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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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up as well, should you prefer to remain anonymous (mind you, using your real email address is also safe, as it will NOT be published and your email will only be visible to the blog’s administrator), however, due to potential hacking or snooping, we suggest you use a fake email address at all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

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2654 Comments on "I need help"

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Frustrated
Guest
I am really frustrated with the insurer. I am currently on workers compensation. They assigned me a rehabilitation officer to help me to search for employment. Instead of searching for employment in the field that I am expertise in, the insurer asked them to seek any job for me. I was a research engineer and now they are looking for an administrative assistant, import/export clerk position for me. I tried to fight for it but they said they will take my benefits away from me. On top of that, they are unwilling to pay for my medical expenses. I suffered… Read more »
Bashed and bullied
Guest
What state are you in? In NSW they are meant to find you a job you are suitably qualified for. Check out the WorkCover website and search for the information relating to rehab and return to work. Do the same if you are in another state. If they have denied your treatment it is for the purpose of saying they no longer have liabilty for your claim so be prepared for them to deny your whole claim next. They are just finding a way to do it. Get as much medical evidence as you can now before they attack. Get… Read more »
Frustrated
Guest
Thanks for your response. My workcover is based in NSW. I am trying to have a well-defined definition of ‘suitable employment’ so I can argue with them in regards to employment. The first rehab provider that they got me insisted that he will be looking for jobs for me in my area of expertise. I think the insurer wasn’t happy about that and a few months later, they stop sending me to him and asked me to go to a new one. This lady was asked to do whatever to just get me a job. She asked me to be… Read more »
Bashed and bullied
Guest
You can get assistance from WorkCover 13 10 50 and ask for a contact person to forward a copy of the complaints you are making to the insurer. They should be able to give you some advice. If you get any grief from any WorkCover staff you can make a complaint about them as well on the WorkCover website but I think you will get some assistance if you can explain what is going on and how it is making your injury worse. I am pretty sure you can also still choose your own rehab provider so advise your insurer… Read more »
Frustrated
Guest
I have just spoken to workcover. I complained about the job options that the rehab provider come out with but she said that is the nature of it. When doing the assessment, they are looking at what sort of jobs I can do, not if I am over-qualify for the job or it is not my interest. They did asked me to speak to the case manager about the dispute. I don’t trust speaking, so I am going to write an email like you said. I mentioned that the report was completed by someone that I did not meet or… Read more »
Woowoo
Guest

There are heaps of articles on this site, but I knew of this particular one.. Just follow the link…

http://aworkcovervictimsdiary.com/2011/10/voctional-assessment-suitable-jobs-you-could-be-a-funeral-director-scam/

Frustrated
Guest

Bashed and bullied, anyway I can contact you? Would like your help in something. Thanks.

Woowoo
Guest

@Frustrated
If you are unable to take their crap anymore, seek legal assistance and advice… You can request for your legal representative to handle all contact with the insurer as you are not in a fit state to cope with it all anymore…

Frustrated
Guest

Hi Woowoo
I did thought about getting legal representative. Do you know roughly how much it costs for me to get them to deal with the insurer on my behalf? I need to take that into account. Thanks.

Woowoo
Guest

@Frustrated
You would need to discuss costs with the firm you chose to use, most will give a free 30 min consult, I have a good one in FAR western suburbs of Melbourne… He doesn’t charge an arm and a leg for outgoings. Most will also do a no win no fee… But be cautious… Shine Lawyers seem to work well, mention the site…
The bigger firms are usually more expensive but have the staff to deal with most issues..
You may be able to use work cover assist (http://www.workcoverassist.vic.gov.au/contact-us) for conciliation’s but not sure about ongoing issues..

Stop bullying me
Guest

Maybe they can come to you consdering that you need to meet and have injuries that preclude you from travelling. With some of my appointments I have made them in my country town, rather than in the city. They have tried to say why don’t we meet in head office (they have no travel) but gave. In as I contacted case manager and explained I really wanted to meet, but….. Hope this helps.

