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What if an injured worker resigns in the heat of the moment?

By on May 13, 2013 in Employment, Resources, unfair dismissal

Further to injured worker “Will”‘s story, alleging that his employer and his workcover insurer falsely claimed he had resigned from his employment, we undertook a little more research into resigning, and learned that resigning “in the heat of the moment” is not (always) deemed a “resignation”. Industrial tribunals have found that “words said in the [...]

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Deed of release often used in settling workcover cases- what are they?

By on April 29, 2013 in Common Law, Legal cases, Resources, Tips & Tricks

Deeds of release are often used in settling workcover cases  and common law claims between employers (or their representing insurance companies and defense lawyers) and injured workers — but what are they really? In this article, we try to discuss what deed are, how they’re written and provide very important tips on their use for [...]

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Stress claims: Workcover or a separation package?

By on April 14, 2013 in Bullying & Stress, Legislation, Psych, Resources, Tips & Tricks

Further to some to some interesting and intense commentary regarding injured worker “A” who experienced bullying and sexual harassment in her workplace and has been offered a “deal” consisting of three months salary and a quick and presumably very quiet separation, we looked a little deeper into the pro’s and con’s of going down the [...]

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Can I resign when I am on workcover?

By on March 21, 2013 in Legislation, Resources, Return to work, Tips & Tricks

Further to “Jax” question asking whether work (or workcover) is liable to pay his weekly payments, now that he has resigned from his job, we trolled our books and the web to find an answer, with an explanation. Well, ahum, the “bad’ news is that resigning from your job with your pre-injury employer “for reasons [...]

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Workcover claim accepted – but surgery, procedures, imaging, specialists and treatment denied

By on March 3, 2013 in Case manager (follies), Entitlements, Insurance claims, Resources, WorkCover, WorkSafe Vic

Workcover insurance companies quite often tell us and our treating doctors that they will not pay for procedures that the doctor, even the most expert of experts, says are medically appropriate and necessary. In Victoria this is in accordance with Division 2B of Part IV of the Act aworkcovervictimsdiary often hears from  injured workers whose [...]

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Human Rights Commission powerless in public sector and workcover matters

By on February 20, 2013 in Bullying & Stress, Legislation, Resources

We recently received correspondence a bullied, harassed and ill-treated injured worker sent to the Human Rights Commission. The response the injured worker received was very disappointing. It appears Human Rights are available to anyone who doesn’t work in the public sector or have a workcover claim. Thanks to the injured worker, we know have this [...]

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When the workcover system lets you down…

By on February 18, 2013 in Fraud & Abuse, Politics, Resources, WorkCover

To better our WorkCover system so we more effectively get injured workers phsyically (and mentally) better and back to work we have to really speak up. How about flooding the Minister for Workcover’s inbox with hundreds, thousand of heart felt emails? When the workcover system lets you down… Do you feel you could have been [...]

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Vocational re-education (retraining courses) under workcover

By on February 15, 2013 in Entitlements, Resources, Retraining, Return to work, suitable employment, WorkSafe Vic

Further to Survivor’s post “Fighting For Retraining In The Workcover”, and the many obstacles Victorian injured workers face when it comes to obtaining approval from their workcover insurer for “retraining”; we undertook some additional research into the frustrating “vocational re-education & retraining courses” process. Vocational re-education (retraining courses) under workcover According to the famous online [...]

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Workcover liable for injured worker’s overseas medical costs

By on February 11, 2013 in Compensation, Entitlements, Legal cases, Resources, Tips & Tricks

Given one of the Blog’s admins recent medical “pickle” overseas, we wondered whether workcover (the insurer) is indeed liable for the injured worker’s overseas medical (and like) incurred costs related to their workcover injury. Well, yes, it certainly seems so, according to this NSW legal case whereby A NSW employer was ordered to pay the [...]

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How long will it take for my workcover common law claim to settle?

By on February 9, 2013 in Common Law, Compensation, Resources, Serious injury, WorkSafe Vic

Many [Victorian] seriously injured workers, who are eligible for a common law damages claim, ask us how long it will take to settle their [common law damages] workcover claim. Under the Victorian WorkCover, there are three (3) elements that you must establish to obtain common law damages. These elements are: You are suffering from a [...]

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Social Club for Victorian injured workers (SIC)

By on November 15, 2012 in Psych, Resources, Stuff, WorkSafe Vic

Social Club for Victorian injured workers (SIC) The Social Club for Victorian Injured Workers (SIC) is a real-life social club for injured workers kick-started by aworkcovervictimsdiary in November 2012 whose prime purpose is to assist injured workers in meeting some of the social, adjustment needs, psychological issues and challenges during their injury or illness. The [...]

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What is a work hardening programme?

By on November 7, 2012 in Case manager (follies), Resources, Return to work, suitable employment, Tips & Tricks

Ever heard of a Work Hardening Programme? Has your workcover case manager sent you to such a programme, made allusions to sending you? Has s/he asked an “independent” medical doctor whether you are “fit” to attend a work hardening programme? And, what the hell is it anyway, what is it used for? Well…The objective of [...]

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Serious injury certificate is simply a gateway

By on October 1, 2012 in Legal cases, Legislation, Resources, Serious injury, WorkSafe Vic

A recent Court of Appeal decision in Victoria has confirmed the long-held view that once a Serious Injury Certificate is obtained, workers can seek damages for all injuries sustained in the same compensable circumstances. Serious injury certificate is simply a gateway This case, although unique in the facts that led to this appeal, involved a [...]

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Workcover NSW changes fact sheet overview

By on September 18, 2012 in Legislation, Media, Resources, WorkCover NSW

Thanks to our wonderful friend @grathom, we were alerted about the existence of a few new, rather disturbing, workcover NSW “fact sheets” and a media release from Mr Greg Pearce… a dog’s breakfast – good morning! Workcover NSW changes fact sheet overview New WorkCover Benefits flow through – Pearce [Media Release] Or view the Media [...]

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Workcovervictimsdiary new forum

By on September 17, 2012 in Diary entries, Resources, Stuff, workcover forum

We have a brand spanking new, smart and fast forum! We have, however, made the decision not to import all the data (posts and comments, as well as registered users) into our new forum, for potential security issues after our site was attacked by our very own adversarial workers compensation system! See article about DoS [...]

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Conducting workplace investigations: how it should be done – really?

By on September 8, 2012 in Bullying & Stress, Resources, Tips & Tricks, WTF

Industrial tribunals have repeatedly criticised employers over botched investigations or their failure to investigate workplace incidents, including bullying. Acumen Lawyers practice director Brad Petley told attendees at a recent “how to conduct effective workplace investigations” webinar, hosted by OHS Alert’s associate publication HR Daily,that a properly-conducted investigation could be the key to your organisation’s success [...]

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