By popular demand,we’ll summarise the main issues affecting a contract of employment when an employee is absent on workcover. An employee’s absence on workcover can create a number of different issues for an employer, questions from injured workers have arisen ranging from the accrual of leave entitlements during an absence to whether the employer can terminate [...]
Tag Archives | Entitlements
Xchanging Case Manager inappropriate claim management
Speaking of rude and inappropriate case managers, some who deliberately delay or deny vital care to seriously injured workers, aworkcovervictimsdiary.com received some jaw-dropping evidence of the mismanagement – to the point of frankly-endangering the injured worker’s life, of an injured worker’s claim. Xchanging Case Manager inappropriate claim management A seriously injured worker, who’s last shoulder [...]
My workcover case manager is “reviewing” my medication
A few months ago, folks, an injured worker heard through his pharmacist that one of his prescribed (by his pain specialists!) pain medications was “under review”. His workcover case manager simply stopped paying for his medication without notice or explanation. About three months later, none of his treating doctors had received any inquiry about the [...]
Harassment by boss & by workcover case manager constitutes of bullying and invasion of privacy
In a fairly recent Australian Industrial Relations Commission (AIRC) case, an employee’s manager was found to have harassed an employee by telephone calls and attempting to visit the employee at home, which constitutes a breach of privacy and disregard of this basic civil right constitute grounds for dismissal. The same applies to a workcover case [...]
Workcover termination of payments: when insurer suddenly terminates medical expenses
Yesterday, aworkcovervictimsdiary.com received an email from a genuinely and severely injured worker who has had her medical expenses suddenly terminated by her workcover insurer, without a seemingly logical nor valid reason. She (and we) are wondering if there are any other injured workers out there who have had their medical expenses suddenly terminated and what [...]
Can an injured worker on workcover cash out leave?
Injured workers who are in receipt of workers compensation payments may seek to supplement their income by cashing out some of their accrued annual leave — is this permissible? This question was recently sent to aworkcovervictsimdiary.com. Can an injured worker on workcover cash out annual leave? Question Background Because of his financial situation, the injured worker [...]
WorkCover Weekly Payments and PIAWE
I received quite a few questions about weekly payments and PIAWE and how they are calculated. In this post I’ll do my very best to explain what your entitlements are (Victoria) and how your PIAWE should be calculated. Weekly payments under WorkCover vary. They depend on: Timing When the injury occurred and the claim was [...]
Is your requested medical care reasonable and necessary?
Workcover legislation varies quite a bit from state to state, but one thing all states have in common is the requirement that injured workers be provided all reasonable and necessary medical care. The goal of all work cover jurisdictions is indeed to return the injured worker to work, as quick as possible and to full [...]
Workers compensation to and from work
Detours may take workers off the track to compensation! With more and more accidents occurring during peak hours, especially when people are rushing to get to and from work, it’s very important to understand your rights should you get injured on the way to or from work. Workers compensation to and from work Under normal [...]
Xchanging denies request for surgery
I need to vent before I bang my head against a wall! Not long ago I posted my story about the third medical panel I attended in 3 years and which was suspended this time because of “injury unstable” because my orthopedic super specialists fears that I have chronic osteomyelitis (bone infection) in that arm/shoulder [...]
What happens if you are made redundant whilst on workcover
The prospect or the reality of losing one’s job, particularly when injured, on workcover and on restricted duties can be extremely frightening and confusing. Made redundant and on WorkCover – where do you stand? Many injured workers are not aware that even if an injured worker’s employment is terminated (as in when the injured worker [...]
Why WorkCover Claims are often denied for Back, Neck, Shoulder or Knee Injuries
Some of the most difficult workers compensation/workcover cases involve injuries to the back, neck, shoulder and knee. It is typical for employers and workcover insurance companies to avoid accepting responsibility for these injuries because of the potential for lifetime workers compensation benefits or findings of arthritis. Injury to the lumbar (back) and cervical (neck) spine [...]
What if a claim is rejected or notice is given that weekly payments will stop?
Once the authorised insurer/claims agent receives a workcover claim it has 28 days in which to accept or reject the claim. If the workcover agent rejects the claim it should provide written notice of the rejection. If it doesn’t reject the claim within the 28 days allowed, then the claim is treated as accepted. Normally, [...]
Are you entitled to Superannuanuation whilst receiving WorkCover payments?
Superannuation contributions – Do you have an entitlement whilst receiving workcover payments? The law governing workcover claims was again amended in 2010 to give injured workers an entitlement to Superannuation contributions, whilst they are receiving weekly payments. If you have sustained a workplace injury on or after 5 April 2010 and: You have received 52 [...]
Sometimes it’s worth waiting or delaying serious injury
Waiting for Serious injury For some injured workers, it is not immediately obvious whether they suffer from a serious injury. Often an injury will be troublesome and cause some ongoing pain and restrictions, but it is uncertain whether it will meet the strict legal test of “serious injury”. As an injured worker only gets to [...]
Obtaining household help and assistive appliances under workcover
A few weeks ago I posted a story about how to obtain home help under workcover. Here is the follow-up story of that mind numbing process… The process of requesting home or household help under workcover recap “WorkCover can pay for the reasonable costs of household help services to assist in the rehabilitation from your [...]
Supported by Erin Brockovich
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Keira zw: |...
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At A Loss: This could be so that the High Court then makes fu...
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Angela Morgan: Have any of you heard of the WorkCover "Scheme ...
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John McPhilbin: I could be wrong but it sounds more like President...
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John: This one:- http://m.dailytelegraph.com.au/news/ba...
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WorkcoverVictim: @Trinny - are you able to give some further advise...
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JO: When speaking to a Barrister about my case he just...
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Poppy: I'm in SA....
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workcovervictim3: @Poppy - could you please let us know in what stat...
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R: hi Poppy, I completely understand how you are feel...
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NSW Court rules workcover amendments affecting lumpsums do not apply retrospectively
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Faulty assumptions only adds insult to injured workers
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Workcover case managers listen to background noise when phoning injured workers – WTF
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WorkCover NSW average premiums cut by 7.5 per cent
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Government plan to make Comcare best practice model
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Deed of release often used in settling workcover cases- what are they?
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Barry’s reform adds insult to the injured
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Vic Premier Naphtine called building workers safety march a disgrace
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Assault on injured workers – more evidence and concern S.I.A
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Workcover compensation schemes impede recovery from injury
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Recoveries of money under workcover
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Employers incl RTW Coordinators are not allowed to attend doctors appointments
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Is there such a thing as post traumatic growth?
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International Day of Mourning: remembering those injured workers who have died
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Judge criticises law firm about rejection of more generous settlement offer
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NSW injured workers can still make a further claim for impairment for that same injury – new legal case
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What has the attack on NSW’s Workers Compensation laws meant for you?
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When can weekly payments in Victoria be terminated
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How are damages calculated
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How to spot chronic workplace bullies
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Common law damages claim and duty of care of the employer
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Federal Court ruled AAT required to explain why it preferred the IME’s evidence
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Medical Panels must provide clear reasons – Supreme Court Vic
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Workcover Certificates: Doctors must ensure they’re carefully worded
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Injured worker denied recommended back surgery and at wit’s end
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Change WorkCover. Give injured workers a fair go – Petition
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Injured worker’s weekly pay cut off based on biased pain doctor’s report
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Injured worker collapsed after “performance management” meeting – horror story
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What if an injured worker resigns in the heat of the moment?
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Workcover stress claims and reasonable administrative action
Forum for injured workers
Social Club Victorian Injured workers – SIC
**Next meeting April 2013**
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