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.

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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).

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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

2,722 Responses to “I need help”

  1. I guess i am in the small minority of those who had a work place injury in the late 90s, in Vic when Jeff Kennett was premier.
    For the short time he was in, he made the ruling that no lump sum payments for pain and suffering and loss of earnings would be payed out but instead made it that you continue 65% of the weekly payments until your at retirement age “if you cant return to your old job or any other job.

    It is my 19th year with C.G.U. and i am 55.
    In the begging i was entitled to free physio, house cleaning and even got a ramp for wheel chair or walking frame access along with bathroom support rails, they even payed for my fire wood, all the while they were trying to get me to see if i could do other work, but all of that stopped eventually.

    I would go to the every 2 or 3 years insure medical examiner to be told i am unfit for any work, the decision they would make was it, dun and dusted until the next examination.
    Weather that be 1 day after or 3 years after it is not as if they can all of a sudden change and contradict the specialist decisions and findings, for CGU to forget all that and send me to a “Occupational Rehabilitation Assessment”

    Now all of a sudden at 55 in my 19th year with C.G.U. and what problems i have had have now also turned into
    “Moderately severe glenohumeral joint osteoarthritis and some degenerative change in the ACJ
    And also Cervical Spine Moderately severe degenerative lipping and narrowing of most disc spaces.
    Also the same in the Lumber Spine..
    They are now wanting me to go to an Occupational Rehabilitation Assessment.
    Apparently i am to see this person and if this person decides that there is a job i can do i am then going to be sent to a medial examiner and i would have thought it would be the other way round.
    It seems a bit strange to me and that it should be the other way round, i see the medical examiner or specialist who may decide that i could do some work and because of that decision i would get sent to the O.R Assessment to then find the right job.

  2. The court will issue a temporary ivo and the police/sheriff have to track the address to issue the documents.

  3. Thanks WCV, people need to know what Case managers are capable of. I read the recommendations in NSW and what struck me was ‘Proper qualifications for case managers’, this as far as I know has not happened. Over 10 years, I had about 16 case managers ranging from the extremely nasty, threatening types at GIO who said and I quote “You will do what we tell you to do” (to which I answered ‘make me’, much to my regret later on), to the absent (my favourites) to the end game attack dog determined to make my life a misery by incessant phone calls, refusal to allow me to have my own rehab provider (she lost that one) and by doing such a wonderful impersonation of someone with a sever empathy bypass, I really thought she was actually a robot. But never have I read of such a despicable act by this case manager, I hope the injured worker gets justice against this sociopath and I sincerely hope that this dreadful story does not remain just with us, it needs to be in the public domain.

  4. @SC would you like a read?

  5. @SC @Bunny I now understand this is a former case manager who was made redundant a couple of years ago by CGU (and CGU are now out of workers comp in NSW). SIRA won’t do anything – it’s not regulatory. ICare won’t – they only see it as a “possible” privacy breach. The police won’t – they didn’t see it as threats (they might now with the real escalated threat to kill the injured worker). CGU Vic see it as abhorrent – and wish to write a letter and warning but they can not locate this former CM. The Injured person is very worried and wants a PVO but says s/he can’t get one without the address of that former CM.
    I hope the IW has gone back to the police with the evidence (it is sickening to read), and that they are now helping gicen the explicit threat(s).
    Geez how would you feel if that were to happen to you? I am at a loss….

  6. If that CM has threatened to hurt the injured worker, then that is illegal and the police have to respond to it. As an injured worker, they are also protected under disability laws and that needs to looked into. This is the kind of thing that needs publicity, it is criminal harassment and the Insurance Company needs to be held accountable for employing such an unsuitable person to the position of Case Manager. I think Legal action is the only option if the police wont do anything. And remember all those people ignoring this can also be held accountable, especially the MP.

  7. Assuming the comments written by the ex CM were that extreme as to cause major distress, even harm to the worker (I haven’t seen them yet), then obtaining the equivalent of what in WA is called a VRO (Violence Restraining Order) against this person, based upon the threats, would not be that far fetched and may be a first step to indicate that the worker takes the threats as serious and credible.

    I think that police interest and involvement is not really likely at this stage, unless a VRO is granted, at which time they may take this more seriously. If not a VRO then at least an MRO (Misconduct Restaining Order) may be considered (if the law there is the same as in WA).

    My thoughts are that If the ex CM is still employed and hence an agent of the insurer the insurer may even be (vicariously) liable for common law damages for the actions of the CM (for causing foreseeable injury to the vulnerable worker). Obviously, damages arising from psychological injury need be shown to have been caused by the CMs letter and threats, and for this reason a doctor’s or psychologist or psychiatrist’s report would be crucial. I’m thinking about the most vigorous legal response to this extraordinary situation.

    Of course the more conservative approach would be to simply report this to the management of the insurer and to Workcover which should (I say ‘should’) rightly result in the termination of the CM and this is something you may want to do as well.