Frenchy
Guest

TO :AJ/ Thanks unfortunately I cannot travel more than 15kms. Being in a vehicle worsen my condition and ony way to beat that is to go high on medications which mean I wont remember shit about any meeting and I won’t be any good to him either. Anyway Thanks

Public school teacher
Guest
Public school teacher
I have been bullied and discriminated by bosses in school. I am now at the stage of a RTW plan. The first step is a mediation session with the bully and the principal that ignored my emails and verbal requests for help ( and for it to stop). Mentally I am a lot better, but I am on 4 medications for stress, depression and anxiety attacks etc. MEDIATION My question is- What types of questions should I ask? Is it appropriate to ask why they did not provide a safe worksite, why they ignored emails and did not reply in… Read more »
How many other ways can they FU!
Guest
How many other ways can they FU!
I was asked to mediate with a bully and I stated very firmly mediation is a process where there is power equality and as I was the victim I was not going to mediate from a position where I would again be disempowered as this would only make my psychological state worse. My complaints were also ignored as was my RTW plan and it ended up with me having another breakdown. What you need to do is to talk over with your NTD and psychologist whether the anticipation of having to deal with the bully and the principal in mediation… Read more »
Frenchy
Guest

Thanks for your reply. I am going to follow on your advices. will let you know how it goes, Thanks again

Frenchy
Guest
Thanks for your reply. Unfortunately I contacted WIRO about my solicitor and all they did was to forward my entire email I sent them straight to my solicitor, who then got the shit and asked me if I wanted them to still represent me and that one more email/complaint to WIRO and they ll be done with me! So I emailed WIRO and asked them about their privacy agreement and why they forwardded my complaint straight to my solicitor, and if there are any confidentiality in regards to info sent to them. Their answer was that they are professionalas and… Read more »
How many other ways can they FU!
Guest
How many other ways can they FU!
I am so sorry they have done that to you. That is disgusting! I would ask to speak with Kim Garling about the matter (head of WIRO) and I would definitely give the Privacy Commissioner a phone call to find out if you have a case. I would think they would have to make some determination on that. As for your solicitor, you might look for a new one. I know that is going to be hard for you but it might be something you may have to do. The five years is meant to start from the time of… Read more »
Frenchy
Guest
Now guys I need help in regards to the blood sucking lawyers. I had to let go my first one after 2 years Coz she was meesing up my case, not filing papers, forgetting to write stuff/contact people etc….so it ook me a whole year to find another one as no one , after looking at my case wanted to take it as apparently the first lawyer really messed it up! anyway that new lawyer doesn’t want me to contact him unless to submit new doctors reports?he doesn’t want to be informed of anything happening with the insurer /employer etc….… Read more »
How many other ways can they FU!
Guest
How many other ways can they FU!
Sadly the solicitors for injured workers are also being screwed by the new legislation. In order for them to take on your claim they must now apply to ILARS under WIRO for the funding of your case. I have heard ILARS are knocking back claims therefore the injured workers are ending up with no ability to have their matter taken on as no solicitor can afford to pay the costs involved. When someone disputes the insurer there are fees to be paid to the WCC to have your matter heard. Your solicitor may also want you to see an IME… Read more »
AJ
Guest

Not all lawyers are the same. My union recommended one and although it meant that I have to travel 150 k to see him, it is worth while as he is very efficient and explains things in terms I understand without being patronising. I suggest that if you are a union member, seek advice.

Mich
Guest
Hi there, I need some advise. I went to my latest lawyers meeting and he told me that they had granted me a serious injury certificate, however he STRONGLY recommended that I do not accept it and that I go to court instead. He was adamant that i dont take the cert, so much so that he said if I wanted to take the certificate I would have to sign a statement that said i acknowledge that I am going against his recommendations.. My question is, has anybody been in this position before? I feel like it is a huge… Read more »
WooWoo
Guest

I’d be going back and asking him to explain the procedure… My lawyer is after a serious injury certificate so we can go on to claim pain and suffering and loss of income.

WorkcoverVictim
Admin

@Mitch, can you tell us in what state you reside? It may help us better understand your question.

