications. Hope this helps a little.

  4. I claimed NSW based work cover.
    My weekly payment was stopped a couple of months ago but I received the termination of weekly payment letter a few days ago through my lawyer.
    I realised they didn’t send it a couple of months. Even the weekly payment termination effective immediately a couple of months ago.
    After receiving the termination letter the insurer asked me to attend IME
    the reason is my treating doctor and specialist’s medical record and clinical notes are incorrect.
    Also, my treating practitioners were unavailable to communicate with insurers. I am not sure why my insurer can’t communicate with my doctor as they held a couple of case conference with them.
    Is it a reasonable reason to ask to attend IME?

    My lawyer is working for a quite big and famous law firm but he never provided a legal advice even delayed to send a letter from the insurer. it always takes a couple of months. Also, He is not capable to answer my questions.

    I saw the name of lawyers working for my case when I receive a letter.
    Approximately 10 lawyers involved but no one does work for my case.
    I hope WIRO need to know the firm behaviour.

    Also, after termination weekly payment, the insurer arranged rehabilitation provider attended my regular medical appointment held case conference without any notice. I got shocked when I see the total stranger in my appointment time as I never seen the rehabilitation provider before. The insurer didn’t introduce the woman as well. Where can I complain about the rehabilitation provider’s behaviour?

    Please advice me should I attend IME for this reason.
    I only got work cover for five months and I am still very ill.

    • @feel terrible, sorry to read about what has happened (and is happening) to you. With re to your question whether or not it is appropriate for you to attend the independent medical examination, head on over to https://www.injuredworkerssupport.org.au/independent-medical-examiners/
      They are based in NSW and provide useful information on the process in NSW and your rights.
      I also feel, but that is my personal opinion only, that you should make a complaint to your lawyer about the delays. It is best to first write a letter or contact the Managing Director of your law firm directly and express your concern re the lengthily delays in receiving important correspondence. Most will rectify the problem.
      With re to the rehab service provider, from memory, I believe there needs to be consent on your part for another party to attend any of your regular medical appointments and that the insurer should at the very least inform you, explain the reasons and seek your consent. Perhaps this was done and sent to your lawyer who failed to forward you the correspondence?
      You can also instruct your treating doctor that you do NOT give consent (under no circumstances) for any third party to attend your medical appointment(s).

      • Thank you for your answer.
        Regarding the rehab service provider, she never contacted my lawyer and me and she held a case conference without my consent before then She got my medical appointment date and time through Medical centre receptionist then showed up my appointment time.
        I complained to the case manager about this issue but the case manager doesn’t answer about it.
        My lawyer told me they have the same experience from this insurer.
        However, don’t want to do any action for me.

  5. Hi
    My work cover was accepted on May and a couple of days after the acceptance I got information from company my role was redundanct.
    Since then my insurer ceased work cover payment until I signed redundancy letter. During the time they held case conference without my consent and found my medical appointment from medical centre reception and suddenly showed up my medical appointment day for helding case conference. I was so painful to deal with them but my lawyer does not help me.
    Finally, I accepted redundancy as I can’t survive no food then they suddenly gave me back dated payment.
    Now, I expected my redundancy payment for my termination day but they sent me a letter today.
    they suspended all my work cover claim then I will forfeit any compensation for my last all entitlement now.
    I so shocked this letter. My company has their own insurer and they using the work cover money by themselves.
    So they can deduct any money from work cover and redundancy.
    In this case what should I do? My lawyer seems don’t want to do any action for it and send me the dates they called me for asking payments Also, they told me if I want to change lawyer they don’t mind it.
    Please help me.

    • What state are you in?

    • Une, I would seek the advice of a decent lawyer. Some of the more reputable ones are Australia wide. Your position cannot be made redundant unless the job no longer exists, you would need to check they haven’t just replaced your duties under a different title. They also shouldn’t insist on your signing anything that would impair your ability to claim payments, but some agents will do anything, legal or not.
      Which city/ state are you in.

      • Thank you for answer woowoo.
        My position made redundant and the company replaced slightly different title but same duty.
        and I am not sure decent lawyer can help me as my previous lawyer will take money for their poor service.
        I feel hopeless.

  6. Sorry I am not in WA, I have spoken to two groups of lawyers, first group wanted $50,000 upfront before they would assist and the second advised me that the amount I was seeking to recover was too small for them to worry about. I can no longer mentally take it, I rather take a knife to my wrist than deal with Comcare again, Sorry to so negative.

  7. Hello,
    Based in VIC. I recently had my claim approved and now I have received from the Insurer an OR provider – Services Approved form.
    My GP has stated that I have no capacity for employment, so what is the best way to handle the OR provider? I do not want the OR provider to attend with me GP visits if this is at some point suggested.
    Please advise what is the best way to handle this situation.

  8. Hi, my name is Joe,
    I had a workplace accident 18 months ago and have yet to return to work due to my injuries. My employer is now requesting that I participate in a Functional Capacity Evaluation for my pre-injury role. What personal information/medical information is my employer required to provide to the doctor he is referring me to to do the Functional Capacity Evaluation without breaching my privacy? I am in Victoria.

    • Hi Joe,

      When you filled out your initial workcover claim you would have signed an authority on page 2 agreeing to the release of medical and personal information between insurer, doctors and employer. This is a requirement to manage your claim. I don’t think there is much you can do about it.

      • Does it make a difference if the employer is doing this for their own in-house return to work as opposed to being workcover initiated?