    All of the above advice is on the assumption the letter is that serious and so extremely inappropriate such as is most likely to cause distress and actual harm, and that the CM is still with the insurer (and hence an agent or employee for which the insurer is vicariously liable). If the ex CM is no longer employed by the insurer then my advice would be different and I can communicate this in due course.

  8. Definitely seek an intervention order as a priority. If the police don take action then I would seek the services of a lawyer, even legal aid to find out what options there are, but seriously the police should be on heard and acting against these threats.

  9. @Bunny, disgusting indeed, but I guess they fit the perfect profile to work for insurers. The case of the ex CM has now escalated to an overt threat to kill this poor injured worker (I have the hard evidence). The initial pleas to local MP, police etc did not help at all, the injured worker did not even get a response. Given that this has now escalated beyond belief, I think the IW should go to the police immediately with all the evidence. What would you do if you CM or former CM threatens you with a bullet?

  10. @SC, the issue with the ex CM has now escalated, I have the hard evidence. The CM actually threatens to kill that poor injured worker. What can be done? The police were allegedly not interested the first time around, surely if you fear for your life they must act? The CM sounds (reads) like a real psychopath and that scares ME on behalf of that poor injured worker. Any urgent thoughts/ advice, please? I thank you.

    Has anyone else been explicitly threatened by a former or current CM, online (social media etc)? If so please contact me via contact section (form). Many thanks.

  11. I find this issue completely abhorrent, how dare that case manager do that. I would get as much publicity about this as possible. Contact your local member and send them a copy, seek legal advise urgently. Recently I was horrified to learn that that a son of a friend of mine was starting work as a case manager for an Insurance company. He could not get a permanent job as a teacher and his wife works as one as well. My friend told me that most injured workers fabricate their claims, that is what these case managers have been brainwashed to believe, so it is no wonder this is happening. I am now out of the system after 10 years and never been happier, but I could not have done it without the assistance of my legal team, that is what you need. I recommend Turner and Freeman in NSW they are excellent. Do not put up with this, this letter is liable and breaks certain laws. It is also actionable under the laws of discrimination because as an injured worker, you are disabled. Please I implore this poor injured worker to take this further and if this ‘former case manager’ has left employment with the Insurance company, it does not matter because of the laws of agency. They have all of the positives on their side, this is a case the Insurance company will want to have settled as soon and as quietly as possible.

  12. @To injured worker incited to commit suicide by case manager: See SC comments. I also sought advise with ZAPARAS Lawyers (https://www.zaparaslaw.com.au/) who are happy to provide this blog with practical legal advice as well, when needed.
    Their response is essentially:
    “in relation to the query about the NSW person being contacted by their former case manager, I can only suggest that a complanit be made by this person to management of workcover / insurer as it does appear very inappropriate”
    If I were you I would publish the material here online, with names and other identifiers suppressed. Let me know if OK. It’s just outrageous behaviour and is not on. Such terrible thing should be made public at the very least. What if an injured worker is just literally tipped by such nasty comments to actually commit suicide? We all know that dealing with workcover in addition to a genuine injury is enough to make most of us really very depressed. I too have comtemplated suicide during my case, because of the pain, the disability, loss of career and, most of all because I was treated like a scumbag, even though my inuuries were black on white and straight forward albeit catastrophic.

  13. Is the former case manager still employed by the insurer?

  14. Can anyone please advice , any legals around? I have a serious question re a poor injured sod – what would YOU do if your former case manager contacted you to tell you (in writing) that you are scum (and worse) and that you shoul commit suicide? The EVIDENCE is there. The police did not help. I am shocked and at a loss so far to find some help for this poor injured worker.

    • Immediately report it to your doctors, lawyer and the Workcover Ombudsman.
      https://www.ombudsman.vic.gov.au/Complaints

    • There is in my opinion recourse against the insurer and/or the former case manager especially if he is still employed by the insurer. At the very least he should be terminated from his job.

      • @SC, thank you for the info you provided, much appreciated. Who should be contacted within that Insurance Company, or should the relavant WorkCover NSW be contacted with the evidence on hand, they are supposed to be the ‘boss’of the insurers…?

        • Workcover, I believe should be contacted. I’d really like to see this letter. An initial starting point would be to get a written explanation from the insurer. Put them on the defensive. It certainly may be actionable if a case officer could be so incredibly stupid and callous as to put something like that in writing (on behalf of the insurer?) If this letter causes foreseeable harm to the worker it may have further implications and ramifications, (such as a claim for bullying at common law) so more details would be helpful.

          • Also, the worker’s psychiatrist or psychologist and/or GP should be asked to comment on the risk of harm potentially or actually caused by the letter. If they support the proposition that the letter is potentially injurious (I suspect they would) then I would encourage the worker to take this further.

  15. Hi

    I recently resigned from my job of over 15 years with a serious injury due to workplace stress. I have lodged aworkcover claim due to my injury . I had a similar claim over 10 years ago and my injury this time around was more serious. I try to retract my resignation letter but my employer didnt accept it. The 2007 claim was accepted and the employer was found liable for the injury. My injuries in last year were related due to false and misleading information about the situation talked about by other workers. I would like people to give me advice on my options.
    Mary

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