Workcovervictim3
Guest
@Mich – if you’re in Victoria, I am not sure why your lawyers would ask you not to sign a serious injury certificate. Are you not talking about a “notice of assessment”? A serious injury certificate is a gateway to allow to commence common law, provided there was negligence. You can obtain a serious injury cert in 2 ways in Vic – under the quantitative test (30%or more WPI needed) or in court under the qualitative/narrative test (which is more difficult). What is a common law claim? Some work related injuries are caused due to someone’s fault or negligence. This… Read more »
Mich
Guest
Hi Workcovervictim3, thanks for your reply. I am in Victoria. From my understanding, we applied for a common law claim and they had 120 days to respond. My lawyer said that they had offered a serious injury certificate and that if i were to accept it we would go straight to a conference and a settlement would be decided. If i were to not accept it, we would apply for a court hearing and in roughly 12 months we would go to court and a judge would decide on the settlement. I beleive it is so I can sue for… Read more »
Been there
Guest

@Mich, is it possible for you to see the solicitor again, and take someone with you? Sometimes all the legal talk makes it hard to take in everything that is said, having someone else there means you have someone to talk about it with after. And make sure at least one of you understands what has been said before you leave.
Also now having Workcovervictim3’s information above you would be better armed with the requirements of serious injury claims.
I wish I’d found this site sooner… 🙂

Workcovervictim
Guest
@ Mich, here is just about all the info you need to understand the process http://aworkcovervictimsdiary.com/2013/12/common-law-damages-claim-victoria/ http://aworkcovervictimsdiary.com/2013/02/how-long-will-it-take-for-my-workcover-common-law-claim-to-settle/ I am wondering whether in your case, you were perhaps granted a serious injury certificate only for pain and suffering and no economic loss? Were you deemed seriously injured (30% whole person impairment or more?) If you trust your lawyer, listen to him/her. If unsure, seek a second opinion by going for a free first consultation, or go for free legal advice in your local legal community centre. You can also ask your lawyer (and his/her boss if applicable) to talk this through… Read more »
ian
Guest
Mitch, seek another lawyers advice as I was represented by a law firm given advice to drop my common law claim and had to sign a statement saying that they had advised e for this reason etc and to protect them basically and now all I have is my work injury damages claim and the saddest part of it all is I won the last arbitration in the WCC which gave me the green light for my Supreme Court case but because I signed this b.s I have a claim reduced by at least 50% and the get this the… Read more »
fu_ahhhllianz
Guest
Hi all, I’m in Victoria and have to deal with obviously ahhhlianz. I need to know if anyone has had a problem where their case manager and vocational rehabilitation case manager tried to tell them to get a stay at home job? At first I felt railroaded that they tried to make out that a questionnaire they asked my gp if I had capacity to work and he said “light office work maybe @ 6mo ? maybe @ 1 year?. (when I asked him about it he said “we will review it in 6-12mo) I have no office experience as… Read more »
WooWoo
Guest
As someone who retrained after RSI 23 years ago, office work needs a clear head and the ability to sit for periods of time, I am trying to think of other jobs I may be able to do as I can’t survive on thin air… Problem is I have a sit/stand restriction and no fixed position of neck. also problems using mouse and keyboard… Teaching is not an option due to stress/anxiety. I rely on my Dr’s advice and insight, they usually know how to play the game VWA want to play… My original prognosis was 3 to 6 months,… Read more »
Jo
Guest

You sound a bit like me but maybe a little worse? Be careful of these dodgy rehab places, I could tell you stories about some I’ve seen in the past. I’ve even been threatened by one who told me if I don’t do everything they say they’d tell my insurer I had been uncooperative and have me cut off! (CRS) Have they tried recommending you do Call centre work yet? That seems a favourite for them 😉 They usually say you can get up and walk around, have a stretch etc and think that takes all the pain away F#@kwits!

Porsche47
Guest

I got recommended for call centre work as they do no admin???

ian
Guest

I guess in some regards I am lucky as I live remote rural which was a fight originally as I had my injury occur in the city and then moved and they even asked me did I have permission, WTF they even tried to say where I could live. But we have had many arguments as my nearest town is 1 hr drive away.