        • Check you initial claim form for wording. I am also in Victoria. This is what is written on mine and it is the standard form:-

          “I authorise and consent to the collection, disclosure and release of any personal and health information in connection with an injury/condition to which the claim relates by the workers’ compensation authority, my employer or insurer/claims agent to each other, or to any person who provides a medical service or hospital service to me in connection with an injury/condition to which this claim relates. I understand that if this claim results in my receiving weekly compensation payments, I am required to notify whomever is paying my benefts if I commence employment with some other person or in my own business, or of any change in my employment that affects my earnings, and that failure to do so is an offence. I consent to the WorkCover Authority of NSW using the information collected in connection with my claim for the purposes of research about workers compensation, workplace injury management and occupational health and safety.”

          Good luck!

  9. The argument about natural degeneration vs work-related injury is a common one and is cynically used by IMEs to provide a reason for the insurer to deny valid claims. There are lots of case precedents on this issue. Don’t give up. A good lawyer would know how to deal with this. If the work injury activated previously asymptomatic degeneration this is an argument you must push. The insurer will exploit any loophole and they pay their doctors well.

    • I personally don’t deal with Comcare claims but it can be researched, and if you need me to look on a database for something that would help let me know.

  10. How does one fight Allianz / Comcare decision that ones injury is from degeneration and not from the action that caused ones injury, it seems like to get out of having to pay compensation, they claim degeneration and under section 5 of the Comcare act they don’t have to cover it, legal action is expenses and will not cover the amount requested for compensation? Also at no time was any other duties offered, they would not be, was the answer to that question. They do not seek your treating Doctors or Specialist reports, I can supply at my cost. I feel like I losing my mind and for my own sanity, have to drop the whole case, great system for injured workers, not.

    • I had a number of accepted injuries (3 were accepted, two had been accepted for nearly 15 years) but when Allianz came in to trial Comcares work they seemed to have a blanket policy of deny deny deny. This was so they could be seen as saving the govt costs. In fact one rogue IME acting for Allianz ignored an earlier report that proclaimed one condition permanent. How claiming that an injury becomes unpermanent again many years later is almost comical but you have to realize this. Their actions are all about strategy, not the facts and completely void of compassion for the injured worker. I had no choice but to take legal action and whilst I am waiting for all reports to come in from our IME’s, it is looking like Comcare will have to reinstate everything, and compensate more than original because of some technicalities. So not only has Allianz lost in my case and caused additional work for Comcare, they have actually increased the cost to the govt. This is also happening for others because I have been informed that over the last few years a lot more people are going to the AAT to undo what Allianz has done. Don’t let then drive you mad. Just see it for what it is, the govt only wanting to drive its costs down, but being bitten in the bum as the strategy backfires. Yes, unfortunately you will be up for legal fees but if you back down, unscrupulous companies like Allianz can duly demonstrate to the govt’s that contract them, that they can lower costs. I for one will not let them win!

    • Peter Doe – Don’t give up. If you’re in WA I can offer to help you, pro bono. Otherwise, I’m happy to offer advice (via email). As mentioned, I don’t specifically do Comcare but the Act is very similar in many regards. It’s important that Allianz not get away with such tactics or be allowed to take advantage of the vulnerability of injured workers.

      • Here Here!!

        VictornotVictim October 2, 2018 at 12:42 pm
      • Sorry, I am in SA, last lawyer that believed they could do it pro bono stated there was not enough money in it to take the case.

        • Have you looked at the resources from the AAT for lodging a review yourself? If you already have the Independent Medical Expert Reports you can represent yourself. I represented myself around 2008 over an unpaid treatment bill which was less than a solicitor would have charged (so like you was not worth engaging one), and was able to get the decision to not pay reversed. I believe it is now no cost to lodge a review at the AAT. It is the AAT who has jurisdiction over Comcare anyway and they have offices in every major capital city. http://www.aat.gov.au/about-the-aat

          VictornotVictim October 5, 2018 at 3:39 pm
  11. I claimed NSW based work cover.
    Hope I can get a answer here.

    I got Incident of Psychological (bullying at work for many years) and I got acceptance letter from insurance company. The next day of acceptance letter, I got a letter of redundancy from the company.

    I asked legal advice to my lawyer but I lawyer didn’t answered my email and phone for a while. Three weeks later, the lawyer answered the email.
    The email said I should find industry law lawyer as they don’t expert for redundancy during the work cover. They asked me to pay for legal advice.

    After 21days later since I got redundancy letter. My weekly payment suddenly ceased without notice. I asked to my lawyer to investigate the reason why the weekly payments suddenly stopped without notice. Lawyer told me they asked insurer but they haven’t got any answer from them.

    One month later lawyer finally contacted them and the insurer told they don’t have medical certificate. However I sent all medical certificate to them on time.
    The insurer realised I sent medical certificate to them on time but they told they don’t have enough information from my treating doctor.
    My treating doctor said they never asked the info to my treating doctor for last a couple of months.
    The insurer asked me to deliver their information request letter to my treating doctor.

    So, I attend to my treating doctor office and delivered the request letter.
    They sent all required medical information to them a couple of weeks ago. Now insurer asked me to attend case conference and IME.

    Now, The weekly payment ceased three months ago and my treating doctor didn’t get any medical expense from them.
    I am looking for legal advise from the blog and internet as my lawyer is too busy to answer my phone and email as they look after other expensive case. They told me the wiro fund is very limited. What a ridiculous situation!

    I was so stressed and want to finish these stressful work cover as I have’t got any payment for three months and can’t get legal advise at all. Also, my symptom is getting worse for work cover stress.
    I also really stressed lawyers behaviour as well.

    I can’t change lawyer as the next lawyer probably have no fund to get from WIRO.

    Should I attend IME even my weekly payment ceased and medical expense didn’t paid for a while?

read-before-u-commentThis is a statement pointing you to our seriously injured but esteemed and honourable Social Networking Sites Warning and our comment policy. A must read in the context of a very adversarial workcover system! Remember to mention in which state you reside if you seek advice.

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