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Work injury not serious enough for common law – exaggeration & surveillance

By on June 1, 2013 in Common Law, Legal cases, Surveillance, WorkSafe Vic

An injured worker was deemed not to suffer a serious injury, following video surveillance carried out over 22 days over several years, and based on the fact that the injured worker did not take as many painkillers as alleged and, hang on, based on her her movements at the Court, “which had been quite slow” [...]

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Another fraud accused injured worker entitled to workcover!

By on May 25, 2013 in Fraud & Abuse, Legal cases, Surveillance, WorkCover SA

You surely know by now that we are allergic to the abuse of the very costly and wasteful surveillance by workcover (Authorities, insurers, self-insurers and employers) of injured workers, portraying them all as fraudulent malingerers. As we have pointed out on numerous occasions, many genuinely injured workers are “routinely” accused of “fraud” and have their [...]

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Workcover case managers listen to background noise when phoning injured workers – WTF

By on May 8, 2013 in Case manager (follies), Surveillance, Tips & Tricks, WTF

A former workcover case manager recently told us that they are told to listen for “background noise” when phoning  injured workers, in order to listen for “clues” that the injured worker is “undertaking” some activity or hobby! WTF! We nearly fell over when we heard that phone conversations are encouraged by workcover insurance companies, as [...]

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Surveillance video shows effective short term treatment – not deceit!

By on May 6, 2013 in Legal cases, Shame files, Surveillance

We’re  not giving up and (will) continue to discredit the use of the very costly and wasteful surveillance by workcover (Authorities, insurers, self-insurers and employers) of injured workers, portraying them as fraudulent malingerers. Again, let’s set some records and “gotcha” surveillance facts straight, given that workcover, their agents and the media seem to conveniently “forget” [...]

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Workcover surveillance fails to prove famous gotcha fraud, breached Act

By on May 1, 2013 in Legal cases, Surveillance, WorkCover SA

We, seriously injured workers, continue to find it alarming that so many people in the community continue to question the “genuine” status of injured workers. The media obviously has a large role to play by reinforcing the stereotype of injured workers as fraudulent malingerers, even though research has proven over and over again that injured [...]

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Social networking and workcover – the dangers explained and discussed

By on April 12, 2013 in Surveillance

Social networking has become a very popular topic within the workers’ compensation community, all over the world.  In this American must-hear podcast, most of which applies to Australia as well, Attorney Jon L. Gelman and host Attorney Alan S. Pierce discuss in depth social networking in the workers’ compensation world. More importantly important stuff like [...]

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Surveillance shows injured worker “exaggerates” symptoms however court finds no evidence

By on April 11, 2013 in Legal cases, Surveillance, WorkCover WA

An injured worker who was allegedly found to have exaggerated her symptoms based on “almighty”  workcover surveillance was, thankfully, not required to refund the weekly payments paid to her ordered by some “review officer”,  as there was not enough evidence that she actually exaggerated, the WA Compensation Magistrate’s Court ruled (in 2006). However, based on [...]

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The use of Facebook – you have been served

By on April 5, 2013 in Surveillance, Tips & Tricks

Remember the good old days, when Facebook  and Twitter were  just for fun? No more! Did you know that the Australian Court can even serve legal documents via Facebook!? You would probably all agree that social media has changed and is still changing our lives, in many ways. But social media is also changing our [...]

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Johnny’s workcover story

By on March 16, 2013 in Stories, Surveillance, WorkCover

The abuses of injured workers under workcover are a battlefield and varied. However the most common “themes” we see and hear from injured workers, like “Johnny”, are the delays, denial of needed medical treatment; the inadequate, inappropriate, superficial , perfunctory, shallow and hasty “return to work” plans; the many inappropriate, cursory and frankly biased “independent” [...]

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Workcover surveillance – what if the roles were reversed?

By on March 14, 2013 in Ramblings & Whinges, Surveillance

An injured worker was recently followed by several [workcover] private investigators for more than a year. But the creeps did not only followthe injured worker around, they also followed his wife and daughter, who have no workcover claim! Another seriously injured worker based in NSW recently told us he had to sell his house because [...]

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Surveillance evidence defeats injured workers damages claim

By on March 10, 2013 in Common Law, Compensation, Legal cases, Surveillance, WorkSafe Vic

Again, in this legal case [Vic], an injured worker’s credit was significantly undermined by  workcover insurance’s surveillance video footage. Please remember at all times, and especially if you are undertaking legal proceedings (i.e. common law damages claim, serious injury certificate etc.) that the insurer (defense) WILL put you under surveillance, by means of “finding anything [...]

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How does social media and other surveillance prejudice an injured workers case?

By on February 24, 2013 in Common Law, Compensation, Surveillance, Tips & Tricks, WorkSafe Vic

It is a well known fact that workcover insurers (and their lawyers) are crawling all over injured workers’ Facebook pages (and other social media sites), and routinely download those pages in “evidence” in case they are later “altered”. Many [genuinely] injured workers still do not understand how stuff posted on Facebook could possibly prejudice their [...]

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Sneaky video surveillance gotcha moment squashed by good day-bad day argument

By on February 22, 2013 in Common Law, Legal cases, Surveillance, WorkCover QLD

We recently stumbled upon a QLD legal case where, yet again, the extent of the injured worker’s injury was heavily questioned by secret and sneaky video surveillance footage, which claimed – of course- that the injured worker was a faker. Thanks God, His Honour was nevertheless impressed with both medical experts testimonials and concluded there [...]

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Bringing legal proceedings relating to your workcover injury? Hide under a rock!

By on January 29, 2013 in Common Law, Surveillance, Tips & Tricks

I have said it a million times, and I am saying it again – if you are bringing legal proceedings which relate to your workcover injury, please, please be advised to refrain from posting any comments on your social media sites (such as Facebook, Twitter, Blogger etc.) and on sites such as aworkcovervictimsdiary.com which relate [...]

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Why injured workers should stop using Facebook

By on December 4, 2012 in Surveillance, Tips & Tricks

I recently visited a barrister in relation to my workcover claim. The first thing he said was that I was to expect surveillance very shortly, “they always conduct surveillance when you litigate”. The second thing he said is that he had a client (alleged injured worker) yesterday who “got busted” – his ” ‘malingering’ hit [...]

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Employers entitled to “scrutinise” actions of injured workers absent on compo: Fair Work

By on December 2, 2012 in Legal cases, Surveillance, unfair dismissal, WorkCover, WorkCover NSW, WTF

To our horror, Fair Work Australia has recently found that employers are entitled to “scrutinise” the actions of employees who are absent on workers’ compensation! However Fair Work also has ruled in favour of a surveilled worker in an unfair dismissal case. Employers entitled to “scrutinise” actions of injured workers absent on compo: Fair Work [...]

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