Fu_ahhhlianz
Guest

Yes call centre was the first thing. It’s all to much some days!!!

julz
Guest
hi, my statutory claims with workcover have now ceased yet I am still technically employed by my employer who refuse to terminate my employment. My legal advice is NOT to resign my position with them. My questions is do they have to pay me wages now that workcover has stopped and they still employ me ? I do not have a clearance to return to work and am still incapacitated. Please note that I am currently recieving no income and cannot claim benefits as I am “technically” employed ??? please help settle my nerves ? Can they keep me employed… Read more »
WorkcoverVictim3
Guest
@Julz – first of all I am not sure in which state you reside (workcover laws are different in each state/territory). Secondly I don’t know why you are no longer entitled to weekly payments (i.e. past 130 weeks in Vic? Not unfit for work for the “foreseeable future”, did you finalise your claim (settlement)? etc). The sad fact is that you can be ‘technically employed’ for years and years whilst unfit due to a workplace injury/illness. Many of us, seriously injured workers, have not (been able to) returned to work for over 4-5 years and are technically still employed by… Read more »
Porsche47
Guest

Just out of curiosity does anyone know for those of us that are “technically employed” by our agencies beyond the 12 months in Vic, are we still entitled to some of the benefits that all employees are. I’m thinking of things like long service leave if we are still employed at 7 years, paternal leave, maternity leave etc.

Worcovervictim3
Guest

@Porsche47 – there is some valuable info about leave on our workcover employment issues page(under resources).
I am aware that some injured workers got their annual leave paid out years and years later while still technically employed (and had accrued that leave whilst still working, but had not taken it). I don’t think long service leave accrues, nor annual leave whilst off work. No idea about parental leave but I suspect we would not be entitled …

Julz
Guest
Thank you very much. The reason I’m no longer eligible for wc payments is because IME said my injuries were stable …. They weren’t I now need a second major surgery. But I also want to try alternatives before surgery. I’ve also suffered psychological injuries as a result (injury date oct 2012) I’ve recieved payments for 18 months …. But this last part confuses me … So they can technically keep me employed but not earning a wage ? I wanted to thank you guys for this site too !!! It’s amazing to be able to talk freely to ppl… Read more »
WooWoo
Guest

Have you seen your Lawyer about the non payment and the IME report?
You can go to conciliation for a “review” about payments and treatments. Not knowing what state you are in its hard to give the correct information.
Centrelink will pay sickness benefit with certificates from your GP.

Julz
Guest

I’m in qld

befuddled in cairns
Guest
Hi julz I had the same thing if you have had an IME you will probably find one line buried saying you are fit to do your pre accident work from one point of view, ie surgical, there is no surgical reason for you not to return to your previous duties, that is all WorkCover QLD need to cut you off even if the rest of the report says you can not do your job. If your gp still says you can not do your job then your employer has to abide by that but because your WorkCover case is… Read more »
inVictoria
Guest

Quoted:
However, you must remember to roll over any TPD (total permanent disability) benefit into an approved fund to avoid the preclusion period regarding weekly payments as set out in section 96 of the Act!

could someone explain this further? don’t quite get it

WorkcoverVictim
Admin
@InVictoria- I refer to “Will a claim on my Super fund affect my WorkCover payments?” – in our recent article How to access super and TPD insurance for injury compensation The answer is: Generally, YES. If you are paid a lump sum by your Super fund, your weekly WorkCover payments may (will) stop for a period of time. How long they are ceased/suspended will depend on the size of the lump sum you received, the amount of your WorkCover payments and when you were injured. To avoid the risk of having your weekly pay stopped/cut off, don’t withdraw your superannuation… Read more »
This means war
Guest
Hi, I’ve recently been told that my occupational rehabilitation consultant, which I had the choice of 3 to choose from around 5 months ago, is no longer going to be helping me due to a late report to the insurance company. I was notified by a phone call and told he was no longer my occ rehab provider and they have organised another one for me. I argued the point that I wasn’t consulted in this change and I should have had the choice on another provider. The reply from my insurance case manager was that if I don’t comply… Read more »
How many other ways can they FU!
Guest
How many other ways can they FU!
Don’t know what state you are in but it seems the CM is just bullying you into compliance so they can get you to one of their own to dispute your claim. I would contact WorkCover in your state and ask if you can choose your own rehab providers as I believe is the case. Also tell WorkCover/WorkSafe about the harassment. Each time my CM did something to me I wrote an email directly outlining exactly what they did and how it has effected your mental health and when they did not reply. I found out who their supervisor was… Read more »
Silver
Guest
With decisions like that from the CM (Case Manager/Mismanager) you would be well within your rights to request a new CM be appointed by the insurer. It may not improve overall service, but it will show the insurer you aren’t just going to be stuffed around and held hostage to their incredibly unreasonable demands. I suspect OCC Rehab provider choices may differ from state to state too. I didn’t have the choice at all when I was injured in the ACT and one was appointed, failed to report in time (like yours) and was replaced all with no input or… Read more »
This means war
Guest

