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up as well, should you prefer to remain anonymous (mind you, using your real email address is also safe, as it will NOT be published and your email will only be visible to the blog’s administrator), however, due to potential hacking or snooping, we suggest you use a fake email address at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

2,722 Responses to “I need help”

  1. 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.

  2. 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.

  3. 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.

  4. 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!

  5. 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.

  6. 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

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