Sorry I should have mentioned I’m in Victoria, I rang ans spoke with worksafe vic and was told by them to put a complaint into the insurance company complaints department?
Did that and they said they’d get back to me, so I’m still here holding my breath.

How many other ways can they FU!
Guest
How many other ways can they FU!

Ask the insurer to send you a copy of their customer service policy that gives a time frame for replies so that will be the next complaint!

inVictoria
Guest

Quick question: are travel expenses to the Chemist claimable?

jo
Guest

Quick answer is YES I claim the travel to a Chemist as it comes under medical an like expences although some insurers may refuse to start with.. Cheers hope this helps 🙂

WooWoo
Guest

Your lucky then Jo, I’m sure I have read that trips to the chemist are not claimable, but InVictoria, I’d put it on the list of travel and see… if they do they do and if not you can dispute it…. 🙂

jo
Guest

Ah there you go then, I am in Victoria. Sorry I didn’t realise it was different elsewhere.

inVictoria
Guest

I’ve put it in and they pretend not to see it and did not rembuiresed me for that.

They emailed and said it’s not covered.

WorkcoverVictim
Admin

Never heard that trips to the chemist are covered for mileage, nor taxi transport for that matter. At least not in Victoria. They are not considered medical and like services for the purpose of travel.

tony
Guest

I get paid for trips to the chemist and post office and I put in my receipt for stamps and photo coping of documents and they pay me,this was given advice from my lawyer.

Jo
Guest

Ask your insurer for a ‘Travel reimbursement Form’ fill the form out with the dates, mileage, service Doctor Chemist etc and ask them to initial or sign it while at the service; remember to double the mileage as you will have a return trip Home. I also claim the travel to and from the rehab provider.
When you have filled the Form up copy it and send it in with your Certificate of capacity; If they get the Workover cert they got the Travel Form! just in case it goes missing in the mail.
Always keep copies of EVERYTHING!

Jo
Guest

I am taken by Taxi to my IME appointments (some distance) as I cannot drive that far and don’t have other methods of transport available; I usually have to ask my Doctor to write/fax the insurer once a year to tell them I am unable to drive that far and they organise the referred transport.
I used to get Ambulance patient transport to take me but if an Ambulance took me it was absolute agony due to the hard Truck like suspension.
If you’re having problems with driving or using other transport ask your Doctor to write to the insurer about it.

Frenchy
Guest
Hi Jo, You have to be extremely careful when asking your doctor to write to the insurer saying you cannot drive long distance. I have 2 lumbar discs and one cervical one crushed and I can only drive sometimes when in a “good day” just to go to pick up/drop my kids to local station 5/7 minutes drive or get to shops about same. When I informed the insurer I could not drive to IME appointment 30 minutes away they wanted me to contact the RTA , with my doctor reports, to have my driving limitations assessed and placed on… Read more »
deluded
Guest
AMP what can I say…..my advice and this was given too me from nice staff member from Human Services is change your super fund to a user friendly super mob…AMP make life extremely difficult have idiots as team leaders in the admin side of their super…I am only trying to access my super under severe hardship….my goodness these clowns make sure severe hardship of access to your funds is severe hardship. The clown assigned to my claim leaves msgs on my phone and then when I try to return call makes it impossible…This clown expects me to mediate thru their… Read more »
Frenchy
Guest

@Bunny :Hi Mate, it is indeed very frequent in my 4 years so far they have used this excuse 5 times…yeap….I complained to everybody under the sun about this practice but no one care responding … this is very unfortunate but you just need to accept it and hope the crooked IME won’t be too biased (which I truly doubts as it is his bread …repeat business from insurances if he give them a nice report).

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